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 In certain cases in which a repealed Act or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incorporates amendments to the repealed Act or Section into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Act is repealed.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 Acts Act repealed January 1, 2008.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following Acts are Act is repealed on January 1, 2008: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 interest
at the effective rate until paid.
(d) With respect to employees whose wages are funded as
participants under the Comprehensive Employment and Training
Act of 1973, as amended (P.L. 93-203, 87 Stat. 839, P.L.
93-567, 88 Stat. 1845), hereinafter referred to as CETA,
subsequent to October 1, 1978, and in instances where the
board has elected to establish a manpower program reserve,
the board shall compute the amounts necessary to be credited
to the manpower program reserves established and maintained
as herein provided, and shall make a periodic determination
of the amount of required contributions from the City to the
reserve to be reimbursed by the federal government in
accordance with rules and regulations established by the
Secretary of the United States Department of Labor or his
designee, and certify the results thereof to the City
Council. Any such amounts shall become a credit to the City
and will be used to reduce the amount which the City would
otherwise contribute during succeeding years for all
employees.
(e) In lieu of establishing a manpower program reserve
with respect to employees whose wages are funded as
participants under the Comprehensive Employment and Training
Act of 1973, as authorized by subsection (d), the board may
elect to establish a special municipality contribution rate
for all such employees. If this option is elected, the City
shall contribute to the Fund from federal funds provided
under the Comprehensive Employment and Training Act program
at the special rate so established and such contributions
shall become a credit to the City and be used to reduce the
amount which the City would otherwise contribute during
succeeding years for all employees.
(f) In lieu of levying all or a portion of the tax
required under this Section in any year, the city may deposit
with the city treasurer no later than March 1 of that year
for the benefit of the fund, to be held in accordance with
this Article, an amount that, together with the taxes levied
under this Section for that year, is not less than the amount
of the city contributions for that year as certified by the
board to the city council. The deposit may be derived from
any source legally available for that purpose, including, but
not limited to, the proceeds of city borrowings. The making
of a deposit shall satisfy fully the requirements of this
Section for that year to the extent of the amounts so
deposited.
(Source: P.A. 90-31, eff. 6-27-97; revised 12-18-97.)
(40 ILCS 5/8-230.1) (from Ch. 108 1/2, par. 8-230.1)
Sec. 8-230.1. Right of employees to contribute for
certain other service. Any employee in the service, after
having made contributions covering a period of 10 or more
years to the annuity and benefit fund herein provided for,
may elect to pay for and receive credit for all annuity
purposes for service theretofore rendered by the employee him
to the Chicago Transit Authority created by the "Metropolitan
Transit Authority Act", approved April 12, 1945, as amended,
or its predecessor public utilities; provided, that the last
5 years of service prior to retirement on annuity shall have
been as an employee of the City and a contributor to this
Fund. Such service credit may be paid for and granted on the
same basis and conditions as are applicable in the case of
employees who make payment for past service under the
provisions of Section the immediately preceding Sec. 8-230,
but on the assumption that the such employee's salary
throughout all of his or her service with the such Authority
or its predecessor public utilities was at the rate of the
employee's his salary at the date of his or her entrance into
the service as a municipal employee. In no event, however,
shall such service be credited if the such employee has not
forfeited and relinquished pension credit for service
covering such period under any pension or retirement plan
applicable to the such Authority or its predecessor public
utilities, and instituted and maintained by the such
Authority or its predecessor public utilities for the benefit
of its employees.
(Source: P.A. 82-971; revised 8-8-97.)
(40 ILCS 5/9-108) (from Ch. 108 1/2, par. 9-108)
Sec. 9-108. "Employee", "contributor" or "participant".
(a) Any employee of the county employed in any position
in the classified civil service of the county, or in any
position under the County Police Merit Board as a deputy
sheriff in the County Police Department.
Any such employee employed after January 1, 1968 and
before January 1, 1984 shall be entitled only to the benefits
provided in Sections 9-147 and 9-156, prior to the earlier of
completion of 12 consecutive calendar months of service and
January 1, 1984, and no contributions shall be made by him
during this period. Upon the completion of said period
contributions shall begin and the employee shall become
entitled to the benefits of this Article.
Any such employee may elect to make contributions for
such period and receive credit therefor under rules
prescribed by the board.
Any such employee in service on or after January 1, 1984,
regardless of when he became an employee, shall be deemed a
participant and contributor to the fund created by this
Article and the employee shall be entitled to the benefits of
this Article.
(b) Any employee of the county employed in any position
not included in the classified civil service of the county
whose salary or wage wages is paid in whole or in part by the
county. Any such employee employed after July 1, 1957, and
before January 1, 1984, shall be entitled only to the
benefits provided in Sections 9-147 and 9-156, prior to the
earlier of completion of 12 consecutive calendar months of
service and January 1, 1984, and no contributions shall be
made by him during this period. Upon the completion of said
period contributions shall begin and the employee shall
become entitled to the benefits of this Article.
Any such employee may elect to make contributions for
such period and receive credit therefor under rules
prescribed by the board.
Any such employee in service on or after January 1, 1984,
regardless of when he became an employee, shall be deemed a
participant and contributor to the fund created by this
Article and the employee shall be entitled to the benefits of
this Article.
(c) Any county officer elected by vote of the people,
including a member of the county board, when such officer
elects to become a contributor.; and
(d) Any person employed by the board.
(e) Employees of a County Department of Public Aid in
counties of 3,000,000 or more population who are transferred
to State employment by operation of law enacted by the 76th
General Assembly and who elect not to become members of the
Retirement System established under Article 14 of this Code
as of the date they become State employees shall retain their
membership in the fund established in this Article 9 until
the first day of the calendar month next following the date
on which they become State employees, at which time they
shall become members of the System established under Article
14.
(f) If, by operation of law, a function of a
"Governmental Unit", as such term is defined in the
"Retirement Systems Reciprocal Act" in Article 20 of the
Illinois Pension Code, is transferred in whole or in part to
the county in which this Article is in force and effect, and
employees are transferred as a group or class to such county
service, such transferred employee shall, if on the day
immediately prior to the date of such transfer he was a
contributor and participant in the annuity and benefit fund
or retirement system in operation in such other "Governmental
Unit" for employees of such Unit, immediately upon such
transfer be deemed a participant and contributor to the fund
created by this Article.
(Source: P.A. 83-869; revised 8-8-97.)
(40 ILCS 5/9-167) (from Ch. 108 1/2, par. 9-167)
Sec. 9-167. Refund - In lieu of annuity. In lieu of an
annuity, an employee who withdraws after age 60, having
annuity rights based on a credit of not more than 10 years of
service, or an employee who withdraws and whose annuity would
amount to less than $150 a month for life, or a former
employee who is receiving an annuity from the Fund of less
than $150 per month, regardless of his date of withdrawal
from service, may elect to receive a refund of the total sum
accumulated to his credit from employee contributions for
annuity purposes, minus any amounts previously paid to him by
the Fund.
The widow of any employee, eligible for annuity upon the
death of her husband, whose annuity would amount to less than
$150 a month for life, and any widow receiving an annuity of
less than $150 per month, may, in lieu of a widow's annuity,
elect to receive a refund of the accumulated contributions
for annuity purposes, based on the amounts contributed by her
deceased employee husband, but reduced by any amounts
theretofore paid to either the widow or the employee in the
form of an annuity or refund out of such accumulated
contributions.
Accumulated contributions shall mean the amounts
including interest credited thereon contributed by the
employee for age and service and widow's annuity to the date
of his withdrawal or death, whichever first occurs, including
the accumulations from any amounts contributed for him as
salary deductions while receiving duty disability benefits,
and if not otherwise included any accumulations from sums
contributed by him and applied to any pension fund superseded
by this fund, and interest credited thereon in accordance
with the other provisions of this Article.
The acceptance of such refund in lieu of widow's annuity,
on the part of a widow, shall not deprive a child or children
of the right to receive a child's annuity as provided for in
Sections Sec. 9-154 and 9-155 of this Article, and neither
shall the payment of child's annuity in the case of such
refund to a widow reduce the amount herein set forth as
refundable to such widow electing a refund in lieu of widow's
annuity.
(Source: P.A. 83-1362; revised 8-8-97.)
(40 ILCS 5/9-170.1) (from Ch. 108 1/2, par. 9-170.1)
Sec. 9-170.1. From and after January 1, 1970 any
employee who is credited with 35 or more years of
contributing service may elect to discontinue the salary
deductions for all annuities as specified in Sections Section
9-133, 9-170, and 9-176. Upon such election the annuity for
the employee and his wife or widow is fixed and determined as
of the date of such discontinuance. No increase in annuity
for the employee or his wife or widow accrues thereafter
while he is in service. This election shall be in writing to
the Retirement Board at least 60 days before the date the
salary deductions cease.
(Source: P.A. 87-794; revised 8-8-97.)
(40 ILCS 5/9-177) (from Ch. 108 1/2, par. 9-177)
Sec. 9-177. Additional contributions for widow's annuity
for widows of present employees, future entrants and
re-entrants. In addition to the contributions to be made by
each employee and by the county for widow's annuity as herein
provided additional contributions shall be made as follows:
(a) Beginning September 1, 1935, 1% of each payment of
salary, not in excess of $3,000 a year, of each present
employee described in subdivision (b) of Section Sec. 9-109,
and of each future entrant and re-entrant described in
subdivision (d) or (e) of Section 9-110.
(b) Concurrently with each deduction from salary, the
county shall contribute a sum equal to 1 3/4% of each payment
of salary, not in excess of $3,000 a year.
(Source: Laws 1963, p. 161; revised 8-8-97.)
(40 ILCS 5/9-179.2) (from Ch. 108 1/2, par. 9-179.2)
Sec. 9-179.2. Other governmental service-Former County
Service. Any employee who has rendered service to any
"governmental unit" as such term is defined in the
"Retirement Systems Reciprocal Act" under Article 20 of the
Illinois Pension Code, who did not contribute to the
retirement system of such "governmental unit", including the
retirement system created by this Article 9 of the Illinois
Pension code, for such service because of ineligibility for
participation and has no equity or rights in such retirement
system because of such service shall be given credit for such
service in this fund, provided:
(a) The employee shall pay to this fund, while in the
service of such county, or while in the service of a
governmental unit whose retirement system has adopted the
"Retirement Systems Reciprocal Act", such amounts, including
interest at the effective rate, as he would have paid to this
fund, on the basis of his salary in effect during the service
rendered to such other "governmental unit" at the rates
prescribed in Section 9 of this Article 9 for the periods of
such service to the end that such service shall be considered
as service rendered to such county, with all the rights and
conditions attaching to such service and payments; and (b)
this Section shall not be applicable to any period of such
service for which the employee retains credit in any other
public annuity and benefit fund established by Act of the
Legislature of this State and in operation for employees of
such other "governmental unit" from which such employee was
transferred.
(Source: P.A. 77-1220; revised 12-18-97.)
(40 ILCS 5/9-182) (from Ch. 108 1/2, par. 9-182)
Sec. 9-182. Contributions by county for prior service
annuities and pensions under former acts.
(a) The county, State or federal contributions herein
authorized in Section Article 9-169 shall be applied first
for the purposes of this Article 9 other than those stated in
this Section.
The balance of the sum produced from such contributions
shall be applied for the following purposes:
1. "An Act to provide for the formation and
disbursement of a pension fund in counties having a
population of 150,000 or more inhabitants, for the
benefit of officers and employees in the service of such
counties", approved June 29, 1915, as amended;
2. Section 9-225 of this Article;
3. To meet such part of any minimum annuity as
shall be in excess of the age and service annuity and
prior service annuity, and to meet such part of any
minimum widow's annuity in excess of the amount of
widow's annuity and widow's prior service annuity also
for the purpose of providing the county cost of automatic
increases in annuity after retirement in accordance with
Section 9-133 and for any other purpose for which moneys
are not otherwise provided in this Article;
4. To provide a sufficient balance in the
investment and interest reserve to permit a transfer from
that reserve to other reserves of the fund;
5. To credit to the county contribution reserve
such amounts required from the county but not contributed
by it for age and service and prior service annuities,
and widows' and widows' prior service annuities.
(b) All such contributions shall be credited to the
prior service annuity reserve. When the balance of this
reserve equals its liabilities (including in addition to all
other liabilities, the present values of all annuities,
present or prospective, according to the applicable mortality
tables and rates of interest), the county shall cease to
contribute the sum stated in this Section. Whenever the
balance of the investment and interest reserve is not
sufficient to permit a transfer from that reserve to any
other reserve, the county shall contribute sums sufficient to
make possible such transfer; provided, that if annexation of
territory and the employment by the county of any county
employee of any such territory at the time of annexation,
after the county has ceased to contribute as herein provided
results in additional liabilities for prior service annuity
and widow's prior service annuity for any such employee,
contributions by the county for such purposes shall be
resumed.
(Source: P. A. 78-656; revised 8-8-97.)
(40 ILCS 5/11-167) (from Ch. 108 1/2, par. 11-167)
Sec. 11-167. Refunds in lieu of annuity. In lieu of an
annuity, an employee who withdraws, and whose annuity would
amount to less than $300 a month for life may elect to
receive a refund of the total sum accumulated to his credit
from employee contributions for annuity purposes.
The widow of any employee, eligible for annuity upon the
death of her husband, whose annuity would amount to less than
$300 a month for life, may, in lieu of a widow's annuity,
elect to receive a refund of the accumulated contributions
for annuity purposes, based on the amounts contributed by her
deceased employee husband, but reduced by any amounts
theretofore paid to him in the form of an annuity or refund
out of such accumulated contributions.
Accumulated contributions shall mean the amounts
including interest credited thereon contributed by the
employee for age and service and widow's annuity to the date
of his withdrawal or death, whichever first occurs, and
including the accumulations from any amounts contributed for
him as salary deductions while receiving duty disability
benefits; provided that such amounts contributed by the city
after December 31, 1983 while the employee is receiving duty
disability benefits shall not be included.
The acceptance of such refund in of lieu of widow's
annuity, on the part of a widow, shall not deprive a child or
children of the right to receive a child's annuity as
provided for in Sections 11-153 and 11-154 of this Article,
and neither shall the payment of a child's annuity in the
case of such refund to a widow reduce the amount herein set
forth as refundable to such widow electing a refund in lieu
of widow's annuity.
(Source: P.A. 86-1488; revised 12-18-97.)
(40 ILCS 5/11-221.1) (from Ch. 108 1/2, par. 11-221.1)
Sec. 11-221.1. Right of employees to contribute for
certain other service. Any employee in the service, after
having made contributions covering a period of 10 ten or more
years to the annuity and benefit fund herein provided for,
may elect to pay for and receive credit for all annuity
purposes for service theretofore rendered by the employee him
to the Chicago Transit Authority created by the "Metropolitan
Transit Authority Act", approved April 12, 1945, as amended;
provided, that if the such employee has more than 10 ten
years of such service, only the last 10 ten years of such
service shall be credited. Such service credit may be paid
for and granted on the same basis and conditions as are
applicable in the case of employees who make payment for past
service under the provisions of Section the immediately
preceding Sec. 11-221, but on the assumption that the such
employee's salary throughout all of his or her service with
the such Authority was at the rate of the employee's his
salary at the date of his or her entrance into the service as
an employee. In no event, however, shall such service be
credited if the such employee has not forfeited and
relinquished pension credit for service covering such period
under any pension or retirement plan applicable to the such
Authority and instituted and maintained by the such Authority
for the benefit of its employees.
(Source: P. A. 77-1761; revised 8-8-97.)
(40 ILCS 5/12-124) (from Ch. 108 1/2, par. 12-124)
Sec. 12-124. Fixation of service annuity, prior service
annuity or surviving spouse's annuity; limitation on
reversionary annuity.
"Fixation of annuity": As applied to a service annuity
or prior service annuity or a surviving spouse's spouses's
annuity, the final determination of the such annuity at the
date of retirement.
A reversionary annuity calculated after January 1, 1990
may not be more than 75% of the service annuity granted to
the employee annuitant on the date of retirement unless the
minimum annuity to the surviving spouse payable under Section
12-135.1 exceeds the 75% maximum payable, in which case the
minimum will be payable.
(Source: P.A. 86-272; 87-1265; revised 7-17-97.)
(40 ILCS 5/14-103.13) (from Ch. 108 1/2, par. 14-103.13)
Sec. 14-103.13. Membership service. "Membership
service": Service rendered while a member of the System for
which credit is allowable under this Article, and for persons
entering service on or after January 1, 1984, or after July
1, 1982 in the case of an emergency or temporary employee as
defined in Sections 8b.8 and 8b.9 8b8 and 8b9 of the
"Personnel Code", service rendered as an employee before
becoming a member, if credit for such service is received
pursuant to Section 14-104.5.
(Source: P.A. 83-430; revised 8-8-97.)
(40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
Sec. 14-104. Service for which contributions permitted.
Contributions provided for in this Section shall cover the
period of service granted, and be based upon employee's
compensation and contribution rate in effect on the date he
last became a member of the System; provided that for all
employment prior to January 1, 1969 the contribution rate
shall be that in effect for a noncovered employee on the date
he last became a member of the System. Contributions
permitted under this Section shall include regular interest
from the date an employee last became a member of the System
to date of payment.
These contributions must be paid in full before
retirement either in a lump sum or in installment payments in
accordance with such rules as may be adopted by the board.
(a) Any member may make contributions as required in
this Section for any period of service, subsequent to the
date of establishment, but prior to the date of membership.
(b) Any employee who had been previously excluded from
membership because of age at entry and subsequently became
eligible may elect to make contributions as required in this
Section for the period of service during which he was
ineligible.
(c) An employee of the Department of Insurance who,
after January 1, 1944 but prior to becoming eligible for
membership, received salary from funds of insurance companies
in the process of rehabilitation, liquidation, conservation
or dissolution, may elect to make contributions as required
in this Section for such service.
(d) Any employee who rendered service in a State office
to which he was elected, or rendered service in the elective
office of Clerk of the Appellate Court prior to the date he
became a member, may make contributions for such service as
required in this Section. Any member who served by
appointment of the Governor under the Civil Administrative
Code of Illinois and did not participate in this System may
make contributions as required in this Section for such
service.
(e) Any person employed by the United States government
or any instrumentality or agency thereof from January 1, 1942
through November 15, 1946 as the result of a transfer from
State service by executive order of the President of the
United States shall be entitled to prior service credit
covering the period from January 1, 1942 through December 31,
1943 as provided for in this Article and to membership
service credit for the period from January 1, 1944 through
November 15, 1946 by making the contributions required in
this Section. A person so employed on January 1, 1944 but
whose employment began after January 1, 1942 may qualify for
prior service and membership service credit under the same
conditions.
(f) An employee of the Department of Labor of the State
of Illinois who performed services for and under the
supervision of that Department prior to January 1, 1944 but
who was compensated for those services directly by federal
funds and not by a warrant of the Auditor of Public Accounts
paid by the State Treasurer may establish credit for such
employment by making the contributions required in this
Section. An employee of the Department of Agriculture of the
State of Illinois, who performed services for and under the
supervision of that Department prior to June 1, 1963, but was
compensated for those services directly by federal funds and
not paid by a warrant of the Auditor of Public Accounts paid
by the State Treasurer, and who did not contribute to any
other public employee retirement system for such service, may
establish credit for such employment by making the
contributions required in this Section.
(g) Any employee who executed a waiver of membership
within 60 days prior to January 1, 1944 may, at any time
while in the service of a department, file with the board a
rescission of such waiver. Upon making the contributions
required by this Section, the member shall be granted the
creditable service that would have been received if the
waiver had not been executed.
(h) Until May 1, 1990, an employee who was employed on a
full-time basis by a regional planning commission for at
least 5 continuous years may establish creditable service for
such employment by making the contributions required under
this Section, provided that any credits earned by the
employee in the commission's retirement plan have been
terminated.
(i) Any person who rendered full time contractual
services to the General Assembly as a member of a legislative
staff may establish service credit for up to 8 years of such
services by making the contributions required under this
Section, provided that application therefor is made not later
than July 1, 1991.
(j) By paying the contributions otherwise required under
this Section, plus an amount determined by the Board to be
equal to the employer's normal cost of the benefit plus
interest, an employee may establish service credit for a
period of up to 2 years spent in active military service for
which he does not qualify for credit under Section 14-105,
provided that (1) he was not dishonorably discharged from
such military service, and (2) the amount of service credit
established by a member under this subsection (j), when added
to the amount of military service credit granted to the
member under subsection (b) of Section 14-105, shall not
exceed 5 years.
(k) An employee who was employed on a full-time basis by
the Illinois State's Attorneys Association Statewide
Appellate Assistance Service LEAA-ILEC grant project prior to
the time that project became the State's Attorneys Appellate
Service Commission, now the Office of the State's Attorneys
Appellate Prosecutor, an agency of State government, may
establish creditable service for not more than 60 months
service for such employment by making contributions required
under this Section.
(l) By paying the contributions otherwise required under
this Section, plus an amount determined by the Board to be
equal to the employer's normal cost of the benefit plus
interest, a member may establish service credit for periods
of less than one year spent on authorized leave of absence
from service, provided that (1) the period of leave began on
or after January 1, 1982 and (2) any credit established by
the member for the period of leave in any other public
employee retirement system has been terminated. A member may
establish service credit under this subsection for more than
one period of authorized leave, and in that case the total
period of service credit established by the member under this
subsection may exceed one year.
(m) (l) Any person who rendered contractual services to
a member of the General Assembly as a worker in the member's
district office may establish creditable service for up to 3
years of those contractual services by making the
contributions required under this Section. The System shall
determine a full-time salary equivalent for the purpose of
calculating the required contribution. To establish credit
under this subsection, the applicant must apply to the System
by March 1, 1998.
(n) (l) Any person who rendered contractual services to
a member of the General Assembly as a worker providing
constituent services to persons in the member's district may
establish creditable service for up to 8 years of those
contractual services by making the contributions required
under this Section. The System shall determine a full-time
salary equivalent for the purpose of calculating the required
contribution. To establish credit under this subsection, the
applicant must apply to the System by March 1, 1998.
(Source: P.A. 90-32, eff. 6-27-97; 90-448, eff. 8-16-97;
90-511, eff. 8-22-97; revised 9-5-97.)
(40 ILCS 5/14-104.5) (from Ch. 108 1/2, par. 14-104.5)
Sec. 14-104.5. A member who enters service on or after
January 1, 1984, or after July 1, 1982 as an emergency or
temporary employee, as defined in Sections 8b.8 and 8b.9 8b8
and 8b9 of the "Personnel Code", may receive membership
service credit for periods of employment during which he or
she was an employee but not a member by making contributions
for such periods based on his or her compensation and the
contribution rate in effect when he or she last became a
member of the System, plus regular interest thereon to the
date of payment unless such payment is made within the first
6 months after becoming a member or prior to July 1, 1984.
(Source: P.A. 83-430; revised 8-8-97.)
(40 ILCS 5/14-104.10)
Sec. 14-104.10. Federal or out-of-state employment. A
contributing employee may establish additional service credit
for periods of full-time employment by the federal government
or a unit of state or local government located outside
Illinois for which he or she does not qualify for credit
under any other provision of this Article, provided that (i)
the amount of service credit established by a person under
this Section shall not exceed 8 years or 40% of his or her
membership service under this Article, whichever is less,
(ii) the amount of service credit established by a person
under this Section for federal employment, when added to the
amount of all military service credit granted to the person
under this Article, shall not exceed 8 years, and (iii) any
credit received for the federal or out-of-state employment in
any federal or other public employee pension fund or
retirement system has been terminated or relinquished.
Credit may not be established under this Section for any
period of military service or for any period for which credit
has been or may be established under Section 14-110 or any
other provision of this Article.
In order to establish service credit under this Section,
the applicant must submit a written application to the System
by June 30, 1998, including documentation of the federal or
out-of-state employment satisfactory to the Board, and pay to
the System (1) employee contributions at the rates provided
in this Article based upon the person's salary on the last
day as a participating employee prior to the federal or
out-of-state employment, or on the first day as a
participating employee after that employment, whichever is
greater, plus (2) an amount determined by the Board to be
equal to the employer's normal cost of the benefits accrued
for that employment, plus (3) regular interest on items (1)
and (2) from the date of conclusion of the employment to the
date of payment.
(Source: P.A. 90-32, eff. 6-27-97.)
(40 ILCS 5/14-104.11)
Sec. 14-104.11. 14-104.10. Illinois Development Finance
Authority. An employee may establish creditable service for
periods prior to the date upon which the Illinois Development
Finance Authority first becomes a department (as defined in
Section 14-103.04) during which he or she was employed by the
Illinois Development Finance Authority or the Illinois
Industrial Development Authority, by applying in writing and
paying to the System an amount equal to (i) employee
contributions for the period for which credit is being
established, based upon the employee's compensation and the
applicable contribution rate in effect on the date he or she
last became a member of the System, plus (ii) the employer's
normal cost of the credit established, plus (iii) interest on
the amounts in items (i) and (ii) at the rate of 2.5% per
year, compounded annually, from the date the applicant last
became a member of the System to the date of payment. This
payment must be paid in full before retirement, either in a
lump sum or in installment payments in accordance with the
rules of the Board.
(Source: P.A. 90-511, eff. 8-22-97; revised 10-20-97.)
(40 ILCS 5/14-108) (from Ch. 108 1/2, par. 14-108)
Sec. 14-108. Amount of retirement annuity. A member who
has contributed to the System for at least 12 months shall be
entitled to a prior service annuity for each year of
certified prior service credited to him, except that a member
shall receive 1/3 of the prior service annuity for each year
of service for which contributions have been made and all of
such annuity shall be payable after the member has made
contributions for a period of 3 years. Proportionate amounts
shall be payable for service of less than a full year after
completion of at least 12 months.
The total period of service to be considered in
establishing the measure of prior service annuity shall
include service credited in the Teachers' Retirement System
of the State of Illinois and the State Universities
Retirement System for which contributions have been made by
the member to such systems; provided that at least 1 year of
the total period of 3 years prescribed for the allowance of a
full measure of prior service annuity shall consist of
membership service in this system for which credit has been
granted.
(a) In the case of a member who retires on or after
January 1, 1998 and is a noncovered employee, the retirement
annuity for membership service and prior service shall be
2.2% of final average compensation for each year of service.
Any service credit established as a covered employee shall be
computed as stated in paragraph (b).
(b) In the case of a member who retires on or after
January 1, 1998 and is a covered employee, the retirement
annuity for membership service and prior service shall be
computed as stated in paragraph (a) for all service credit
established as a noncovered employee; for service credit
established as a covered employee it shall be 1.67% of final
average compensation for each year of service.
(c) For a member with 30 but less than 35 years of
creditable service retiring after attaining age 55 but before
age 60, the retirement annuity shall be reduced by 1/2 of 1%
for each month that the member's age is under age 60 at the
time of retirement.
(d) A retirement annuity shall not exceed 75% of final
average compensation, subject to such extension as may result
from the application of Section 14-114 or Section 14-115.
(e) The retirement annuity payable to any covered
employee who is a member of the System and in service on
January 1, 1969, or in service thereafter in 1969 as a result
of legislation enacted by the Illinois General Assembly
transferring the member to State employment from county
employment in a county Department of Public Aid in counties
of 3,000,000 or more population, under a plan of coordination
with the Old Age, Survivors and Disability provisions
thereof, if not fully insured for Old Age Insurance payments
under the Federal Old Age, Survivors and Disability Insurance
provisions at the date of acceptance of a retirement annuity,
shall not be less than the amount for which the member would
have been eligible if coordination were not applicable.
(f) The retirement annuity payable to any covered
employee who is a member of the System and in service on
January 1, 1969, or in service thereafter in 1969 as a result
of the legislation designated in the immediately preceding
paragraph, if fully insured for Old Age Insurance payments
under the Federal Social Security Act at the date of
acceptance of a retirement annuity, shall not be less than an
amount which when added to the Primary Insurance Benefit
payable to the member upon attainment of age 65 under such
Federal Act, will equal the annuity which would otherwise be
payable if the coordinated plan of coverage were not
applicable.
(g) In the case of a member who is a noncovered
employee, the retirement annuity for membership service as a
security employee of the Department of Corrections or
security employee of the Department of Human Services shall
be 1.9% of final average compensation for each of the first
10 years of service; 2.1% for each of the next 10 years of
service; 2.25% for each year of service in excess of 20 but
not exceeding 30; and 2.5% for each year in excess of 30;
except that the annuity may be calculated under subsection
(a) rather than this subsection (g) if the resulting annuity
is greater.
(h) In the case of a member who is a covered employee,
the retirement annuity for membership service as a security
employee of the Department of Corrections or security
employee of the Department of Human Services shall be 1.67%
of final average compensation for each of the first 10 years
of service; 1.90% for each of the next 10 years of service;
2.10% for each year of service in excess of 20 but not
exceeding 30; and 2.30% for each year in excess of 30.
(i) For the purposes of this Section and Section 14-133
of this Act, the term "security employee of the Department of
Corrections" and the term "security employee of the
Department of Human Services" shall have the meanings
ascribed to them in subsection (c) of Section 14-110.
(j) The retirement annuity computed pursuant to
paragraphs (g) or (h) shall be applicable only to those
security employees of the Department of Corrections and
security employees of the Department of Human Services who
have at least 20 years of membership service and who are not
eligible for the alternative retirement annuity provided
under Section 14-110. However, persons transferring to this
System under Section 14-108.2 who have service credit under
Article 16 of this Code may count such service toward
establishing their eligibility under the 20-year service
requirement of this subsection; but such service may be used
only for establishing such eligibility, and not for the
purpose of increasing or calculating any benefit.
(k) (Blank).
(l) The changes to this Section made by this amendatory
Act of 1997 (changing certain retirement annuity formulas
from a stepped rate to a flat rate) apply to members who
retire on or after January 1, 1998, without regard to whether
employment terminated before the effective date of this
amendatory Act of 1997. An annuity shall not be calculated
in steps by using the new flat rate for some steps and the
superseded stepped rate for other steps of the same type of
service.
(Source: P.A. 89-507, eff. 7-1-97; 90-65, eff. 7-7-97;
90-448, eff. 8-16-97; revised 11-17-97.)
(40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
Sec. 15-106. Employer. "Employer": The University of
Illinois, Southern Illinois University, Chicago State
University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois
University, Northern Illinois University, Western Illinois
University, the State Board of Higher Education, the Illinois
Mathematics and Science Academy, the State Geological Survey
Division of the Department of Natural Resources, the State
Natural History Survey Division of the Department of Natural
Resources, the State Water Survey Division of the Department
of Natural Resources, the Waste Management and Research
Center of the Department of Natural Resources, the University
Civil Service Merit Board, the Board of Trustees of the State
Universities Retirement System, the Illinois Community
College Board, State Community College of East St. Louis,
community college boards, any association of community
college boards organized under Section 3-55 of the Public
Community College Act, the Board of Examiners established
under the Illinois Public Accounting Act, and, only during
the period for which employer contributions required under
Section 15-155 are paid, the following organizations: the
alumni associations, the foundations and the athletic
associations which are affiliated with the universities and
colleges included in this Section as employers. A department
as defined in Section 14-103.04 is an employer for any person
appointed by the Governor under the Civil Administrative Code
of Illinois who is a participating employee as defined in
Section 15-109.
(Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96; 90-490,
eff. 8-17-97; 90-511, eff. 8-22-97; revised 11-17-97.)
(40 ILCS 5/15-134) (from Ch. 108 1/2, par. 15-134)
Sec. 15-134. Participant.
(a) Each person shall, as a condition of employment,
become a participant and be subject to this Article on the
date that he or she becomes an employee, makes an election to
participate in, or otherwise becomes a participant in one of
the retirement programs offered under this Article, whichever
date is later.
An employee who becomes a participant shall continue to
be a participant until he or she becomes an annuitant, dies
or accepts a refund of contributions, except that a person
shall not be deemed a participant while participating in an
optional program for part-time workers established under
Section 15-158.1.
(b) A person employed concurrently by 2 or more
employers is eligible to participate in the system on
compensation received from all employers.
(Source: P.A. 89-430, eff. 12-15-95; 90-65, eff. 7-7-97;
90-448, eff. 8-16-97; revised 11-17-97.)
(40 ILCS 5/15-136) (from Ch. 108 1/2, par. 15-136)
Sec. 15-136. Retirement annuities - Amount.
(a) The amount of the retirement annuity shall be
determined by whichever of the following rules is applicable
and provides the largest annuity:
Rule 1: The retirement annuity shall be 1.67% of final
rate of earnings for each of the first 10 years of service,
1.90% for each of the next 10 years of service, 2.10% for
each year of service in excess of 20 but not exceeding 30,
and 2.30% for each year in excess of 30; or for persons who
retire on or after January 1, 1998, 2.2% of the final rate of
earnings for each year of service. However, except that the
annuity for those persons having made an election under
Section 15-154(a-1) shall be calculated and payable under the
portable retirement benefit program pursuant to the
provisions of Section 15-136.4.
Rule 2: The retirement annuity shall be the sum of the
following, determined from amounts credited to the
participant in accordance with the actuarial tables and the
prescribed rate of interest in effect at the time the
retirement annuity begins:
(i) The normal annuity which can be provided on an
actuarially equivalent basis, by the accumulated normal
contributions as of the date the annuity begins; and
(ii) an annuity from employer contributions of an
amount which can be provided on an actuarially equivalent
basis from the accumulated normal contributions made by
the participant under Section 15-113.6 and Section
15-113.7 plus 1.4 times all other accumulated normal
contributions made by the participant, except that the
annuity for those persons having made an election under
Section 15-154(a-1) shall be calculated and payable under
the portable retirement benefit program pursuant to the
provisions of Section 15-136.4.
Rule 3: The retirement annuity of a participant who is
employed at least one-half time during the period on which
his or her final rate of earnings is based, shall be equal to
the participant's years of service not to exceed 30,
multiplied by (1) $96 if the participant's final rate of
earnings is less than $3,500, (2) $108 if the final rate of
earnings is at least $3,500 but less than $4,500, (3) $120 if
the final rate of earnings is at least $4,500 but less than
$5,500, (4) $132 if the final rate of earnings is at least
$5,500 but less than $6,500, (5) $144 if the final rate of
earnings is at least $6,500 but less than $7,500, (6) $156 if
the final rate of earnings is at least $7,500 but less than
$8,500, (7) $168 if the final rate of earnings is at least
$8,500 but less than $9,500, and (8) $180 if the final rate
of earnings is $9,500 or more, except that the annuity for
those persons having made an election under Section
15-154(a-1) shall be calculated and payable under the
portable retirement benefit program pursuant to the
provisions of Section 15-136.4.
Rule 4: A participant who is at least age 50 and has 25
or more years of service as a police officer or firefighter,
and a participant who is age 55 or over and has at least 20
but less than 25 years of service as a police officer or
firefighter, shall be entitled to a retirement annuity of 2
1/4% of the final rate of earnings for each of the first 10
years of service as a police officer or firefighter, 2 1/2%
for each of the next 10 years of service as a police officer
or firefighter, and 2 3/4% for each year of service as a
police officer or firefighter in excess of 20, except that
the annuity for those persons having made an election under
Section 15-154(a-1) shall be calculated and payable under the
portable retirement benefit program pursuant to the
provisions of Section 15-136.4. The retirement annuity for
all other service shall be computed under Rule 1, payable
under the portable retirement benefit program pursuant to the
provisions of Section 15-136.4, if applicable.
(b) The retirement annuity provided under Rules 1 and 3
above shall be reduced by 1/2 of 1% for each month the
participant is under age 60 at the time of retirement.
However, this reduction shall not apply in the following
cases:
(1) For a disabled participant whose disability
benefits have been discontinued because he or she has
exhausted eligibility for disability benefits under
clause (6) of Section 15-152;
(2) For a participant who has at least the number
of years of service required to retire at any age under
subsection (a) of Section 15-135; or
(3) For that portion of a retirement annuity which
has been provided on account of service of the
participant during periods when he or she performed the
duties of a police officer or firefighter, if these
duties were performed for at least 5 years immediately
preceding the date the retirement annuity is to begin.
(c) The maximum retirement annuity provided under Rules
1, 2, and 4 shall be the lesser of (1) the annual limit of
benefits as specified in Section 415 of the Internal Revenue
Code of 1986, as such Section may be amended from time to
time and as such benefit limits shall be adjusted by the
Commissioner of Internal Revenue, and (2) 80% of final rate
of earnings.
(d) An annuitant whose status as an employee terminates
after August 14, 1969 shall receive automatic increases in
his or her retirement annuity as follows:
Effective January 1 immediately following the date the
retirement annuity begins, the annuitant shall receive an
increase in his or her monthly retirement annuity of 0.125%
of the monthly retirement annuity provided under Rule 1, Rule
2, Rule 3, or Rule 4, contained in this Section, multiplied
by the number of full months which elapsed from the date the
retirement annuity payments began to January 1, 1972, plus
0.1667% of such annuity, multiplied by the number of full
months which elapsed from January 1, 1972, or the date the
retirement annuity payments began, whichever is later, to
January 1, 1978, plus 0.25% of such annuity multiplied by the
number of full months which elapsed from January 1, 1978, or
the date the retirement annuity payments began, whichever is
later, to the effective date of the increase.
The annuitant shall receive an increase in his or her
monthly retirement annuity on each January 1 thereafter
during the annuitant's life of 3% of the monthly annuity
provided under Rule 1, Rule 2, Rule 3, or Rule 4 contained in
this Section. The change made under this subsection by P.A.
81-970 is effective January 1, 1980 and applies to each
annuitant whose status as an employee terminates before or
after that date.
Beginning January 1, 1990, all automatic annual increases
payable under this Section shall be calculated as a
percentage of the total annuity payable at the time of the
increase, including all increases previously granted under
this Article.
The change made in this subsection by P.A. 85-1008 is
effective January 26, 1988, and is applicable without regard
to whether status as an employee terminated before that date.
(e) If, on January 1, 1987, or the date the retirement
annuity payment period begins, whichever is later, the sum of
the retirement annuity provided under Rule 1 or Rule 2 of
this Section and the automatic annual increases provided
under the preceding subsection or Section 15-136.1, amounts
to less than the retirement annuity which would be provided
by Rule 3, the retirement annuity shall be increased as of
January 1, 1987, or the date the retirement annuity payment
period begins, whichever is later, to the amount which would
be provided by Rule 3 of this Section. Such increased amount
shall be considered as the retirement annuity in determining
benefits provided under other Sections of this Article. This
paragraph applies without regard to whether status as an
employee terminated before the effective date of this
amendatory Act of 1987, provided that the annuitant was
employed at least one-half time during the period on which
the final rate of earnings was based.
(f) A participant is entitled to such additional annuity
as may be provided on an actuarially equivalent basis, by any
accumulated additional contributions to his or her credit.
However, the additional contributions made by the participant
toward the automatic increases in annuity provided under this
Section shall not be taken into account in determining the
amount of such additional annuity.
(g) If, (1) by law, a function of a governmental unit,
as defined by Section 20-107 of this Code, is transferred in
whole or in part to an employer, and (2) a participant
transfers employment from such governmental unit to such
employer within 6 months after the transfer of the function,
and (3) the sum of (A) the annuity payable to the participant
under Rule 1, 2, or 3 of this Section (B) all proportional
annuities payable to the participant by all other retirement
systems covered by Article 20, and (C) the initial primary
insurance amount to which the participant is entitled under
the Social Security Act, is less than the retirement annuity
which would have been payable if all of the participant's
pension credits validated under Section 20-109 had been
validated under this system, a supplemental annuity equal to
the difference in such amounts shall be payable to the
participant.
(h) On January 1, 1981, an annuitant who was receiving a
retirement annuity on or before January 1, 1971 shall have
his or her retirement annuity then being paid increased $1
per month for each year of creditable service. On January 1,
1982, an annuitant whose retirement annuity began on or
before January 1, 1977, shall have his or her retirement
annuity then being paid increased $1 per month for each year
of creditable service.
(i) On January 1, 1987, any annuitant whose retirement
annuity began on or before January 1, 1977, shall have the
monthly retirement annuity increased by an amount equal to 8¢
per year of creditable service times the number of years that
have elapsed since the annuity began.
(Source: P.A. 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
eff. 8-16-97; revised 8-21-97.)
(40 ILCS 5/15-157) (from Ch. 108 1/2, par. 15-157)
Sec. 15-157. Employee Contributions.
(a) Each participating employee shall make contributions
towards the retirement annuity of each payment of earnings
applicable to employment under this system on and after the
date of becoming a participant as follows: Prior to
September 1, 1949, 3 1/2% of earnings; from September 1, 1949
to August 31, 1955, 5%; from September 1, 1955 to August 31,
1969, 6%; from September 1, 1969, 6 1/2%. These
contributions are to be considered as normal contributions
for purposes of this Article.
Each participant who is a police officer or firefighter
shall make normal contributions of 8% of each payment of
earnings applicable to employment as a police officer or
firefighter under this system on or after September 1, 1981,
unless he or she files with the board within 60 days after
the effective date of this amendatory Act of 1991 or 60 days
after the board receives notice that he or she is employed as
a police officer or firefighter, whichever is later, a
written notice waiving the retirement formula provided by
Rule 4 of Section 15-136. This waiver shall be irrevocable.
If a participant had met the conditions set forth in Section
15-132.1 prior to the effective date of this amendatory Act
of 1991 but failed to make the additional normal
contributions required by this paragraph, he or she may elect
to pay the additional contributions plus compound interest at
the effective rate. If such payment is received by the
board, the service shall be considered as police officer
service in calculating the retirement annuity under Rule 4 of
Section 15-136.
(b) Starting September 1, 1969, each participating
employee shall make additional contributions of 1/2 of 1% of
earnings to finance a portion of the cost of the annual
increases in retirement annuity provided under Section
15-136.
(c) Each participating employee shall make additional
contributions of 1% of earnings applicable under this system
on and after August 1, 1959. The contribution made under
this subsection shall be used to finance survivors insurance
benefits, unless the participant has made an election under
Section 15-154(a-1), in which case the contribution made
under this subsection shall be used to finance the benefits
obtained under that election. Contributions in excess of $80
during any fiscal year beginning before August 31, 1969 and
in excess of $120 during any fiscal year thereafter until
September 1, 1971 shall be considered as additional
contributions for purposes of this Article.
(d) If the board by board rule so permits and subject to
such conditions and limitations as may be specified in its
rules, a participant may make other additional contributions
of such percentage of earnings or amounts as the participant
shall elect in a written notice thereof received by the
board.
(e) That fraction of a participant's total accumulated
normal contributions, the numerator of which is equal to the
number of years of service in excess of that which is
required to qualify for the maximum retirement annuity, and
the denominator of which is equal to the total service of the
participant, shall be considered as accumulated additional
contributions. The determination of the applicable maximum
annuity and the adjustment in contributions required by this
provision shall be made as of the date of the participant's
retirement.
(f) Notwithstanding the foregoing, a participating
employee shall not be required to make contributions under
this Section after the date upon which continuance of such
contributions would otherwise cause his or her retirement
annuity to exceed the maximum retirement annuity as specified
in clause (1) of subsection (c) of Section 15-136.
(g) A participating employee may make contributions for
the purchase of service credit under this Article.
(Source: P.A. 90-32, eff. 6-27-97; 90-65, eff. 7-7-97;
90-448, eff. 8-16-97; 90-511, eff. 8-22-97; revised
11-14-97.)
(40 ILCS 5/15-185) (from Ch. 108 1/2, par. 15-185)
Sec. 15-185. Annuities, etc., exempt. The accumulated
employee and employer contributions shall be held in trust
for each participant and annuitant, and this trust shall be
treated as a spendthrift trust. Except as provided in this
Article, all cash, securities and other property of this
system, all annuities and other benefits payable under this
Article and all accumulated credits of participants and
annuitants in this system and the right of any person to
receive an annuity or other benefit under this Article, or a
refund of contributions, shall not be subject to judgment,
execution, garnishment, attachment, or other seizure by
process, in bankruptcy or otherwise, nor to sale, pledge,
mortgage or other alienation, and shall not be assignable.
The board, however, may deduct from the benefits, refunds and
credits payable to the participant, annuitant or beneficiary,
amounts owed by the participant or annuitant to the system.
No attempted sale, transfer or assignment of any benefit,
refund or credit shall prevent the right of the board to make
the deduction and offset authorized in this Section. Any
participant or annuitant may authorize the board to deduct
from disability benefits or annuities, premiums due under any
group hospital-surgical insurance program which is sponsored
or approved by any employer; however, the deductions from
disability benefits may not begin prior to 6 months after the
disability occurs.
A person receiving an annuity or benefit under this
Article may also authorize withholding from that such
annuity or benefit for the purposes enumerated in and in
accordance with the provisions of the State Salary and
Annuity Withholding Act.
Public Act 86-273 This amendatory Act of 1989 is a
clarification of existing law and shall be applicable to
every participant and annuitant without regard to whether
status as an employee terminates before the effective date of
that this amendatory Act of 1989.
(Source: P.A. 90-65, eff. 7-7-97; 90-448, eff. 8-16-97;
90-511, eff. 8-22-97; revised 11-17-97.)
(40 ILCS 5/16-140) (from Ch. 108 1/2, par. 16-140)
Sec. 16-140. Survivors' benefits - definitions.
(a) For the purpose of Sections 16-138 through 16-143.2,
the following terms shall have the following meanings, unless
the context otherwise requires:
(1) "Average salary": the average salary for the
highest 4 consecutive years within the last 10 years of
creditable service immediately preceding date of death or
retirement, whichever is applicable, or the average
salary for the total creditable service if service is
less than 4 years.
(2) "Member": any teacher included in the
membership of the system. However, a teacher who becomes
an annuitant of the system or a teacher whose services
terminate after 20 years of service from any cause other
than retirement is considered a member, subject to the
conditions and limitations stated in this Article.
(3) "Dependent beneficiary": (A) a surviving spouse
of a member or annuitant who was married to the member or
annuitant for the 12 month period immediately preceding
and on the date of death of such member or annuitant,
except where a child is born of such marriage, in which
case the qualifying period shall not be applicable; (A-1)
a surviving spouse of a member or annuitant who (i) was
married to the member or annuitant on the date of the
member or annuitant's death, (ii) was married to the
member or annuitant for a period of at least 12 months
(but not necessarily the 12 months immediately preceding
the member or annuitant's death), (iii) first applied for
a survivor's benefit before April 1, 1997, and (iv) has
not received a benefit under subsection (a) of Section
16-141 or paragraph (1) of Section 16-142; (B) an
eligible child of a member or annuitant; and (C) a
dependent parent.
Unless otherwise designated by the member,
eligibility for benefits shall be in the order named,
except that a dependent parent shall be eligible only if
there is no other dependent beneficiary. Any benefit to
be received by or paid to a dependent beneficiary to be
determined under this paragraph as provided in Sections
16-141 and 16-142 may be received by or paid to a trust
established for such dependent beneficiary if such
dependent beneficiary is living at the time such benefit
would be received by or paid to such trust.
(4) "Eligible child": an unmarried natural or
adopted child of the member or annuitant under age 18
(age 22 if a full-time student). An unmarried natural or
adopted child, regardless of age, who is dependent by
reason of a physical or mental disability, except any
such child receiving benefits under Article III of the
Illinois Public Aid Code, is eligible for so long as such
physical or mental disability continues. An adopted
child, however, is eligible only if the proceedings for
adoption were finalized while the child was a minor.
For purposes of this subsection, "disability" means
an inability to engage in any substantial gainful
activity by reason of any medically determinable physical
or mental impairment which can be expected to result in
death or which has lasted or can be expected to last for
a continuous period of not less than 12 months.
The changes made to this Section by Public Act
90-448 this amendatory Act of 1997, relating to benefits
for certain unmarried children who are full-time students
under age 22, apply without regard to whether the
deceased member was in service on or after the effective
date of that this amendatory Act of 1997. These changes
do not authorize the repayment of a refund or a
re-election of benefits, and any benefit or increase in
benefits resulting from these changes is not payable
retroactively for any period before the effective date of
that this amendatory Act of 1997.
(5) "Dependent parent": a parent who was receiving
at least 1/2 of his or her support from a member or
annuitant for the 12-month period immediately preceding
and on the date of such member's or annuitant's death,
provided however, that such dependent status terminates
upon a member's acceptance of a refund for survivor
benefit contributions as provided under Section 16-142.
(6) "Non-dependent beneficiary": any person,
organization or other entity designated by the member who
does not qualify as a dependent beneficiary.
(7) "In service": the condition of a member being
in receipt of salary as a teacher at any time within 12
months immediately before his or her death, being on
leave of absence for which the member, upon return to
teaching, would be eligible to purchase service credit
under subsection (b)(5) of Section 16-127, or being in
receipt of a disability or occupational disability
benefit. This term does not include any annuitant or
member who previously accepted a refund of survivor
benefit contributions under paragraph (1) of Section
16-142 unless the conditions specified in subsection (b)
of Section 16-143.2 are met.
(b) The change to this Section made by Public Act 90-511
this amendatory Act of 1997 applies without regard to whether
the deceased member or annuitant was in service on or after
the effective date of that this amendatory Act.
(Source: P.A. 89-430, eff. 12-15-95; 90-448, eff. 8-16-97;
90-511, eff. 8-22-97; revised 11-17-97.)
(40 ILCS 5/17-116.6)
Sec. 17-116.6. Early retirement incentives.
(a) A teacher who is covered by a collective bargaining
agreement shall not be eligible for the early retirement
incentives provided under this Section unless the collective
bargaining agent and the Board of Education have entered into
an agreement under which the agent agrees that any payment
for accumulated unused sick days to which the employee is
entitled upon withdrawal from service may be paid by the
Board of Education in installments over a period of up to 5
years, and a copy of this agreement has been filed with the
Board of the Fund.
(b) To be eligible for the benefits provided in this
Section, a person must:
(1) be a member of this Fund who is a reserve
teacher as defined in Section 34-1.1 of the School Code;
(2) have not previously received a bachelor's or
more advanced degree from an accredited college or
university;
(3) have not previously received a retirement
pension under this Article;
(4) file with the Board and the Board of Education,
by the later of 60 days after the effective date of this
amendatory Act of 1993 or 60 days after becoming a
reserve teacher, but in no event later than December 31,
1995, a written application requesting the benefits
provided in this Section;
(5) be eligible to receive a retirement pension
under this Article (for which purpose any age enhancement
or creditable service received under this Section may be
used) and elect to receive the retirement pension
beginning no earlier than September 1, 1993, and no later
than 120 days after becoming a reserve teacher;
(6) have attained age 50 (without the use of any
age enhancement or creditable service received under this
Section) by the effective date of the retirement pension;
(7) have at least 5 years of creditable service
under this Fund or any of the participating systems under
the Retirement Systems Reciprocal Act (without the use of
any creditable service received under this Section) by
the effective date of the retirement pension.
(b) An eligible person may establish up to 5 years of
creditable service under this Section. In addition, for each
period of creditable service established under this Section,
a person's age at retirement shall be deemed to be increased
by an equal period.
The creditable service established under this Section may
be used for all purposes under this Article and the
Retirement Systems Reciprocal Act, except for the purposes of
Section 17-116.1, and the determination of average salary or
compensation under this or any other Article of this Code.
The age enhancement established under this Section may be
used for all purposes under this Article (including
calculation of a proportionate pension payable by this Fund
under the Retirement Systems Reciprocal Act), except for
purposes of the reversionary pension under Section 17-120,
and distributions required by federal law on account of age.
However, age enhancement established under this Section shall
not be used in determining benefits payable under other
Articles of this Code under the Retirement Systems Reciprocal
Act.
(c) For all creditable service established under this
Section, the employer must pay to the Fund an employer
contribution consisting of 12% of the member's highest annual
full-time rate of compensation for each year of creditable
service granted under this Section.
The employer contribution shall be paid to the Fund in
one of the following ways: (i) in a single sum at the time
of the member's retirement, (ii) in equal quarterly
installments over a period of 5 years from the date of
retirement, or (iii) subject to the approval of the Board of
the Fund, in unequal installments over a period of no more
than 5 years from the date of retirement, as provided in a
payment plan designed by the Fund to accommodate the needs of
the employer. The employer's failure to make the required
contributions in a timely manner shall not affect the payment
of the retirement pension.
For all creditable service established under this
Section, the employee must pay to the Fund an employee
contribution consisting of 4% of the member's highest annual
salary rate used in the determination of the retirement
pension for each year of creditable service granted under
this Section. The employee contribution shall be deducted
from the retirement annuity in 24 monthly installments.
(d) An annuitant who has received any age enhancement or
creditable service under this Section and whose pension is
suspended or cancelled under Section 17-149 or 17-150 shall
thereby forfeit the age enhancement and creditable service.
The forfeiture of creditable service under this subsection
shall not entitle the employer to a refund of the employer
contribution paid under this Section, nor to forgiveness of
any part of that contribution that remains unpaid. The
forfeiture of creditable service under this subsection shall
not entitle the employee to a refund of the employee
contribution paid under this Section.
(e) A member who receives any early retirement incentive
under Section 17-116.3, 17-116.4, or 17-116.5 may not receive
any early retirement incentive under this Section.
(Source: P.A. 88-511; revised 12-18-97.)
(40 ILCS 5/17-127) (from Ch. 108 1/2, par. 17-127)
Sec. 17-127. Financing; revenues for the Fund.
(a) The revenues for the Fund shall consist of: (1)
amounts paid into the Fund by contributors thereto and from
employer contributions and State appropriations in accordance
with this Article; (2) amounts contributed to the Fund by an
Employer; (3) amounts contributed to the Fund pursuant to any
law now in force or hereafter to be enacted; (4)
contributions from any other source; and (5) the earnings on
investments.
(b) The General Assembly finds that for many years the
State has contributed to the Fund an annual amount that is
between 20% and 30% of the amount of the annual State
contribution to the Article 16 retirement system, and the
General Assembly declares that it is its goal and intention
to continue this level of contribution to the Fund in the
future.
(Source: P.A. 90-548, eff. 12-4-97; 90-566, eff. 1-2-98;
revised 1-8-98.)
(40 ILCS 5/17-129) (from Ch. 108 1/2, par. 17-129)
Sec. 17-129. Employer contributions; deficiency in Fund.
(a) If in any fiscal year of the Board of Education
ending prior to 1997 the total amounts paid to the Fund from
the Board of Education (other than under this subsection, and
other than amounts used for making or "picking up"
contributions on behalf of teachers) and from the State do
not equal the total contributions made by or on behalf of the
teachers for such year, or if the total income of the Fund in
any such fiscal year of the Board of Education from all
sources is less than the total such expenditures by the Fund
for such year, the Board of Education shall, in the next
succeeding year, in addition to any other payment to the Fund
set apart and appropriate from moneys from its tax levy for
educational purposes, a sum sufficient to remove such
deficiency or deficiencies, and promptly pay such sum into
the Fund in order to restore any of the reserves of the Fund
that may have been so temporarily applied. Any amounts
received by the Fund after December 4, the effective date of
this amendatory Act of 1997 from State appropriations,
including under Section 17-127, shall be a credit against and
shall fully satisfy any obligation that may have arisen, or
be claimed to have arisen, under this subsection (a) as a
result of any deficiency or deficiencies in the fiscal year
of the Board of Education ending in calendar year 1997.
(b) (i) For fiscal years 2011 through 2045, the minimum
contribution to the Fund to be made by the Board of Education
in each fiscal year shall be an amount determined by the Fund
to be sufficient to bring the total assets of the Fund up to
90% of the total actuarial liabilities of the Fund by the end
of fiscal year 2045. In making these determinations, the
required Board of Education contribution shall be calculated
each year as a level percentage of the applicable employee
payrolls over the years remaining to and including fiscal
year 2045 and shall be determined under the projected unit
credit actuarial cost method.
(ii) For fiscal years 1999 through 2010, the Board of
Education's contribution to the Fund, as a percentage of the
applicable employee payroll, shall be increased in equal
annual increments so that by fiscal year 2011, the Board of
Education is contributing at the rate required under this
subsection.
(iii) Beginning in fiscal year 2046, the minimum Board
of Education contribution for each fiscal year shall be the
amount needed to maintain the total assets of the Fund at 90%
of the total actuarial liabilities of the Fund.
(iv) Notwithstanding the provisions of paragraphs (i),
(ii), and (iii) of this subsection (b), for any fiscal year
the contribution to the Fund from the Board of Education
shall not be required to be in excess of the amount
calculated as needed to maintain the assets (or cause the
assets to be) at the 90% level by the end of the fiscal year.
(v) Any contribution by the State to or for the benefit
of the Fund, including, without limitation, as referred to
under Section 17-127, shall be a credit against any
contribution required to be made by the Board of Education
under this subsection (b).
(c) The Board shall determine the amount of Board of
Education contributions required for each fiscal year on the
basis of the actuarial tables and other assumptions adopted
by the Board and the recommendations of the actuary, in order
to meet the minimum contribution requirements of subsections
(a) and (b). Annually, on or before February 28, the Board
shall certify to the Board of Education the amount of the
required Board of Education contribution for the coming
fiscal year. The certification shall include a copy of the
actuarial recommendations upon which it is based.
(Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 12-4-97;
90-566, eff. 1-2-98; revised 1-8-98.)
(40 ILCS 5/17-156.1) (from Ch. 108 1/2, par. 17-156.1)
Sec. 17-156.1. Increases to retired members. A teacher
who retired prior to September 1, 1959 on service retirement
pension who was at least 55 years of age at date of
retirement and had at least 20 years of validated service
shall be entitled to receive benefits under this Section.
These benefits shall be in an amount equal to 1-1/2% of
the total of (1) the initial service retirement pension plus
(2) any emeritus payment payable under Sections 34-86 and
34-87 of the School Code, approved March 18, 1961, as
amended, multiplied by the number of full years on pension.
This payment shall begin in January of 1970. An additional
1-1/2% shall be added in January of each year thereafter.
Beginning January 1, 1972 the rate of increase in the service
retirement pension each year shall be 2%. Beginning January
1, 1979, the rate of increase in the service retirement
pension each year shall be 3%. Beginning January 1, 1990, all
automatic annual increases payable under this Section shall
be calculated as a percentage of the total pension payable at
the time of the increase, including all increases previously
granted under this Article, notwithstanding Section 17-157.
A pensioner who otherwise qualifies for the aforesaid
benefit shall make a one-time payment of 1% of the final
monthly average salary multiplied by the number of completed
years of service forming the basis of his service retirement
pension or, if the pension was not computed according to
average salary as defined in Section Sec. 17-116, 1% of the
monthly base pension multiplied by each complete year of
service forming the basis of his service retirement pension.
Unless the pensioner rejects the benefits of this Section,
such sum shall be deducted from the pensioner's December 1969
pension check and shall not be refundable.
(Source: P.A. 86-273; revised 8-8-97.)
Section 49. The Central Midwest Radioactive Waste
Compact Act is amended by changing Section 1 as follows:
(45 ILCS 140/1) (from Ch. 127, par. 63v-1)
Sec. 1. The State of Illinois ratifies and approves the
following compact:
ARTICLE I. POLICY AND PURPOSE
There is created the Central Midwest Interstate Low-Level
Radioactive Waste Compact.
The states party to this compact recognize that the
Congress of the United States, by enacting the Low-Level
Radioactive Waste Policy Act (42 U.S.C. 2021), has provided
for and encouraged the development of low-level radioactive
waste compacts as a tool for managing such waste. The party
states also recognize that the management of low-level
radioactive waste is handled most efficiently on a regional
basis; and, that the safe and efficient management of
low-level radioactive waste generated within the region
requires that sufficient capacity to manage such waste be
properly provided.
a) It is the policy of the party states to enter into a
regional low-level radioactive waste management compact for
the purpose of:
1) providing the instrument and framework for a
cooperative effort;
2) providing sufficient facilities for the proper
management of low-level radioactive waste generated in the
region;
3) protecting the health and safety of the citizens of
the region;
4) limiting the number of facilities required to manage
low-level radioactive waste generated in the region
effectively and efficiently;
5) promoting the volume and source reduction of
low-level radioactive waste generated in the region;
6) distributing the costs, benefits and obligations of
successful low-level radioactive waste management equitably
among the party states and among generators and other persons
who use regional facilities to manage their waste;
7) ensuring the ecological and economical management of
low-level radioactive waste, including the prohibition of
shallow-land burial of waste; and
8) promoting the use of above-ground facilities and
other disposal technologies providing greater and safer
confinement of low-level radioactive waste than shallow-land
burial facilities.
b) Implicit in the Congressional consent to this compact
is the expectation by the Congress and the party states that
the appropriate federal agencies will actively assist the
Compact Commission and the individual party states to this
compact by:
1) expeditious enforcement of federal rules, regulations
and laws;
2) imposition of sanctions against those found to be in
violation of federal rules, regulations and laws; and
3) timely inspection of their licensees to determine
their compliance with these rules, regulations and laws.
ARTICLE II. DEFINITIONS
As used in this compact, unless the context clearly
requires a different construction:
a) "Commission" means the Central Midwest Interstate
Low-Level Radioactive Waste Commission.
b) "Decommissioning" means the measures taken at the end
of a facility's operating life to assure the continued
protection of the public from any residual radioactivity or
other potential hazards present at a facility.
c) "Disposal" means the isolation of waste from the
biosphere in a permanent facility designed for that purpose.
d) "Eligible state" means either the State of Illinois
or the Commonwealth of Kentucky.
e) "Extended care" means the continued observation of a
facility after closure for the purpose of detecting a need
for maintenance, ensuring environmental safety, and
determining compliance with applicable licensure and
regulatory requirements and includes undertaking any action
or clean-up necessary to protect public health and the
environment from radioactive releases from a regional
facility.
f) "Facility" means a parcel of land or site, together
with the structures, equipment and improvements on or
appurtenant to the land or site, which is used or is being
developed for the treatment, storage or disposal of low-level
radioactive waste.
g) "Generator" means a person who produces or possesses
low-level radioactive waste in the course of or incident to
manufacturing, power generation, processing, medical
diagnosis and treatment, research, or other industrial or
commercial activity and who, to the extent required by law,
is licensed by the U.S. Nuclear Regulatory Commission or a
party state, to produce or possess such waste.
h) "Host state" means any party state that is designated
by the Commission to host a regional facility.
i) "Institutional control" means those activities
carried out by the host state to physically control access to
the disposal site following transfer of control of the
disposal site from the disposal site operator to the state or
federal government. These activities must include, but need
not be limited to, environmental monitoring, periodic
surveillance, minor custodial care, and other necessary
activities at the site as determined by the host state, and
administration of funds to cover the costs for these
activities. The period of institutional control will be
determined by the host state, but institutional control may
not be relied upon for more than 100 years following transfer
of control of the disposal site to the state or federal
government.
j) "Long-term liability" means the financial obligation
to compensate any person for medical and other expenses
incurred from damages to human health, personal injuries
suffered from damages to human health and damages or losses
to real or personal property, and to provide for the costs
for accomplishing any necessary corrective action or clean-up
on real or personal property caused by radioactive releases
from a regional facility.
k) "Low-level radioactive waste" or "waste" means
radioactive waste not classified as (1) high-level
radioactive waste, (2) transuranic waste, (3) spent nuclear
fuel, or (4) by-product material as defined in Section 11e(2)
of the Atomic Energy Act of 1954. This definition shall
apply notwithstanding any declaration by the federal
government, a state or any regulatory agency that any
radioactive material is exempt from any regulatory control.
l) "Management plan" means the plan adopted by the
Commission for the storage, transportation, treatment and
disposal of waste within the region.
m) "Manifest" means a shipping document identifying the
generator of waste, the volume of waste, the quantity of
radionuclides in the shipment, and such other information as
may be required by the appropriate regulatory agency.
n) "Party state" means any eligible state which enacts
the compact into law and pays the membership fee.
o) "Person" means any individual, corporation, business
enterprise or other legal entity, either public or private,
and any legal successor, representative, agent or agency of
that individual, corporation, business enterprise, or legal
entity.
p) "Region" means the geographical area of the party
states.
q) "Regional facility" means any facility as defined in
Article II (f) that is (1) located within the region, and (2)
established by a party state pursuant to designation of that
state as a host state by the Commission.
r) "Shallow-land burial" means a land disposal facility
in which radioactive waste is disposed of in or within the
upper 30 meters of the earth's surface; however, this
definition shall not include an enclosed, engineered,
strongly structurally enforced and solidified bunker that
extends below the earth's surface.
s) "Site" means the geographic location of a facility.
t) "Source reduction" means those administrative
practices that reduce the radionuclide levels in low-level
radioactive waste or that prevent the generation of
additional low-level radioactive waste.
u) "State" means a state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands or any other territorial possession of the
United States.
v) "Storage" means the temporary holding of waste for
treatment or disposal.
w) "Treatment" means any method, technique or process,
including storage for radioactive decay, designed to change
the physical, chemical or biological characteristics or
composition of any waste in order to render the waste safer
for transport or management, amenable to recovery,
convertible to another usable material or reduced in volume.
x) "Volume reduction" means those methods including, but
not limited to, biological, chemical, mechanical and thermal
methods used to reduce the amount of space that waste
materials occupy and to put them into a form suitable for
storage or disposal.
y) "Waste management" means the source and volume
reduction, storage, transportation, treatment or disposal of
waste.
ARTICLE III. THE COMMISSION
a) There is created the Central Midwest Interstate
Low-Level Radioactive Waste Commission. Upon the eligible
states becoming party states, the Commission shall consist of
two voting Commissioners from each state eligible to be
designated a host state under Article VI(b), one voting
Commissioner from any other party state, and for each
regional facility, one non-voting Commissioner who is an
elected official of local government and a resident of the
county where that regional facility is located. The Governor
of each party state shall notify the Commission in writing of
its Commissioners and any alternates.
b) Each voting Commissioner is entitled to one vote. No
action of the Commission is binding unless a majority of the
voting membership casts its vote in the affirmative. In
addition, no agreement by the Commission under Article
III(i)(1), Article III(i)(2), or Article III(i)(3) is valid
unless all voting Commissioners from the party state in which
the facility where the waste would be sent is located cast
their votes in the affirmative.
c) The Commission shall elect annually from among its
members a chairperson. The Commission shall adopt and
publish, in convenient form, by-laws and policies that are
not inconsistent with this compact, including procedures that
conform with the provisions of the Federal Administrative
Procedure Act (5 U.S.C. ss. 500 to 559) to the greatest
extent practicable in regard to notice, conduct and recording
of meetings; access by the public to records; provision of
information to the public; conduct of adjudicatory hearings;
and issuance of decisions.
d) The Commission shall meet at least once annually and
shall also meet upon the call of any voting Commissioner.
e) All meetings of the Commission and its designated
committees shall be open to the public with reasonable
advance notice. The Commission may, by majority vote, close
a meeting to the public for the purpose of considering
sensitive personnel or legal strategy matters. However, all
Commission actions and decisions shall be made in open
meetings and appropriately recorded. A roll call may be
required upon request of any voting Commissioner.
f) The Commission may establish advisory committees for
the purpose of advising the Commission on any matters
pertaining to waste management, waste generation and source
and volume reduction.
g) The Office of the Commission shall be in Illinois.
The Commission may appoint or contract for and compensate
such staff necessary to carry out its duties and functions.
The staff shall serve at the Commission's pleasure with the
exception that staff hired as the result of securing federal
funds shall be hired and governed under applicable federal
statutes and regulations. In selecting any staff, the
Commission shall assure that the staff has adequate
experience and formal training to carry out the functions
assigned to it by the Commission.
h) All files, records and data of the Commission shall
be open to reasonable public inspection and may be copied
upon payment of reasonable fees to be established where
appropriate by the Commission, except for information
privileged against introduction in judicial proceedings.
Such fees may be waived or shall be reduced substantially for
not-for-profit organizations.
i) The Commission may:
1) Enter into an agreement with any person to allow
waste from outside the region to be disposed of at facilities
in the region. However, no such agreement shall be effective
unless and until ratified by a law enacted by the party state
to which the waste would be sent for disposal.
2) Enter into an agreement with any person to allow
waste described in Article VII(a)(6) to be treated, stored,
or disposed of at regional facilities. However, no such
agreement shall be effective unless and until ratified by a
law enacted by the host state of the regional facility where
the waste would be sent for treatment, storage, or disposal.
3) Enter into an agreement with any person to allow
waste from outside the region to be treated or stored at
facilities in the region. However, any such agreement shall
be revoked as a matter of law if, within one year of the
effective date of the agreement, a law is enacted ordering
the revocation by the party state where the waste would be
sent for treatment or storage.
4) Approve, or enter into an agreement with any person
for, the export of waste from the region.
5) Approve the disposal of waste generated within the
region at a facility in the region other than a regional
facility, subject to the limitations of Articles V(f) and
VII(a)(6).
6) Require that waste generated within the region be
treated or stored at available regional facilities, subject
to the limitations of Articles V(f), VII(a)(3) and VII(a)(6).
7) Appear as an intervenor or party in interest before
any court of law or any federal, state or local agency, board
or commission in any matter related to waste management. In
order to represent its views, the Commission may arrange for
any expert testimony, reports, evidence or other
participation.
8) Review the emergency closure of a regional facility,
determine the appropriateness of that closure, and take
whatever actions are necessary to ensure that the interests
of the region are protected, provided that a party state with
a total volume of waste recorded on low-level radioactive
waste manifests for any year that is less than 10 percent of
the total volume recorded on such manifests for the region
during the same year shall not be designated a host state or
be required to store the region's waste. In determining the
10 percent exclusion, there shall not be included waste
recorded on low-level radioactive waste manifests by a person
whose principal business is providing a service by arranging
for the collection, transportation, treatment, storage or
disposal of such waste.
9) Take any action which is appropriate and necessary to
perform its duties and functions as provided in this compact.
10) Suspend the privileges or revoke the membership of a
party state.
j) The Commission shall:
1) Submit within 10 days of its execution to the
governor and the appropriate officers of the legislative body
of the party state in which any affected facility is located
a copy of any agreement entered into by the Commission under
Article III(i)(1), Article III(i)(2) or Article III(i)(3).
2) Submit an annual report to, and otherwise communicate
with, the governors and the appropriate officers of the
legislative bodies of the party states regarding the
activities of the Commission. The annual report shall include
a description of the status of the activities taken pursuant
to any agreement entered into by the Commission under Article
III(i)(1), Article III(i)(2) or Article III(i)(3) and any
violation of any provision thereof, and a description of the
source, volume, activity, and current status of any waste
from outside the region or waste described under Article
VII(a)(6) that was treated, stored or disposed of in the
region in the previous year.
3) Hear, negotiate, and, as necessary, resolve by final
decision disputes which may arise between the party states
regarding this compact.
4) Adopt and amend, as appropriate, a regional
management plan that plans for the establishment of needed
regional facilities.
5) Adopt an annual budget.
k) Funding of the budget of the Commission shall be
provided as follows:
1) Each state, upon becoming a party state, shall pay
$50,000 to the Commission which shall be used for the
administrative costs of the Commission.
2) Each state hosting a regional facility shall levy
surcharges on each user of the regional facility based upon
its portion of the total volume and characteristics of wastes
managed at that facility. The surcharges collected at all
regional facilities shall:
A) be sufficient to cover the annual budget of the
Commission; and
B) be paid to the Commission, provided, however, that
each host state collecting surcharges may retain a portion of
the collection sufficient to cover its administrative costs
of collection.
l) The Commission shall keep accurate accounts of all
receipts and disbursements. The Commission shall contract
with an independent certified public accountant to annually
audit all receipts and disbursements of Commission funds and
to submit an audit report to the Commission. The audit
report shall be made a part of the annual report of the
Commission required by this Article.
m) The Commission may accept for any of its purposes and
functions and may utilize and dispose of any donations,
grants of money, equipment, supplies, materials and services
from any state or the United States (or any subdivision or
agency thereof), or interstate agency, or from any
institution, person, firm or corporation. The nature, amount
and condition, if any, attendant upon any donation or grant
accepted or received by the Commission together with the
identity of the donor, grantor or lender, shall be detailed
in the annual report of the Commission. The Commission shall
establish guidelines for the acceptance of donations, grants,
equipment, supplies, materials and services and shall review
such guidelines annually.
n) The Commission is not liable for any costs associated
with any of the following:
1) the licensing and construction of any facility;
2) the operation of any facility;
3) the stabilization and closure of any facility;
4) the extended care of any facility;
5) the institutional control, after extended care of any
facility; or
6) the transportation of waste to any facility.
o) The Commission is a legal entity separate and
distinct from the party states and is liable for its actions
as a separate and distinct legal entity. Commissioners are
not personally liable for actions taken by them in their
official capacity.
p) Except as provided under Article III(n), Article
III(o), Article VI(p) and Article VI(q), nothing in this
compact alters liability for any action, omission, course of
conduct or liability resulting from any causal or other
relationships.
q) Any person aggrieved by a final decision of the
Commission which adversely affects the legal rights, duties
or privileges of such person, may petition a court of
competent jurisdiction, within 60 days after the Commission's
final decision, to obtain judicial review of said final
decision.
ARTICLE IV. REGIONAL MANAGEMENT PLAN
The Commission shall adopt a regional management plan
designed to ensure the safe and efficient management of waste
generated within the region. In adopting a regional waste
management plan the Commission shall:
a) Adopt procedures for determining, consistent with
considerations of public health and safety, the type and
number of regional facilities which are presently necessary
and which are projected to be necessary to manage waste
generated within the region.
b) Develop and adopt policies promoting source and
volume reduction of waste generated within the region.
c) Develop alternative means for the treatment, storage
and disposal of waste, other than shallow-land burial or
underground injection well.
d) Prepare a draft regional management plan that shall
be made available in a convenient form to the public for
comment. The Commission shall conduct one or more public
hearings in each party state prior to the adoption of the
regional management plan. The regional management plan shall
include the Commission's response to public and party state
comment.
ARTICLE V. RIGHTS AND OBLIGATIONS OF PARTY STATES
a) Each party state shall act in good faith in the
performance of acts and courses of conduct which are intended
to ensure the provision of facilities for regional
availability and usage in a manner consistent with this
compact.
b) Other than the provisions of Article V(f) and
VII(a)(6), each party state has the right to have all wastes
generated within its borders managed at regional facilities.
This right shall be subject to the provisions of this
Compact. All party states have an equal right of access to
any facility outside the region made available to the region
by any agreement entered into by the Commission pursuant to
Article III(i)(4).
c) Party states or generators may negotiate for the
right of access to a facility outside the region and may
export waste outside the region subject to Commission
approval under Article III(i)(4).
d) To the extent permitted by federal law, each party
state may enforce any applicable federal and state laws,
regulations and rules pertaining to the packaging and
transportation of waste generated within or passing through
its borders. Nothing in this Section shall be construed to
require a party state to enter into any agreement with the
U.S. Nuclear Regulatory Commission.
e) Each party state shall provide to the Commission any
data and information the Commission requires to implement its
responsibilities. Each party state shall establish the
capability to obtain any data and information required by the
Commission.
f) Waste originating from the Maxey Flats nuclear waste
disposal site in Fleming County, Kentucky shall not be
shipped to any facility in Illinois for storage, treatment or
disposal. Disposition of these wastes shall be the sole
responsibility of the Commonwealth of Kentucky and such waste
shall not be subject to the provisions of Article IX(b)(3)
and (4) of this compact.
ARTICLE VI. DEVELOPMENT AND OPERATION OF FACILITIES
a) Any party state may volunteer to become a host state,
and the Commission may designate that state as a host state.
b) If all regional facilities required by the regional
management plan are not developed pursuant to Article VI(a),
or upon notification that an existing regional facility will
be closed, the Commission may designate a party state as a
host state. A party state shall not be designated as a host
state for any regional facility under this Article VI(b)
unless that state's total volume of waste recorded on
low-level radioactive waste manifests for any year is more
than 10% of the total volume recorded on those manifests for
the region during the same year. In determining the 10%
exclusion, there shall not be included waste recorded on
low-level radioactive waste manifests by a person whose
principal business is providing a service by arranging for
the collection, transportation, treatment, storage or
disposal of such waste, or waste described in Article
VII(a)(6).
c) Each party state designated as a host state is
responsible for determining possible facility locations
within its borders. The selection of a facility site shall
not conflict with applicable federal and host state laws,
regulations and rules not inconsistent with this compact and
shall be based on factors including, but not limited to,
geological, environmental, engineering and economic viability
of possible facility locations.
d) Any party state designated as a host state may
request the Commission to relieve that state of the
responsibility to serve as a host state. The Commission may
relieve a party state of this responsibility upon a showing
by the requesting party state that no feasible potential
regional facility site of the type it is designated to host
exists within its borders or for other good cause shown and
consistent with the purposes of the Compact.
e) After a state is designated a host state by the
Commission, it is responsible for the timely development and
operation of a regional facility.
f) To the extent permitted by federal and state law, a
host state shall regulate and license any facility within its
borders and ensure the extended care of that facility.
g) The Commission may designate a party state as a host
state while a regional facility is in operation if the
Commission determines that an additional regional facility is
or may be required to meet the needs of the region.
h) Designation of a host state is for a period of 20
years or the life of the regional facility which is
established under that designation, whichever is shorter.
Upon request of a host state, the Commission may modify the
period of its designation.
i) A host state may establish a fee system for any
regional facility within its borders. The fee system shall
be reasonable and equitable. This fee system shall provide
the host state with sufficient revenue to cover any costs
including, but not limited to, the planning, siting,
licensure, operation, pre-closure corrective action or
clean-up, monitoring, inspection, decommissioning, extended
care and long-term liability, associated with such
facilities. This fee system may provide for payment to units
of local government affected by a regional facility for costs
incurred in connection with such facility. This fee system
may also include reasonable revenue beyond the costs incurred
for the host state, subject to approval by the Commission.
The fee system shall include incentives for source or volume
reduction and may be based on the hazard of the waste. A
host state shall submit an annual financial audit of the
operation of the regional facility to the Commission.
j) A host state shall ensure that a regional facility
located within its borders which is permanently closed is
properly decommissioned. A host state shall also provide for
the extended care of a closed or decommissioned regional
facility within its borders so that the public health and
safety of the state and region are ensured, unless, pursuant
to the federal Nuclear Waste Policy Act of 1982, the federal
government has assumed title and custody of the regional
facility and the federal government thereby has assumed
responsibility to provide for the extended care of such
facility.
k) A host state intending to close a regional facility
located within its borders shall notify the Commission in
writing of its intention and the reasons. Notification shall
be given to the Commission at least five years prior to the
intended date of closure. This Section shall not prevent an
emergency closing of a regional facility by a host state to
protect its air, land and water resources and the health and
safety of its citizens. However, a host state which has an
emergency closing of a regional facility shall notify the
Commission in writing within 3 working days of its action and
shall, within 30 working days of its action, demonstrate
justification for the closing.
l) If a regional facility closes before an additional or
new facility becomes operational, waste generated within the
region may be shipped temporarily to any location agreed on
by the Commission until a regional facility is operational,
provided that the region's waste shall not be stored in a
party state with a total volume of waste recorded on
low-level radioactive waste manifests for any year which is
less than 10% of the total volume recorded on the manifests
for the region during the same year. In determining the 10%
exclusion, there shall not be included waste recorded on
low-level radioactive waste manifests by a person whose
principal business is providing a service by arranging for
the collection, transportation, treatment, storage or
disposal of such waste, or waste described in Article
VII(a)(6).
m) A party state which is designated as a host state by
the Commission and fails to fulfill its obligations as a host
state may have its privileges under the compact suspended or
membership in the compact revoked by the Commission.
n) The host state shall create an "Extended Care and
Long-Term Liability Fund" and shall allocate sufficient fee
revenues, received pursuant to Article VI(i), to provide for
the costs of:
1) decommissioning and other procedures required for the
proper closure of a regional facility;
2) monitoring, inspection and other procedures required
for the proper extended care of a regional facility;
3) undertaking any corrective action or clean-up
necessary to protect human health and the environment from
radioactive releases from a regional facility;
4) compensating any person for medical and other
expenses incurred from damages to human health, personal
injuries suffered from damages to human health and damages or
losses to real or personal property, and accomplishing any
necessary corrective action or clean-up on real or personal
property caused by radioactive releases from a regional
facility; the host state may allocate monies in this Fund in
amounts as it deems appropriate to purchase insurance or to
make other similar financial protection arrangements
consistent with the purposes of this Fund; this Article VI(n)
shall in no manner limit the financial responsibilities of
the site operator under Article VI(o), the party states under
Article VI(p), or any person who sends waste to a regional
facility, under Article VI(q).
o) The operator of a regional facility shall purchase an
amount of property and third-party liability insurance deemed
appropriate by the host state, pay the necessary periodic
premiums at all times and make periodic payments to the
Extended Care and Long-Term Liability Fund as set forth in
Article VI(n) for such amounts as the host state reasonably
determines is necessary to provide for future premiums to
continue such insurance coverage, in order to pay the costs
of compensating any person for medical and other expenses
incurred from damages to human health, personal injuries
suffered from damages to human health and damages or losses
to real or personal property, and accomplishing any necessary
corrective action or clean-up on real or personal property
caused by radioactive releases from a regional facility. In
the event of such costs resulting from radioactive releases
from a regional facility, the host state should, to the
maximum extent possible, seek to obtain monies from such
insurance prior to using monies from the Extended Care and
Long-Term Liability Fund.
p) All party states shall be liable for the cost of
extended care and long-term liability in excess of monies
available from the Extended Care and Long-Term Liability
Fund, as set forth in Article VI(n) and from the property and
third-party liability insurance as set forth in Article
VI(o). A party state may meet such liability for costs by
levying surcharges upon generators located in the party
state. The extent of such liability shall be based on the
proportionate share of the total volume of waste placed in
the regional facility by generators located in each such
party state. Such liability shall be joint and several among
the party states with a right of contribution between the
party states. However, this Section shall not apply to a
party state with a total volume of waste recorded on
low-level radioactive waste manifests for any year that is
less than 10% of the total volume recorded on such manifests
for the region during the same year.
q) Any person who sends waste from outside the region or
waste described in Article VII(a)(6) for treatment, storage
or disposal at a regional facility shall be liable for the
cost of extended care and long-term liability of that
regional facility in excess of the monies available from the
Extended Care and Long-Term Liability Fund as set forth in
Article VI(n) and from the property and third-party liability
insurance as set forth in Article VI(o). The extent of the
liability for the person shall be based on the proportionate
share of the total volume of waste sent by that person to the
regional facility.
ARTICLE VII. OTHER LAWS AND REGULATIONS
a) Nothing in this compact:
1) abrogates or limits the applicability of any act of
Congress or diminishes or otherwise impairs the jurisdiction
of any federal agency expressly conferred thereon by the
Congress;
2) prevents the enforcement of any other law of a party
state which is not inconsistent with this compact;
3) prohibits any storage or treatment of waste by the
generator on its own premises;
4) affects any administrative or judicial proceeding
pending on the effective date of this compact;
5) alters the relations between the respective internal
responsibility of the government of a party state and its
subdivisions;
6) establishes any right to the treatment, storage or
disposal at any facility in the region or provides any
authority to prohibit export from the region of waste that is
owned or generated by the United States Department of Energy,
owned or generated by the United States Navy as a result of
the decommissioning decomissioning of vessels of the United
States Navy, or owned or generated as the result of any
research, development, testing or production of any atomic
weapon; or
7) affects the rights and powers of any party state or
its political subdivisions, to the extent not inconsistent
with this compact, to regulate and license any facility or
the transportation of waste within its borders or affects the
rights and powers of any state or its political subdivisions
to tax or impose fees on the waste managed at any facility
within its borders;
8) requires a party state to enter into any agreement
with the U.S. Nuclear Regulatory Commission; or
9) alters or limits liability of transporters of waste
and owners and operators of sites for their acts, omissions,
conduct or relationships in accordance with applicable laws.
b) For purposes of this compact, all state laws or parts
of laws in conflict with this compact are hereby superseded
to the extent of the conflict.
c) No law, rule, regulation, fee or surcharge of a party
state, or of any of its subdivisions or instrumentalities,
may be applied in a manner which discriminates against the
generators of another party state.
d) No person who provides a service by arranging for
collection, transportation, treatment, storage or disposal of
waste from outside the region shall be allowed to dispose of
any waste, regardless of origin, in the region unless
specifically permitted under an agreement entered into by the
Commission in accordance with the requirements of Article
III(i)(1).
ARTICLE VIII. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION,
ENTRY INTO FORCE, TERMINATION
a) Eligible parties to this compact are the State of
Illinois and Commonwealth of Kentucky. Eligibility
terminates on April 15, 1985.
b) An eligible state becomes a party state when the
state enacts the compact into law and pays the membership fee
required in Article III(k)(1).
c) The Commission is formed upon the appointment of the
Commissioners and the tender of the membership fee payable to
the Commission by the eligible states. The Governor of
Illinois shall convene the initial meeting of the Commission.
The Commission shall cause legislation to be introduced in
the Congress which grants the consent of the Congress to this
compact, and shall take action necessary to organize the
Commission and implement the provisions of this compact.
d) Other than the special circumstances for withdrawal
in Section (f) of this Article, either party state may
withdraw from this compact at any time by repealing the
authorizing legislation, but no withdrawal may take effect
until 5 years after the Governor of the withdrawing state
gives notice in writing of the withdrawal to the Commission
and to the Governor of the other state. Withdrawal does not
affect any liability already incurred by or chargeable to a
party state prior to the time of such withdrawal. Any host
state which grants a disposal permit for waste generated in a
withdrawing state shall void the permit when the withdrawal
of that state is effective.
e) This compact becomes effective July 1, 1984, or at
any date subsequent to July 1, 1984, upon enactment by the
eligible states. However, Article IX(b) shall not take
effect until the Congress has by law consented to this
compact. The Congress shall have an opportunity to withdraw
such consent every 5 years. Failure of the Congress
affirmatively to withdraw its consent has the effect of
renewing consent for an additional 5 year period. The
consent given to this compact by the Congress shall extend to
the power of the region to ban the shipment of waste into the
region pursuant to Article III(i)(1) and to prohibit
exportation of waste generated within the region under
Article III(i)(4).
f) A state which has been designated a host state may
withdraw from the compact. The option to withdraw must be
exercised within 90 days of the date the Governor of the
designated state receives written notice of the designation.
Withdrawal becomes effective immediately after notice is
given in the following manner. The Governor of the
withdrawing state shall give notice in writing to the
Commission and to the Governor of each party state. A state
which withdraws from the compact under this Section forfeits
any funds already paid pursuant to this compact. A
designated host state which withdraws from the compact after
90 days and prior to fulfilling its obligations shall be
assessed a sum the Commission determines to be necessary to
cover the costs borne by the Commission and remaining party
states as a result of that withdrawal.
ARTICLE IX. PENALTIES
a) Each party state shall prescribe and enforce
penalties against any person who is not an official of
another state for violation of any provision of this compact.
b) Unless authorized by the Commission pursuant to
Article III(i), or otherwise provided in this compact, after
January 1, 1986 it is a violation of this compact:
1) for any person to deposit at a facility in the region
waste from outside the region;
2) for any facility in the region to accept waste from
outside the region;
3) for any person to export from the region waste that
is generated within the region;
4) for any person to dispose of waste at a facility
other than a regional facility;
5) for any person to deposit at a regional facility
waste described in Article VII(a)(6); or
6) for any regional facility to accept waste described
in Article VII(a)(6).
c) It is a violation of this compact for any person to
treat or store waste at a facility other than a regional
facility if such treatment or storage is prohibited by the
Commission under Article III(i)(6).
d) Each party state acknowledges that the receipt by a
host state of waste packaged or transported in violation of
applicable laws, rules or regulations may result in the
imposition of sanctions by the host state which may include
suspension or revocation of the violator's right of access to
the facility in the host state.
e) Each party state has the right to seek legal recourse
against any party state which acts in violation of this
compact.
ARTICLE X. SEVERABILITY AND CONSTRUCTION
The provisions of this compact shall be severable and if
any phrase, clause, sentence or provision of this compact is
declared by a court of competent jurisdiction to be contrary
to the Constitution of any participating state or the United
States, or if the applicability thereof to any government,
agency, person or circumstance is held invalid, the validity
of the remainder of this compact and the applicability
thereof to any government, agency, person or circumstance
shall not be affected thereby. If any provision of this
compact shall be held contrary to the Constitution of any
state participating therein, the compact shall remain in full
force and effect as to the state affected as to all severable
matters.
(Source: P.A. 87-1166; revised 7-17-97.)
Section 50. The Public Officer Prohibited Activities Act
is amended by changing Section 3 as follows:
(50 ILCS 105/3) (from Ch. 102, par. 3)
Sec. 3. Prohibited interest in contracts.
(a) No person holding any office, either by election or
appointment under the laws or Constitution of this State, may
be in any manner financially interested directly in his own
name or indirectly in the name of any other person,
association, trust, or corporation, in any contract or the
performance of any work in the making or letting of which
such officer may be called upon to act or vote. No such
officer may represent, either as agent or otherwise, any
person, association, trust, or corporation, with respect to
any application or bid for any contract or work in regard to
which such officer may be called upon to vote. Nor may any
such officer take or receive, or offer to take or receive,
either directly or indirectly, any money or other thing of
value as a gift or bribe or means of influencing his vote or
action in his official character. Any contract made and
procured in violation hereof is void. This Section shall not
apply to any person serving on an advisory panel or
commission or to any director serving on a hospital district
board as provided under subsection (a-5) of Section 13 of the
Hospital District Law.
(b) However, any elected or appointed member of the
governing body may provide materials, merchandise, property,
services, or labor, subject to the following provisions under
either paragraph (1) or (2):
(1) If:
A. the contract is with a person, firm,
partnership, association, corporation, or cooperative
association in which such interested member of the
governing body of the municipality has less than a 7 1/2%
share in the ownership; and
B. such interested member publicly discloses the
nature and extent of his interest prior to or during
deliberations concerning the proposed award of the
contract; and
C. such interested member abstains from voting on
the award of the contract, though he shall be considered
present for the purposes of establishing a quorum; and
D. such contract is approved by a majority vote of
those members presently holding office; and
E. the contract is awarded after sealed bids to the
lowest responsible bidder if the amount of the contract
exceeds $1500, or awarded without bidding if the amount
of the contract is less than $1500; and
F. the award of the contract would not cause the
aggregate amount of all such contracts so awarded to the
same person, firm, association, partnership, corporation,
or cooperative association in the same fiscal year to
exceed $25,000.,
(2) If:
A. the award of the contract is approved by a
majority vote of the governing body of the municipality
provided that any such interested member shall abstain
from voting; and
B. the amount of the contract does not exceed
$2,000; and
C. the award of the contract would not cause the
aggregate amount of all such contracts so awarded to the
same person, firm, association, partnership, corporation,
or cooperative association in the same fiscal year to
exceed $4,000; and
D. such interested member publicly discloses the
nature and extent of his interest prior to or during
deliberations concerning the proposed award of the
contract; and
E. such interested member abstains from voting on
the award of the contract, though he shall be considered
present for the purposes of establishing a quorum.
(b-5) In addition to the above exemptions, any elected
or appointed member of the governing body may provide
materials, merchandise, property, services, or labor if:
A. the contract is with a person, firm,
partnership, association, corporation, or cooperative
association in which the interested member of the
governing body of the municipality, advisory panel, or
commission has less than a 1% share in the ownership; and
B. the award of the contract is approved by a
majority vote of the governing body of the municipality
provided that any such interested member shall abstain
from voting; and
C. such interested member publicly discloses the
nature and extent of his interest before or during
deliberations concerning the proposed award of the
contract; and
D. such interested member abstains from voting on
the award of the contract, though he shall be considered
present for the purposes of establishing a quorum.
(c) A contract for the procurement of public utility
services by a public entity with a public utility company is
not barred by this Section by one or more members of the
governing body of the public entity being an officer or
employee of the public utility company or holding an
ownership interest of no more than 7 1/2% in the public
utility company, or holding an ownership interest of any size
if the public entity is a municipality with a population of
less than 7,500 and the public utility's rates are approved
by the Illinois Commerce Commission. An elected or appointed
member of the governing body of the public entity having such
an interest shall be deemed not to have a prohibited interest
under this Section.
(d) Notwithstanding any other provision of this Section
or any other law to the contrary, until January 1, 1994, a
member of the city council of a municipality with a
population under 20,000 may purchase real estate from the
municipality, at a price of not less than 100% of the value
of the real estate as determined by a written MAI certified
appraisal or by a written certified appraisal of a State
certified or licensed real estate appraiser, if the purchase
is approved by a unanimous vote of the city council members
then holding office (except for the member desiring to
purchase the real estate, who shall not vote on the
question).
(e) For the purposes of this Section only, a municipal
officer shall not be deemed interested if the officer is an
employee of a company or owns or holds an interest of 1% or
less in the municipal officer's individual name in a company,
or both, that company is involved in the transaction of
business with the municipality, and that company's stock is
traded on a nationally recognized securities market, provided
the interested member: (i) publicly discloses the fact that
he or she is an employee or holds an interest of 1% or less
in a company before deliberation of the proposed award of the
contract; (ii) refrains from evaluating, recommending,
approving, deliberating, or otherwise participating in
negotiation, approval, or both, of the contract, work, or
business; (iii) abstains from voting on the award of the
contract though he or she shall be considered present for
purposes of establishing a quorum; and (iv) the contract is
approved by a majority vote of those members currently
holding office.
A municipal officer shall not be deemed interested if the
officer owns or holds an interest of 1% or less, not in the
officer's individual name but through a mutual fund, in a
company, that company is involved in the transaction of
business with the municipality, and that company's stock is
traded on a nationally recognized securities market.
(Source: P.A. 90-197, eff. 1-1-98; 90-364, eff, 1-1-98;
revised 10-28-97.)
Section 51. The Industrial Building Revenue Bond Act is
amended by changing Section 6 as follows:
(50 ILCS 445/6) (from Ch. 85, par. 876)
Sec. 6. A resolution authorizing issuance of bonds
pursuant to this Act may contain covenants as to (a) the use
and disposition of the income and revenues from industrial
projects for which the bonds are issued, including the
creation and maintenance of reserves; (b) the issuance of
other or additional bonds payable from or with respect to the
income from the industrial projects; (c) the maintenance and
repair of the industrial projects; (d) the insurance to be
carried on the industrial projects and the disposition of
insurance proceeds; and (e) the terms and conditions under
which bondholders or their trustees are entitled to
appointment of a receiver by the circuit court with power to
take possession of an industrial project and to lease,
maintain, set payments for, and receive and apply income from
the industrial project in the same manner and to the same
extent as the authority.
A resolution authorizing issuance of bonds under this Act
may provide that the principal and interest on bonds issued
under authority of this Act be secured by a mortgage or trust
deed covering the industrial project for which the bonds are
issued, and include subsequent improvements or extensions.
The mortgage or trust deed may contain covenants and
agreements to safeguard the bonds. The covenants and
agreements shall be provided for in the resolution
authorizing issuance of the bonds and shall be executed in a
manner provided for in the resolution. The covenants and
agreements shall not be inconsistent with this Act. A
mortgage or deed of trust by which a security interest is
created, or a financing statement relating thereto, need not
be filed under the Uniform Commercial Code, or otherwise, in
order to perfect such security interest, except in the
records of the authority.
The provisions of this Act, resolutions adopted and
mortgages and trust deeds executed under authority of this
Act are contracts with the bondholders and shall remain in
effect until the principal and interest on the bonds issued
are paid.
The duties of the authority and its governing body and
officers under this Act, resolutions adopted and mortgages
and trust deeds executed, are enforceable enforcible by a
bondholder by mandamus, injunction, foreclosure of a mortgage
or trust deed or other appropriate civil action in the
appropriate circuit court.
(Source: P.A. 83-345; revised 6-27-97.)
Section 52. The Counties Code is amended by changing
Sections 3-7002, 3-7005, 3-14010, 5-1006.5, 5-1012, 5-1093,
5-12001, 5-30004, 5-30011, 6-5002, and 6-12003 as follows:
(55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002)
Sec. 3-7002. Cook County Sheriff's Merit Board. There is
created the Cook County Sheriff's Merit Board, hereinafter
called the Board, consisting of 5 members appointed by the
Sheriff with the advice and consent of the county board,
except that on and after the effective date of this
amendatory Act of 1997, the Sheriff may appoint 2 two
additional members, with the advice and consent of the county
board, at his or her discretion. Of the members first
appointed, one shall serve until the third Monday in March,
1965 one until the third Monday in March, 1967, and one until
the third Monday in March, 1969. Of the 2 additional members
first appointed under authority of this amendatory Act of
1991, one shall serve until the third Monday in March, 1995,
and one until the third Monday in March, 1997.
Upon the expiration of the terms of office of those first
appointed (including the 2 additional members first appointed
under authority of this amendatory Act of 1991), their
respective successors shall be appointed to hold office from
the third Monday in March of the year of their respective
appointments for a term of 6 years and until their successors
are appointed and qualified for a like term. As additional
members are appointed under authority of this amendatory Act
of 1997, their terms shall be set to be staggered
consistently with the terms of the existing Board members. No
more than 3 members of the Board shall be affiliated with the
same political party, except that as additional members are
appointed by the Sheriff under authority of this amendatory
Act of 1997, the political affiliation of the Board shall be
such that no more than one-half of the members plus one
additional member may be affiliated with the same political
party. No member shall have held or have been a candidate
for an elective public office within one year preceding his
or her appointment.
The Sheriff may deputize members of the Board.
(Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97;
revised 11-17-97.)
(55 ILCS 5/3-7005) (from Ch. 34, par. 3-7005)
Sec. 3-7005. Meetings. As soon as practicable after the
members of the Board have been appointed, they shall meet,
upon the call of the Sheriff, and shall organize by selecting
a chairman and a secretary. The initial chairman and
secretary, and their successors, shall be selected by the
Board from among its members for a term of 2 years or for the
remainder of their term of office as a member of the Board,
whichever is the shorter. Two members Forty percent of the
Board shall constitute a quorum for the transaction of
business, except that as additional members are appointed
under authority of this amendatory Act of 1997, the number of
members that must be present to constitute a quorum shall be
the number of members that constitute at least 40% of the
Board. The Board shall hold regular quarterly meetings and
such other meetings as may be called by the chairman.
(Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97;
revised 11-17-97.)
(55 ILCS 5/3-14010) (from Ch. 34, par. 3-14010)
Sec. 3-14010. Department of Data Processing. The Board
of Commissioners has authority to create and maintain a
Department of Data Processing to which may be assigned such
powers as the County Board may deem necessary for the proper
functioning of County government. This department has
authority to service all County departments, offices and
agencies established under the Board of Commissioners. The
Board of Commissioners may enter into agreements with
constitutional officers of county government for such
services by the Department of Data Processing within the
respective offices of such elected county officers. The
department shall be headed by a Director, who shall be
appointed by the President with the advice advise and consent
of the Board of Commissioners.
(Source: P.A. 86-962; revised 6-27-97.)
(55 ILCS 5/5-1006.5)
Sec. 5-1006.5. Special County Retailers' Occupation Tax
For Public Safety.
(a) The county board of any county may impose a tax upon
all persons engaged in the business of selling tangible
personal property, other than personal property titled or
registered with an agency of this State's government, at
retail in the county on the gross receipts from the sales
made in the course of business to provide revenue to be used
exclusively for public safety purposes in that county, if a
proposition for the tax has been submitted to the electors of
that county and approved by a majority of those voting on the
question. If imposed, this tax shall be imposed only in
one-quarter percent increments. By resolution, the county
board may order the proposition to be submitted at any
election. The county clerk shall certify the question to the
proper election authority, who shall submit the proposition
at an election in accordance with the general election law.
The proposition shall be in substantially the following
form:
"Shall (name of county) be authorized to impose a
public safety tax at the rate of .... upon all persons
engaged in the business of selling tangible personal
property at retail in the county on gross receipts from
the sales made in the course of their business to be used
for crime prevention, detention, and other public safety
purposes?"
Votes shall be recorded as Yes or No. If a majority of the
electors voting on the proposition vote in favor of it, the
county may impose the tax.
This additional tax may not be imposed on the sales of
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages,
soft drinks, and food which has been prepared for immediate
consumption) and prescription and non-prescription medicines,
drugs, medical appliances and insulin, urine testing
materials, syringes, and needles used by diabetics. The tax
imposed by a county under this Section and all civil
penalties that may be assessed as an incident of the tax
shall be collected and enforced by the Illinois Department of
Revenue. The certificate of registration that is issued by
the Department to a retailer under the Retailers' Occupation
Tax Act shall permit the retailer to engage in a business
that is taxable without registering separately with the
Department under an ordinance or resolution under this
Section. The Department has full power to administer and
enforce this Section, to collect all taxes and penalties due
under this Section, to dispose of taxes and penalties so
collected in the manner provided in this Section, and to
determine all rights to credit memoranda arising on account
of the erroneous payment of a tax or penalty under this
Section. In the administration of and compliance with this
Section, the Department and persons who are subject to this
Section shall (i) have the same rights, remedies, privileges,
immunities, powers, and duties, (ii) be subject to the same
conditions, restrictions, limitations, penalties, and
definitions of terms, and (iii) employ the same modes of
procedure as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e,
1f, 1i, 1j, 2, 2-5, 2-5.5, 2-10 (in respect to all provisions
contained in those Sections other than the State rate of
tax), 2-15 through 2-70, 2a, 2b, 2c, 3 (except provisions
relating to transaction returns and quarter monthly
payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k,
5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the
Retailers' Occupation Tax Act and Section 3-7 of the Uniform
Penalty and Interest Act as if those provisions were set
forth in this Section.
Persons subject to any tax imposed under the authority
granted in this Section may reimburse themselves for their
sellers' tax liability by separately stating the tax as an
additional charge, which charge may be stated in combination,
in a single amount, with State tax which sellers are required
to collect under the Use Tax Act, pursuant to such bracketed
schedules as the Department may prescribe.
Whenever the Department determines that a refund should
be made under this Section to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the County Public Safety Retailers'
Occupation Tax Fund.
(b) If a tax has been imposed under subsection (a), a
service occupation tax shall also be imposed at the same rate
upon all persons engaged, in the county, in the business of
making sales of service, who, as an incident to making those
sales of service, transfer tangible personal property within
the county as an incident to a sale of service. This tax may
not be imposed on sales of food for human consumption that is
to be consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks, and food prepared for
immediate consumption) and prescription and non-prescription
medicines, drugs, medical appliances and insulin, urine
testing materials, syringes, and needles used by diabetics.
The tax imposed under this subsection and all civil penalties
that may be assessed as an incident thereof shall be
collected and enforced by the Department of Revenue. The
Department has full power to administer and enforce this
subsection; to collect all taxes and penalties due hereunder;
to dispose of taxes and penalties so collected in the manner
hereinafter provided; and to determine all rights to credit
memoranda arising on account of the erroneous payment of tax
or penalty hereunder. In the administration of, and
compliance with this subsection, the Department and persons
who are subject to this paragraph shall (i) have the same
rights, remedies, privileges, immunities, powers, and duties,
(ii) be subject to the same conditions, restrictions,
limitations, penalties, exclusions, exemptions, and
definitions of terms, and (iii) employ the same modes of
procedure as are prescribed in Sections 1a-1, 2 (except that
the reference to State in the definition of supplier
maintaining a place of business in this State shall mean the
county), 2a, 3 through 3-50 (in respect to all provisions
therein other than the State rate of tax), 4 (except that the
reference to the State shall be to the county), 5, 7, 8
(except that the jurisdiction to which the tax shall be a
debt to the extent indicated in that Section 8 shall be the
county), 9 (except as to the disposition of taxes and
penalties collected, and except that the returned merchandise
credit for this tax may not be taken against any State tax),
10, 11, 12 (except the reference therein to Section 2b of the
Retailers' Occupation Tax Act), 13 (except that any reference
to the State shall mean the county), the first paragraph of
Section 15, 16, 17, 18, 19 and 20 of the Service Occupation
Tax Act and Section 3-7 of the Uniform Penalty and Interest
Act, as fully as if those provisions were set forth herein.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
serviceman's tax liability by separately stating the tax as
an additional charge, which charge may be stated in
combination, in a single amount, with State tax that
servicemen are authorized to collect under the Service Use
Tax Act, in accordance with such bracket schedules as the
Department may prescribe.
Whenever the Department determines that a refund should
be made under this subsection to a claimant instead of
issuing a credit memorandum, the Department shall notify the
State Comptroller, who shall cause the warrant to be drawn
for the amount specified, and to the person named, in the
notification from the Department. The refund shall be paid
by the State Treasurer out of the County Public Safety
Retailers' Occupation Fund.
Nothing in this subsection shall be construed to
authorize the county to impose a tax upon the privilege of
engaging in any business which under the Constitution of the
United States may not be made the subject of taxation by the
State.
(c) The Department shall immediately pay over to the
State Treasurer, ex officio, as trustee, all taxes and
penalties collected under this Section to be deposited into
the County Public Safety Retailers' Occupation Tax Fund,
which shall be an unappropriated trust fund held outside of
the State treasury. On or before the 25th day of each
calendar month, the Department shall prepare and certify to
the Comptroller the disbursement of stated sums of money to
the counties from which retailers have paid taxes or
penalties to the Department during the second preceding
calendar month. The amount to be paid to each county shall
be the amount (not including credit memoranda) collected
under this Section during the second preceding calendar month
by the Department plus an amount the Department determines is
necessary to offset any amounts that were erroneously paid to
a different taxing body, and not including (i) an amount
equal to the amount of refunds made during the second
preceding calendar month by the Department on behalf of the
county and (ii) any amount that the Department determines is
necessary to offset any amounts that were payable to a
different taxing body but were erroneously paid to the
county. Within 10 days after receipt by the Comptroller of
the disbursement certification to the counties provided for
in this Section to be given to the Comptroller by the
Department, the Comptroller shall cause the orders to be
drawn for the respective amounts in accordance with
directions contained in the certification.
In addition to the disbursement required by the preceding
paragraph, an allocation shall be made in March of each year
to each county that received more than $500,000 in
disbursements under the preceding paragraph in the preceding
calendar year. The allocation shall be in an amount equal to
the average monthly distribution made to each such county
under the preceding paragraph during the preceding calendar
year (excluding the 2 months of highest receipts). The
distribution made in March of each year subsequent to the
year in which an allocation was made pursuant to this
paragraph and the preceding paragraph shall be reduced by the
amount allocated and disbursed under this paragraph in the
preceding calendar year. The Department shall prepare and
certify to the Comptroller for disbursement the allocations
made in accordance with this paragraph.
(d) For the purpose of determining the local
governmental unit whose tax is applicable, a retail sale by a
producer of coal or another mineral mined in Illinois is a
sale at retail at the place where the coal or other mineral
mined in Illinois is extracted from the earth. This
paragraph does not apply to coal or another mineral when it
is delivered or shipped by the seller to the purchaser at a
point outside Illinois so that the sale is exempt under the
United States Constitution as a sale in interstate or foreign
commerce.
(e) Nothing in this Section shall be construed to
authorize a county to impose a tax upon the privilege of
engaging in any business that under the Constitution of the
United States may not be made the subject of taxation by this
State.
(e-5) If a county imposes a tax under this Section, the
county board may, by ordinance, discontinue or lower the rate
of the tax. If the county board lowers the tax rate or
discontinues the tax, a referendum must be held in accordance
with subsection (a) of this Section in order to increase the
rate of the tax or to reimpose the discontinued tax.
(f) The results of any election authorizing a
proposition to impose a tax under this Section or effecting a
change in the rate of tax, or any ordinance lowering the rate
or discontinuing the tax, shall be certified by the county
clerk and filed with the Illinois Department of Revenue on or
before the first day of June. The Illinois Department of
Revenue shall then proceed to administer and enforce this
Section or to lower the rate or discontinue the tax, as the
case may be, as of the first day of January next following
the filing.
(g) When certifying the amount of a monthly disbursement
to a county under this Section, the Department shall increase
or decrease the amounts by an amount necessary to offset any
miscalculation of previous disbursements. The offset amount
shall be the amount erroneously disbursed within the previous
6 months from the time a miscalculation is discovered.
(h) This Section may be cited as the "Special County
Occupation Tax For Public Safety Law".
(i) For purposes of this Section, "public safety"
includes but is not limited to fire fighting, police,
medical, ambulance, or other emergency services.
(Source: P.A. 89-107, eff. 1-1-96; 89-718, eff. 3-7-97;
90-190, eff. 7-24-97; 90-267, eff. 7-30-97; 90-552, eff.
12-12-97; 90-562, eff. 12-16-97; revised 12-30-97.)
(55 ILCS 5/5-1012) (from Ch. 34, par. 5-1012)
Sec. 5-1012. Issuance of county bonds. When the county
board of any county deems it necessary to issue county bonds
to enable them to perform any of the duties imposed upon them
by law, they may, by an order, entered of record, specifying
the amount of bonds required, and the object for which they
are to be issued, submit to the legal voters of their county,
at any election, the question of issuing such county bonds.
The county board shall certify the question to the proper
election officials who shall submit the question at an
election in accordance with the general election law. The
amount of the bonds so issued shall not exceed, including the
then existing indebtedness of the county, 5.75% of on the
value of such taxable property of such county, as ascertained
by the assessment for the State and county tax for the
preceding year or, until January 1, 1983, if greater, the sum
that is produced by multiplying the county's 1978 equalized
assessed valuation by the debt limitation percentage in
effect on January 1, 1979. The proposition shall be in
substantially the following form: "For county bonds", or
"Against county bonds", and if a majority of the votes on
that question shall be "For county bonds", such county board
may issue such bonds in such denominations as the county
board may determine of not less than $25 each, payable
respectively, in not less than one, nor more than 20 years,
with interest payable annually or semi-annually, at the rate
of not more than the greater of (i) the maximum rate
authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, or (ii) 8% per annum.
This Section shall not require submission to the voters of
the county of bond issues authorized to be issued without
such submission to the voters under Section 5-1027 or 5-1062
or under Division 5-33, 6-6, 6-8 or 6-27 of this Code.
With respect to instruments for the payment of money
issued under this Section or its predecessor either before,
on, or after the effective date of Public Act 86-4, it is and
always has been the intention of the General Assembly (i)
that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Act or "An Act to revise the law in
relation to counties", approved March 31, 1874, that may
appear to be or to have been more restrictive than those
Acts, (ii) that the provisions of this Section or its
predecessor are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that
instruments issued under this Section or its predecessor
within the supplementary authority granted by the Omnibus
Bond Acts are not invalid because of any provision of this
Act or "An Act to revise the law in relation to counties",
approved March 31, 1874, that may appear to be or to have
been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028; 86-1463; revised 12-18-97.)
(55 ILCS 5/5-1093) (from Ch. 34, par. 5-1093)
Sec. 5-1093. Federal funds. A county board may receive
funds from the United States government under the Housing and
Community Development Act of 1974, Public Law 93-383; the
National Affordable Housing Act of 1990, Public Law 101-625;
and the Housing and Community Development Act of 1992, Public
Law 102-550 and may disburse those funds and other county
funds for community development and other housing program
activities.
The powers granted by this Section shall not be exercised
within the boundaries of any city, village or incorporated
town unless the approval of the corporate authorities of such
municipality is first obtained.
The powers granted by this Section are in addition to
powers otherwise possessed by a county and shall not be
construed as as a limitations of such other powers.
(Source: P.A. 88-28; revised 12-18-97.)
(55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
Sec. 5-12001. Authority to regulate and restrict
location and use of structures.
For the purpose of promoting the public health, safety,
morals, comfort and general welfare, conserving the values of
property throughout the county, lessening or avoiding
congestion in the public streets and highways, and lessening
or avoiding the hazards to persons and damage to property
resulting from the accumulation or runoff of storm or flood
waters, the county board or board of county commissioners, as
the case may be, of each county, shall have the power to
regulate and restrict the location and use of buildings,
structures and land for trade, industry, residence and other
uses which may be specified by such board, to regulate and
restrict the intensity of such uses, to establish building or
setback lines on or along any street, trafficway, drive,
parkway or storm or floodwater runoff channel or basin
outside the limits of cities, villages and incorporated towns
which have in effect municipal zoning ordinances; to divide
the entire county outside the limits of such cities, villages
and incorporated towns into districts of such number, shape,
area and of such different classes, according to the use of
land and buildings, the intensity of such use (including
height of buildings and structures and surrounding open
space) and other classification as may be deemed best suited
to carry out the purposes of this Division; to prohibit uses,
buildings or structures incompatible with the character of
such districts respectively; and to prevent additions to and
alteration or remodeling of existing buildings or structures
in such a way as to avoid the restrictions and limitations
lawfully imposed hereunder: Provided, that permits with
respect to the erection, maintenance, repair, alteration,
remodeling or extension of buildings or structures used or to
be used for agricultural purposes shall be issued free of any
charge. The corporate authorities of the county may by
ordinance require the construction of fences around or
protective covers over previously constructed artificial
basins of water dug in the ground and used for swimming or
wading, which are located on private residential property and
intended for the use of the owner and guests. In all
ordinances or resolutions passed under the authority of this
Division, due allowance shall be made for existing
conditions, the conservation of property values, the
directions of building development to the best advantage of
the entire county, and the uses to which property is devoted
at the time of the enactment of any such ordinance or
resolution.
The powers by this Division given shall not be exercised
so as to deprive the owner of any existing property of its
use or maintenance for the purpose to which it is then
lawfully devoted; nor shall they be exercised so as to impose
regulations or require permits with respect to land used for
agricultural purposes, which includes the growing of farm
crops, truck garden crops, animal and poultry husbandry,
apiculture, aquaculture, dairying, floriculture,
horticulture, nurseries, tree farms, sod farms, pasturage,
viticulture, and wholesale greenhouses when such
agricultural purposes constitute the principal activity on
the land, other than parcels of land consisting of less than
5 acres from which $1,000 or less of agricultural products
were sold in any calendar year in counties with a population
between 300,000 and 400,000 or in counties contiguous to a
county with a population between 300,000 and 400,000, and
other than parcels of land consisting of less than 5 acres in
counties with a population in excess of 400,000, or with
respect to the erection, maintenance, repair, alteration,
remodeling or extension of buildings or structures used or to
be used for agricultural purposes upon such land except that
such buildings or structures for agricultural purposes may be
required to conform to building or set back lines and
counties may establish a minimum lot size for residences on
land used for agricultural purposes; nor shall any such
powers be so exercised as to prohibit the temporary use of
land for the installation, maintenance and operation of
facilities used by contractors in the ordinary course of
construction activities, except that such facilities may be
required to be located not less than 1,000 feet from any
building used for residential purposes, and except that the
period of such temporary use shall not exceed the duration of
the construction contract; nor shall any such powers include
the right to specify or regulate the type or location of any
poles, towers, wires, cables, conduits, vaults, laterals or
any other similar distributing equipment of a public utility
as defined in the Public utilities Act, if the public utility
is subject to the Messages Tax Act, the Gas Revenue Tax Act
or the Public Utilities Revenue Act, or if such facilities or
equipment are located on any rights of way and are used for
railroad purposes, nor shall any such powers be exercised in
any respect as to the facilities, as defined in Section
5-12001.1, of a telecommunications carrier, as also defined
therein, except to the extent and in the manner set forth in
Section 5-12001.1. As used in this Act, "agricultural
purposes" do not include the extraction of sand, gravel or
limestone, and such activities may be regulated by county
zoning ordinance even when such activities are related to an
agricultural purpose.
Nothing in this Division shall be construed to restrict
the powers granted by statute to cities, villages and
incorporated towns as to territory contiguous to but outside
of the limits of such cities, villages and incorporated
towns. Any zoning ordinance enacted by a city, village or
incorporated town shall supersede, with respect to territory
within the corporate limits of the municipality, any county
zoning plan otherwise applicable. The powers granted to
counties by this Division shall be treated as in addition to
powers conferred by statute to control or approve maps, plats
or subdivisions. In this Division, "agricultural purposes"
include, without limitation, the growing, developing,
processing, conditioning, or selling of hybrid seed corn,
seed beans, seed oats, or other farm seeds.
Nothing in this Division shall be construed to prohibit
the corporate authorities of a county from adopting an
ordinance that exempts pleasure driveways or park districts,
as defined in the Park District Code, with a population of
greater than 100,000, from the exercise of the county's
powers under this Division.
(Source: P.A. 89-654, eff. 8-14-96; 90-261, eff. 1-1-98;
90-522, eff. 1-1-98; revised 11-4-97.)
(55 ILCS 5/5-30004) (from Ch. 34, par. 5-30004)
Sec. 5-30004. Authority to protect and preserve
landmarks and preservation districts. The county board of
each county shall have the following authority:
(1) to establish and appoint by ordinance a preservation
study committee and to take any reasonable temporary actions
to protect potential landmarks and preservation districts
during the term of an appointed preservation study committee;
(2) to establish and appoint by ordinance a preservation
commission upon recommendation of a preservation study
committee;
(3) to conduct an ongoing survey of the county to
identify buildings, structures, areas, sites and landscapes
that are of historic, archaeological, architectural, or
scenic significance, and therefore potential landmarks or
preservation districts;
(4) to designate by ordinance landmarks and preservation
districts upon the recommendation of a preservation
commission and to establish a system of markers, plaques or
certificates for designated landmarks and preservation
districts;
(5) to prepare maps showing the location of landmarks
and preservation districts, publish educational information,
and prepare educational programs concerning landmarks and
preservation districts and their designation and protection;
(6) to exercise any of the powers and authority in
relation to regional planning and zoning granted counties by
Divisions 5-12 and 5-14, for the purpose of protecting,
preserving and continuing the use of landmarks and
preservation districts;
(7) to nominate landmarks and historic districts to any
state or federal registers of historic places;
(8) to appropriate and expend funds to carry out the
purposes of this Division;
(9) to review applications for construction, alteration,
removal or demolition affecting landmarks or property within
preservation districts;
(10) to acquire by negotiated purchase any interest
including conservation rights in landmarks or in property
within preservation districts, or property immediately
adjacent to or surrounding landmarks or preservation
districts;
(11) to apply for and accept any gift, grant or bequest
from any private or public source, including agencies of the
federal or State government, for any purpose authorized by
this Division;
(12) to establish a system for the transfer of
development rights including, as appropriate, a mechanism for
the deposit of development rights in a development rights
bank, and for the transfer of development rights from that
development rights bank in the same manner as authorized for
municipalities by Section 11-48.2-2 11-48.2 of the Illinois
Municipal Code. All receipts arising from the transfer shall
be deposited in a special county account to be applied
against expenditures necessitated by the county program for
the designation and protection of landmarks and preservation
districts. Any development rights acquired, sold or
transferred from a development rights bank, shall not be a
"security" as that term is defined in Section 2.1 of The
Illinois Securities Law of 1953, and shall be exempt from all
requirements for the registration of securities.
(13) to establish a loan or grant program from any
source of funds for designated landmarks and preservation
districts and to issue interest bearing revenue bonds or
general obligation bonds pursuant to ordinance enacted by the
county board, after compliance with requirements for
referendum, payable from the revenues to be derived from the
operation of any landmark or of any property within a
preservation district;
(14) to abate real property taxes on any landmark or
property within a preservation district to encourage its
preservation and continued use or to provide relief for
owners unduly burdened by designation;
(15) to advise and assist owners of landmarks and
property within preservation districts on physical and
financial aspects of preservation, renovation, rehabilitation
and reuse;
(16) to advise cities, villages or incorporated towns,
upon request of the appropriate official of the municipality,
concerning enactment of ordinances to protect landmarks or
preservation districts;
(17) to exercise within the boundaries of any city,
village, or incorporated town any of the powers and authority
granted counties by this Division so long as the corporate
authorities by ordinance or by intergovernmental agreement
pursuant to the Intergovernmental Cooperation Act, or
pursuant to Article 7, Section 10 of the Constitution of the
State of Illinois have authorized the county preservation
commission established by authority of this Division to
designate landmarks or preservation districts within its
corporate boundaries, and such county preservation commission
shall have only those powers, duties and legal authority
provided in this Division;
(18) to exercise any of the above powers to preserve and
protect property owned by any unit of local government
including counties, or to review alteration, construction,
demolition or removal undertaken by any unit of local
government including counties that affect landmarks and
preservation districts.
(19) to exercise any other power or authority necessary
or appropriate to carrying out the purposes of this Division,
including those powers and authorities listed in Sections
5-30010 and 5-30011.
(Source: P.A. 86-962; revised 12-18-97.)
(55 ILCS 5/5-30011) (from Ch. 34, par. 5-30011)
Sec. 5-30011. Authority of preservation commission.
Every preservation commission established by ordinance of the
county board pursuant to the report and recommendations of
the preservation study committee shall have the following
powers and authority:
(1) To conduct an ongoing survey of the county to
identify buildings, structures, areas, sites and landscapes
that are of historic, archaeological, architectural, or
scenic significance, and therefore potential landmarks or
preservation districts;
(2) To hold public hearings and recommend to the county
board the designation of landmarks or preservation districts
identified in the survey;
(3) To compile information concerning and prepare
descriptions of, the landmarks or preservation districts
identified and recommended for designation, and the
characteristics that meet the standards for designation;
(4) To prepare, keep current, and publish a map or maps
showing the locations and exact boundaries of both proposed
and designated landmarks and preservation districts, and, if
the preservation commission so chooses, the locations and
boundaries of designated State or federal landmarks or
districts;
(5) To keep a register of all designated landmarks and
preservation districts;
(6) To establish an appropriate system of markers or
plaques for all designated landmarks and preservation
districts, and for streets, roads and highways leading from
one landmark or preservation district to another and to
confer recognition upon the owners of landmarks or property
within preservation districts by means of certificates,
plaques or markers;
(7) To nominate landmarks and historic districts to any
state or federal registers of historic places;
(8) To advise advice and assist owners of landmarks and
property within preservation districts on physical and
financial aspects of preservation, renovation, rehabilitation
and reuse, and on procedures for inclusion on any state or
federal register of historic places;
(9) To inform and educate the citizens of the county
concerning the historic, archaeological, architectural, or
scenic heritage of the county by publishing appropriate maps,
newsletters, brochures and pamphlets, and by holding programs
and seminars;
(10) To hold public hearings and to review applications
for construction, alteration, removal or demolition affecting
landmarks or property within preservation districts and issue
or deny certificates of appropriateness for such actions;
(11) To consider applications for certificates of
economic hardship that would allow the performance of work
for which a certificate of appropriateness may be, or has
been denied;
(12) To develop specific criteria and guidelines for the
proper alteration, construction, demolition or removal of
landmarks, or of property within preservation districts;
(13) To review proposed amendments to zoning
regulations, applications for special uses or applications
for zoning variations that affect any landmark or
preservation district. Proposed zoning amendments,
applications for special use or zoning variations that affect
any landmark or preservation district as defined in the
ordinance establishing the preservation commission shall be
transmitted to the preservation commission for review and
comment prior to the date of the hearing by the county
regional plan commission or zoning board of appeals;
(14) To administer on behalf of the county board any
property, or full or partial interest in real property,
including a conservation right, which the county may have or
accept as a gift or otherwise, upon designation by the county
board;
(15) To accept and administer on behalf of the county
board such gifts, grants and money or other personal property
as may be appropriate for the purposes of this Division. Such
money may be expended for publishing maps and brochures, or
for hiring staff persons or consultants or performing
otherwise appropriate functions for the purpose of carrying
out the duties and powers of the preservation commission and
the purposes of this Division;
(16) To administer any system established by the county
board for the transfer of development rights;
(17) To call upon available county agencies and staff
members as well as other experts for technical advice;
(18) To retain such specialists or consultants, or to
appoint such citizen, neighborhood or area advisory
committees, as may be required from time to time;
(19) To testify before all boards and commissions
including any county regional plan commission, and the zoning
board of appeal on any matter affecting potential or
designated landmarks or preservation districts;
(20) To periodically review any county comprehensive
plan and to develop a preservation component in any
comprehensive plan of the county and to recommend it to the
county regional plan commission and the county board;
(21) To periodically consult with the county zoning
administrator and review any county zoning ordinance and
building code and to recommend to the county regional plan
commission and the county board any amendments appropriate
for the protection and continued use of landmarks or property
within preservation districts;
(22) To adopt rules and procedures for operation of the
preservation commission and the conduct of hearings and
meetings;
(23) To undertake any other action or activity necessary
or appropriate to the implementation of its powers and
duties, or to implementation of the purposes of this
Division.
(Source: P.A. 86-962; revised 12-18-97.)
(55 ILCS 5/6-5002) (from Ch. 34, par. 6-5002)
Sec. 6-5002. Resolution authorizing bonds. The resolution
authorizing the issuance of such bonds shall specify the
total amount of bonds to be issued, the form and denomination
of the bonds, the date they are to bear, the place where they
are payable, the date or dates of maturity, which shall not
be more than 20 years after the date the bonds bear, the rate
of interest which shall not exceed the maximum rate
authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and the dates on which
interest is payable.
Such resolution shall prescribe all the details of the
bonds and shall provide for the levy and collection of a
direct annual tax upon all taxable property within the county
sufficient to pay the principal thereof at maturity and to
pay the interest thereon as it falls due, which tax shall not
be subject to any statutory limitations relative to taxes
which may be extended for county purposes.
With respect to instruments for the payment of money
issued under this Section or its predecessor either before,
on, or after the effective date of Public Act 86-4, it is and
always has been the intention of the General Assembly (i)
that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of these Sections 6-5001 through 6-5005 or "An Act
to authorize the issuance of bonds by a county having more
than 500,000 inhabitants for the purchase of voting machines,
and to provide for the payment therefor", approved July 20,
1949, that may appear to be or to have been more restrictive
than those Acts, (ii) that the provisions of this Section or
its predecessor are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that
instruments issued under this Section or its predecessor
within the supplementary authority granted by the Omnibus
Bond Acts are not invalid because of any provision of these
Sections 6-5001 through 6-5005 or "An Act to authorize the
issuance of bonds by a county having more than 500,000
inhabitants ihabitants for the purchase of voting machines,
and to provide for the payment therefor", approved July 20,
1949, that may appear to be or to have been more restrictive
than those Acts.
(Source: P.A. 86-962; 86-1028; revised 7-21-97.)
(55 ILCS 5/6-12003) (from Ch. 34, par. 6-12003)
Sec. 6-12003. Issuance of bonds; maturity. All bonds
issued under the provisions of this Division shall be signed
in the name of the county by the chairman of the county board
and shall be countersigned by the county clerk and shall have
the seal of the county attached thereto. Such bonds shall
mature at such time or times as is fixed by said county board
provided that all of such bonds shall mature within 20 years
from their date and bear interest at not to exceed the
maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, payable
annually or semi-annually, and may be sold as the county
board may direct at not less than par and accrued interest,
and the proceeds derived from the sale thereof shall be used
solely and only for the payment of such claims, or the bonds
may be exchanged par for par for such claims, such bonds may
be delivered from time to time or all at one time.
With respect to instruments for the payment of money
issued under this Section or its predecessor either before,
on, or after the effective date of Public Act 86-4, it is and
always has been the intention of the General Assembly (i)
that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Division or "An Act to authorize any county
having a population of less than 5,000 to issue funding bonds
and to provide for the validation validaton of claims to be
paid by or from the proceeds of such bonds, and to provide
for a tax to pay the principal and interest of said bonds",
approved August 15, 1961, that may appear to be or to have
been more restrictive than those Acts, (ii) that the
provisions of this Section or its predecessor are not a
limitation on the supplementary authority granted by the
Omnibus Bond Acts, and (iii) that instruments issued under
this Section or its predecessor within the supplementary
authority granted by the Omnibus Bond Acts are not invalid
because of any provision of this Division or "An Act to
authorize any county having a population of less than 5,000
to issue funding bonds and to provide for the validation of
claims to be paid by or from the proceeds of such bonds, and
to provide for a tax to pay the principal and interest of
said bonds", approved August 15, 1961, that may appear to be
or to have been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028; revised 7-21-97.)
Section 53. The County Economic Development Project Area
Property Tax Allocation Act is amended by changing Sections 3
and 8 as follows:
(55 ILCS 85/3) (from Ch. 34, par. 7003)
Sec. 3. Definitions. In this Act, words or terms shall
have the following meanings unless the context usage clearly
indicates that another meaning is intended.
(a) "Department" means the Department of Commerce and
Community Affairs.
(b) "Economic development plan" means the written plan
of a county which sets forth an economic development program
for an economic development project area. Each economic
development plan shall include but not be limited to (1)
estimated economic development project costs, (2) the sources
of funds to pay such costs, (3) the nature and term of any
obligations to be issued by the county to pay such costs, (4)
the most recent equalized assessed valuation of the economic
development project area, (5) an estimate of the equalized
assessed valuation of the economic development project area
after completion of the economic development plan, (6) the
estimated date of completion of any economic development
project proposed to be undertaken, (7) a general description
of any proposed developer, user, or tenant of any property to
be located or improved within the economic development
project area, (8) a description of the type, structure and
general character of the facilities to be developed or
improved in the economic development project area, (9) a
description of the general land uses to apply in the economic
development project area, (10) a description of the type,
class and number of employees to be employed in the operation
of the facilities to be developed or improved in the economic
development project area and (11) a commitment by the county
to fair employment practices and an affirmative action plan
with respect to any economic development program to be
undertaken by the county.
(c) "Economic development project" means any development
project in furtherance of the objectives of this Act.
(d) "Economic development project area" means any
improved or vacant area which is located within the corporate
limits of a county and which (1) is within the unincorporated
area of such county, or, with the consent of any affected
municipality, is located partially within the unincorporated
area of such county and partially within one or more
municipalities, (2) is contiguous, (3) is not less in the
aggregate than 100 acres, (4) is suitable for siting by any
commercial, manufacturing, industrial, research or
transportation enterprise of facilities to include but not be
limited to commercial businesses, offices, factories, mills,
processing plants, assembly plants, packing plants,
fabricating plants, industrial or commercial distribution
centers, warehouses, repair overhaul or service facilities,
freight terminals, research facilities, test facilities or
transportation facilities, whether or not such area has been
used at any time for such facilities and whether or not the
area has been used or is suitable for such facilities and
whether or not the area has been used or is suitable for
other uses, including commercial agricultural purposes, and
(5) which has been certified by the Department pursuant to
this Act.
(e) "Economic development project costs" means and
includes the sum total of all reasonable or necessary costs
incurred by a county incidental to an economic development
project, including, without limitation, the following:
(1) Costs of studies, surveys, development of plans
and specifications, implementation and administration of
an economic development plan, personnel and professional
service costs for architectural, engineering, legal,
marketing, financial, planning, sheriff, fire, public
works or other services, provided that no charges for
professional services may be based on a percentage of
incremental tax revenue;
(2) Property assembly costs within an economic
development project area, including but not limited to
acquisition of land and other real or personal property
or rights or interests therein, and specifically
including payments to developers or other
non-governmental persons as reimbursement for property
assembly costs incurred by such developer or other
non-governmental person;
(3) Site preparation costs, including but not
limited to clearance of any area within an economic
development project area by demolition or removal of any
existing buildings, structures, fixtures, utilities and
improvements and clearing and grading; and including
installation, repair, construction, reconstruction, or
relocation of public streets, public utilities, and other
public site improvements within or without an economic
development project area which are essential to the
preparation of the economic development project area for
use in accordance with an economic development plan; and
specifically including payments to developers or other
non-governmental persons as reimbursement for site
preparation costs incurred by such developer or
non-governmental person;
(4) Costs of renovation, rehabilitation,
reconstruction, relocation, repair or remodeling of any
existing buildings, improvements, and fixtures within an
economic development project area, and specifically
including payments to developers or other
non-governmental persons as reimbursement for such costs
incurred by such developer or non-governmental person;
(5) Costs of construction within an economic
development project area of public improvements,
including but not limited to, buildings, structures,
works, improvements, utilities or fixtures;
(6) Financing costs, including but not limited to
all necessary and incidental expenses related to the
issuance of obligations, payment of any interest on any
obligations issued hereunder which accrues during the
estimated period of construction of any economic
development project for which such obligations are issued
and for not exceeding 36 months thereafter, and any
reasonable reserves related to the issuance of such
obligations;
(7) All or a portion of a taxing district's capital
costs resulting from an economic development project
necessarily incurred or estimated to be incurred by a
taxing district in the furtherance of the objectives of
an economic development project, to the extent that the
county by written agreement accepts, approves and agrees
to incur or to reimburse such costs;
(8) Relocation costs to the extent that a county
determines that relocation costs shall be paid or is
required to make payment of relocation costs by federal
or State law;
(9) The estimated tax revenues from real property
in an economic development project area acquired by a
county which, according to the economic development plan,
is to be used for a private use and which any taxing
district would have received had the county not adopted
property tax allocation financing for an economic
development project area and which would result from such
taxing district's levies made after the time of the
adoption by the county of property tax allocation
financing to the time the current equalized assessed
value of real property in the economic development
project area exceeds the total initial equalized value of
real property in that area;
(10) Costs of rebating ad valorem taxes paid by any
developer or other nongovernmental person in whose name
the general taxes were paid for the last preceding year
on any lot, block, tract or parcel of land in the
economic development project area, provided that:
(i) such economic development project area is
located in an enterprise zone created pursuant to
the Illinois Enterprise Zone Act;
(ii) such ad valorem taxes shall be rebated
only in such amounts and for such tax year or years
as the county and any one or more affected taxing
districts shall have agreed by prior written
agreement;
(iii) any amount of rebate of taxes shall not
exceed the portion, if any, of taxes levied by the
county or such taxing district or districts which is
attributable to the increase in the current
equalized assessed valuation of each taxable lot,
block, tract or parcel of real property in the
economic development project area over and above the
initial equalized assessed value of each property
existing at the time property tax allocation
financing was adopted for said economic development
project area; and
(iv) costs of rebating ad valorem taxes shall
be paid by a county solely from the special tax
allocation fund established pursuant to this Act and
shall be paid from the proceeds of any obligations
issued by a county.
(11) Costs of job training, advanced vocational
education or career education programs, including but not
limited to courses in occupational, semi-technical or
technical fields leading directly to employment, incurred
by one or more taxing districts, provided that such costs
are related to the establishment and maintenance of
additional job training, advanced vocational education or
career education programs for persons employed or to be
employed by employers located in an economic development
project area, and further provided, that when such costs
are incurred by a taxing district or taxing districts
other than the county, they shall be set forth in a
written agreement by or among the county and the taxing
district or taxing districts, which agreement describes
the program to be undertaken, including, but not limited
to, the number of employees to be trained, a description
of the training and services to be provided, the number
and type of positions available or to be available,
itemized costs of the program and sources of funds to pay
the same, and the term of the agreement. Such costs
include, specifically, the payment by community college
districts of costs pursuant to Section 3-37, 3-38, 3-40
and 3-40.1 of the Public Community College Act and by
school districts of costs pursuant to Sections 10-22.20
and 10-23.3a 10-23.2a of the School Code;
(12) Private financing costs incurred by developers
or other non-governmental persons in connection with an
economic development project, and specifically including
payments to developers or other non-governmental persons
as reimbursement for such costs incurred by such
developer or other non-governmental persons provided
that:
(A) private financing costs shall be paid or
reimbursed by a county only pursuant to the prior
official action of the county evidencing an intent
to pay such private financing costs;
(B) except as provided in subparagraph (D) of
this Section, the aggregate amount of such costs
paid or reimbursed by a county in any one year shall
not exceed 30% of such costs paid or incurred by
such developer or other non-governmental person in
that year;
(C) private financing costs shall be paid or
reimbursed by a county solely from the special tax
allocation fund established pursuant to this Act and
shall not be paid or reimbursed from the proceeds of
any obligations issued by a county;
(D) if there are not sufficient funds
available in the special tax allocation fund in any
year to make such payment or reimbursement in full,
any amount of such private financing costs remaining
to be paid or reimbursed by a county shall accrue
and be payable when funds are available in the
special tax allocation fund to make such payment;
and
(E) in connection with its approval and
certification of an economic development project
pursuant to Section 5 of this Act, the Department
shall review any agreement authorizing the payment
or reimbursement by a county of private financing
costs in its consideration of the impact on the
revenues of the county and the affected taxing
districts of the use of property tax allocation
financing.
(f) "Obligations" means any instrument evidencing the
obligation of a county to pay money, including without
limitation, bonds, notes, installment or financing contracts,
certificates, tax anticipation warrants or notes, vouchers,
and any other evidence of indebtedness.
(g) "Taxing districts" means municipalities, townships,
counties, and school, road, park, sanitary, mosquito
abatement, forest preserve, public health, fire protection,
river conservancy, tuberculosis sanitarium and any other
county corporations or districts with the power to levy taxes
on real property.
(Source: P.A. 86-1388; revised 12-18-97.)
(55 ILCS 85/8) (from Ch. 34, par. 7008)
Sec. 8. Issuance of obligations for economic development
project costs. Obligations secured by the special tax
allocation fund provided for in Section 7 for an economic
development project area may be issued to provide for
economic development project costs. Those obligations, when
so issued, shall be retired in the manner provided in the
ordinance authorizing the issuance of the obligations by the
receipts of taxes levied as specified in Section 6 against
the taxable property included in the economic development
project area and by other revenues designated or pledged by
the county. A county may in the ordinance pledge all or any
part of the funds in and to be deposited in the special tax
allocation fund created pursuant to Section 7 to the payment
of the economic development project costs and obligations.
Whenever a county pledges all of the funds to the credit of a
special tax allocation fund to secure obligations issued or
to be issued to pay economic development project costs, the
county may specifically provide that funds remaining to the
credit of such special tax allocation fund after the payment
of such obligations shall be accounted for annually and shall
be deemed to be "surplus" funds, and such "surplus" funds
shall be distributed as hereinafter provided. Whenever a
county pledges less than all of the monies to the credit of a
special tax allocation fund to secure obligations issued or
to be issued to pay economic development project costs, the
county shall provide that monies to the credit of a special
tax allocation fund and not subject to such pledge or
otherwise encumbered or required for payment of contractual
obligations for specified economic development project costs
shall be calculated annually and shall be deemed to be
"surplus" funds, and such "surplus" funds shall be
distributed as hereinafter provided. All funds to the credit
of a special tax allocation fund which are deemed to be
"surplus" funds shall be distributed annually within 180 days
after the close of the county's fiscal year by being paid by
the county treasurer to the county collector. The county
collector shall thereafter make distribution to the
respective taxing districts in the same manner and proportion
as the most recent distribution by the county collector to
those taxing districts of real property taxes from real
property in the economic development project area.
Without limiting the foregoing in this Section the county
may, in addition to obligations secured by the special tax
allocation fund, pledge for a period not greater than the
term of the obligations towards payment of those obligations
any part or any combination of the following: (i) net
revenues of all or part of any economic development project;
(ii) taxes levied and collected on any or all property in the
county, including, specifically, taxes levied or imposed by
the county in a special service area pursuant to "An Act to
provide the manner of levying or imposing taxes for the
provision of special services to areas within the boundaries
of home rule units and non-home rule municipalities and
counties", approved September 21, 1973; (iii) the full faith
and credit of the county; (iv) a mortgage on part or all of
the economic development project; or (v) any other taxes or
anticipated receipts that the county may lawfully pledge.
Such obligations may be issued in one or more series
bearing interest at such rate or rates as the corporate
authorities of the county shall determine by ordinance, which
rate or rates may be variable or fixed, without regard to any
limitations contained in any law now in effect or hereafter
adopted. Such obligations shall bear such date or dates,
mature at such time or times not exceeding 20 years from
their respective dates, but in no event exceeding 23 years
from the date of establishment of the economic development
project area, be in such denomination, be in such form,
whether coupon, registered or book-entry, carry such
registration, conversion and exchange privileges, be executed
in such manner, be payable in such medium of payment at such
place or places within or without the State of Illinois,
contain such covenants, terms and conditions, be subject to
redemption with or without premium, be subject to defeasance
upon such terms, and have such rank or priority, as such
ordinance shall provide. Obligations issued pursuant to this
Act may be sold at public or private sale at such price as
shall be determined by the corporate authorities of the
counties. Such obligations may, but need not, be issued
utilizing the provisions of any one or more of the omnibus
bond Acts specified in Section 1.33 of "An Act to revise the
law in relation to the construction of the statutes",
approved March 5, 1874, as such term is defined in the
Statute on Statutes. No referendum approval of the electors
shall be required as a condition to the issuance of
obligations pursuant to this Act except as provided in this
Section.
In the event the county (i) authorizes the issuance of
obligations pursuant to the authority of this Act and secured
by the full faith and credit of the county or (ii) pledges
taxes levied and collected on any or all property in the
county, which obligations or taxes are not obligations or
taxes authorized under home rule powers pursuant to Section 6
of Article VII of the Illinois Constitution of 1970, or are
not obligations or taxes authorized under "An Act to provide
the manner of levying or imposing taxes for the provision of
special services to areas within the boundaries of home rule
units and non-home rule municipalities and counties",
approved September 21, 1973, the ordinance authorizing the
issuance of those obligations or pledging those taxes shall
be published within 10 days after the ordinance has been
adopted, in one or more newspapers having a general
circulation within the county. The publication of the
ordinance shall be accompanied by a notice of (1) the
specific number of voters required to sign a petition
requesting the questions of the issuance of the obligations
or pledging ad valorem taxes to be submitted to the electors;
(2) the time within which the petition must be filed; and (3)
the date of the prospective referendum. The county clerk
shall provide a petition form to any individual requesting
one.
If no petition is filed with the county clerk, as
hereinafter provided in this Section, within 21 days after
the publication of the ordinance, the ordinance shall be in
effect. However, if within that 21 day period a petition is
filed with the county clerk, signed by electors numbering not
less than 5% of the number of legal voters who voted at the
last general election in such county, asking that the
question of issuing obligations using the full faith and
credit of the county as security for the cost of paying for
economic development project costs, or of pledging ad valorem
taxes for the payment of those obligations, or both, be
submitted to the electors of the county, the county shall not
be authorized to issue obligations of the county using the
full faith and credit of the county as security or pledging
ad valorem taxes for the payment of those obligations, or
both, until the proposition has been submitted to and
approved by a majority of the voters voting on the
proposition at a regularly scheduled election. The county
shall certify the proposition to the proper election
authorities for submission in accordance with the general
election law.
The ordinance authorizing the obligations may provide
that the obligations shall contain a recital that they are
issued pursuant to this Act, which recital shall be
conclusive evidence of their validity and of the regularity
of their issuance.
In the event the county authorizes issuance of
obligations pursuant to this Act secured by the full faith
and credit of the county, the ordinance authorizing the
obligations may provide for the levy and collection of a
direct annual tax upon all taxable property within the county
sufficient to pay the principal thereof and interest thereon
as it matures, which levy may be in addition to and exclusive
of the maximum of all other taxes authorized to be levied by
the county, which levy, however, shall be abated to the
extent that monies from other sources are available for
payment of the obligations and the county certifies the
amount of those monies available to the county clerk.
A certified copy of the ordinance shall be filed with the
county clerk and shall constitute the authority for the
extension and collection of the taxes to be deposited in the
special tax allocation fund.
A county may also issue its obligations to refund, in
whole or in part, obligations theretofore issued by the
county under the authority of this Act, whether at or prior
to maturity. However, the last maturity of the refunding
obligations shall not be expressed to mature later than 23
years from the date of the ordinance establishing the
economic development project area.
In the event a county issues obligations under home rule
powers and other legislative authority, including
specifically, "An Act to provide the manner of levying or
imposing taxes for the provisions of special services to
areas within the boundaries of home rule units and non-home
rule municipalities and counties", approved September 21,
1973, the proceeds of which are pledged to pay for economic
development project costs, the county may, if it has followed
the procedures in conformance with this Act, retire those
obligations from funds in the special tax allocation fund in
amount and in such manner as if those obligations had been
issued pursuant to the provisions of this Act.
No obligations issued pursuant to this Act shall be
regarded as indebtedness of the county issuing those
obligations for the purpose of any limitation imposed by law.
Obligations issued pursuant to this Act shall not be
subject to the provisions of the Bond Authorization Act "An
Act to authorize public corporations to issue bonds, other
evidences of indebtedness and tax anticipation warrants
subject to interest rate limitations set forth therein",
approved May 26, 1979.
(Source: P.A. 86-1388; revised 12-18-97.)
Section 55. The Township Code is amended by changing
Sections 70-15 and 145-20 as follows:
(60 ILCS 1/70-15)
Sec. 70-15. Chief executive officer; fiscal duties;
penalty for neglect.
(a) The supervisor is the chief executive officer of the
township.
(b) The supervisor shall receive and pay out all moneys
raised in the township for defraying township charges, except
those raised for the support of highways and bridges, and for
township library purposes.
(c) The supervisor shall, within 30 days before the
annual township meeting, prepare and file with the township
clerk a full statement of the financial affairs of the
township, showing (i) the balance (if any) received by the
supervisor from his or her predecessor in office or from any
other source; (ii) the amount of tax levied the preceding
year for the payment of township indebtedness and charges;
(iii) the amount collected and paid over to the supervisor as
supervisor; (iv) the amount paid out by the supervisor and on
what account, including any amount paid out on township
indebtedness, specifying the nature and amount of the
township indebtedness, the amount paid on the indebtedness,
the amount paid on principal, and the amount paid on interest
account; and (v) the amount and kind of all outstanding
indebtedness due and unpaid, the amount and kind of
indebtedness not yet due, and when the indebtedness not yet
due will mature. The township clerk shall record the
statement in the record book of the township as soon as it is
filed and shall post a copy of the statement at the place of
holding the annual township meeting 2 days before the meeting
is held. The clerk shall also read aloud the statement to the
electors at the annual township meeting.
(d) Any supervisor or township clerk who wilfully
neglects to comply with this Section shall forfeit and pay to
the township the sum of not less than $50 nor more than $200.
The amount forfeited shall be sued for and recovered by the
township in its corporate name and shall be appropriated to
repairs of highways and bridges in the township.
(Source: P.A. 87-847; 88-62; revised 12-18-97.)
(60 ILCS 1/145-20)
Sec. 145-20. "Building" or "purchasing" a township hall,
as used in this Article, means the purchasing of real estate
upon which to build the township hall or upon which the the
township hall is situated, as well as to build or purchase
the township hall.
(Source: P.A. 88-62; revised 7-17-97.)
Section 56. The Illinois Municipal Code is amended by
changing Sections 8-4-15, 8-11-2, 9-2-78, 10-2.1-6,
10-2.1-14, 11-6-2, 11-19.2-1, 11-74-2, 11-74.6-10, and
11-119.1-12 as follows:
(65 ILCS 5/8-4-15) (from Ch. 24, par. 8-4-15)
Sec. 8-4-15. The ordinance authorizing such refunding
revenue bonds shall prescribe all the details thereof and the
bonds shall be in such form and denomination, payable at such
places, bear such date and be executed by such officials as
may be provided in the bond ordinance. The ordinance also
shall determine the period of usefulness of the utility. The
refunding revenue bonds shall mature within the determined
period of usefulness of the utility and shall mature, in any
event, within not to exceed 40 years from their date, and may
be made callable on any interest payment date at a price of
par and accrued interest, after notice shall be given by
publication or otherwise at any time or times and in the
manner as may be provided for in the bond ordinance.
The ordinance may contain such covenants and restrictions
upon the issuance of additional refunding revenue bonds, or
revenue bonds for the improvement and extension of such
utility or facility as may be deemed necessary or advisable
for the assurance of the payment of the refunding revenue
bonds thereby authorized. Such bonds shall be payable solely
from the revenues derived from such municipally-owned utility
or facility and such bonds shall not, in any event,
constitute an indebtedness of the municipality within the
meaning of any constitutional or statutory limitation, and it
shall be plainly stated on the face of each bond that it does
not constitute an indebtedness of the municipality within the
meaning of any constitutional or statutory limitation, and it
shall be plainly stated on the face of each bond that it does
not constitute an indebtedness of the municipality within any
constitutional or statutory provision or limitation.
The validity of any refunding revenue bonds shall remain
unimpaired, although one or more of the officials executing
the same shall cease to be such officer or officers before
delivery thereof, and such bonds shall have all the qualities
of negotiable instruments under the Law Merchant and Article
3 of the Uniform Commercial Code.
(Source: P.A. 76-826; revised 12-18-97.)
(65 ILCS 5/8-11-2) (from Ch. 24, par. 8-11-2)
(Text of Section before amendment by P.A. 90-561)
Sec. 8-11-2. The corporate authorities of any
municipality may tax any or all of the following occupations
or privileges:
1. Persons engaged in the business of transmitting
messages by means of electricity or radio magnetic waves,
or fiber optics, at a rate not to exceed 5% of the gross
receipts from that business originating within the
corporate limits of the municipality.
2. Persons engaged in the business of distributing,
supplying, furnishing, or selling gas for use or
consumption within the corporate limits of a municipality
of 500,000 or fewer population, and not for resale, at a
rate not to exceed 5% of the gross receipts therefrom.
2a. Persons engaged in the business of
distributing, supplying, furnishing, or selling gas for
use or consumption within the corporate limits of a
municipality of over 500,000 population, and not for
resale, at a rate not to exceed 8% of the gross receipts
therefrom. If imposed, this tax shall be paid in monthly
payments.
3. Persons engaged in the business of distributing,
supplying, furnishing, or selling electricity for use or
consumption within the corporate limits of the
municipality, and not for resale, at a rate not to exceed
5% of the gross receipts therefrom.
4. Persons engaged in the business of distributing,
supplying, furnishing, or selling water for use or
consumption within the corporate limits of the
municipality, and not for resale, at a rate not to exceed
5% of the gross receipts therefrom.
None of the taxes authorized by this Section may be
imposed with respect to any transaction in interstate
commerce or otherwise to the extent to which the business may
not, under the constitution and statutes of the United
States, be made the subject of taxation by this State or any
political sub-division thereof; nor shall any persons engaged
in the business of distributing, supplying, furnishing, or
selling gas, water, or electricity, or engaged in the
business of transmitting messages be subject to taxation
under the provisions of this Section for those transactions
that are or may become subject to taxation under the
provisions of the "Municipal Retailers' Occupation Tax Act"
authorized by Section 8-11-1; nor shall any tax authorized by
this Section be imposed upon any person engaged in a business
unless the tax is imposed in like manner and at the same rate
upon all persons engaged in businesses of the same class in
the municipality, whether privately or municipally owned or
operated.
Any of the taxes enumerated in this Section may be in
addition to the payment of money, or value of products or
services furnished to the municipality by the taxpayer as
compensation for the use of its streets, alleys, or other
public places, or installation and maintenance therein,
thereon or thereunder of poles, wires, pipes or other
equipment used in the operation of the taxpayer's business.
(a) If the corporate authorities of any home rule
municipality have adopted an ordinance that imposed a tax on
public utility customers, between July 1, 1971, and October
1, 1981, on the good faith belief that they were exercising
authority pursuant to Section 6 of Article VII of the 1970
Illinois Constitution, that action of the corporate
authorities shall be declared legal and valid,
notwithstanding a later decision of a judicial tribunal
declaring the ordinance invalid. No municipality shall be
required to rebate, refund, or issue credits for any taxes
described in this paragraph, and those taxes shall be deemed
to have been levied and collected in accordance with the
Constitution and laws of this State.
(b) In any case in which (i) prior to October 19, 1979,
the corporate authorities of any municipality have adopted an
ordinance imposing a tax authorized by this Section (or by
the predecessor provision of the "Revised Cities and Villages
Act") and have explicitly or in practice interpreted gross
receipts to include either charges added to customers' bills
pursuant to the provision of paragraph (a) of Section 36 of
the Public Utilities Act or charges added to customers' bills
by taxpayers who are not subject to rate regulation by the
Illinois Commerce Commission for the purpose of recovering
any of the tax liabilities or other amounts specified in such
paragraph (a) of Section 36 of that Act, and (ii) on or after
October 19, 1979, a judicial tribunal has construed gross
receipts to exclude all or part of those charges, then
neither those municipality nor any taxpayer who paid the tax
shall be required to rebate, refund, or issue credits for any
tax imposed or charge collected from customers pursuant to
the municipality's interpretation prior to October 19, 1979.
This paragraph reflects a legislative finding that it would
be contrary to the public interest to require a municipality
or its taxpayers to refund taxes or charges attributable to
the municipality's more inclusive interpretation of gross
receipts prior to October 19, 1979, and is not intended to
prescribe or limit judicial construction of this Section. The
legislative finding set forth in this subsection does not
apply to taxes imposed after the effective date of this
amendatory Act of 1995.
(c) (Blank).
(d) For the purpose of the taxes enumerated in this
Section:
"Gross receipts" means the consideration received for the
transmission of messages, the consideration received for
distributing, supplying, furnishing or selling gas for use or
consumption and not for resale, and the consideration
received for distributing, supplying, furnishing or selling
electricity for use or consumption and not for resale, and
the consideration received for distributing, supplying,
furnishing or selling water for use or consumption and not
for resale, and for all services rendered in connection
therewith valued in money, whether received in money or
otherwise, including cash, credit, services and property of
every kind and material and for all services rendered
therewith, and shall be determined without any deduction on
account of the cost of transmitting such messages, without
any deduction on account of the cost of the service, product
or commodity supplied, the cost of materials used, labor or
service cost, or any other expenses whatsoever. "Gross
receipts" shall not include that portion of the consideration
received for distributing, supplying, furnishing, or selling
gas, electricity, or water to, or for the transmission of
messages for, business enterprises described in paragraph (e)
of this Section to the extent and during the period in which
the exemption authorized by paragraph (e) is in effect or for
school districts or units of local government described in
paragraph (f) during the period in which the exemption
authorized in paragraph (f) is in effect. "Gross receipts"
shall not include amounts paid by telecommunications
retailers under the Telecommunications Municipal
Infrastructure Maintenance Fee Act.
For utility bills issued on or after May 1, 1996, but
before May 1, 1997, and for receipts from those utility
bills, "gross receipts" does not include one-third of (i)
amounts added to customers' bills under Section 9-222 of the
Public Utilities Act, or (ii) amounts added to customers'
bills by taxpayers who are not subject to rate regulation by
the Illinois Commerce Commission for the purpose of
recovering any of the tax liabilities described in Section
9-222 of the Public Utilities Act. For utility bills issued
on or after May 1, 1997, but before May 1, 1998, and for
receipts from those utility bills, "gross receipts" does not
include two-thirds of (i) amounts added to customers' bills
under Section 9-222 of the Public Utilities Act, or (ii)
amount added to customers' bills by taxpayers who are not
subject to rate regulation by the Illinois Commerce
Commission for the purpose of recovering any of the tax
liabilities described in Section 9-222 of the Public
Utilities Act. For utility bills issued on or after May 1,
1998, and for receipts from those utility bills, "gross
receipts" does not include (i) amounts added to customers'
bills under Section 9-222 of the Public Utilities Act, or
(ii) amounts added to customers' bills by taxpayers who are
not subject to rate regulation by the Illinois Commerce
Commission for the purpose of recovering any of the tax
liabilities described in Section 9-222 of the Public
Utilities Act.
For purposes of this Section "gross receipts" shall not
include (i) amounts added to customers' bills under Section
9-221 of the Public Utilities Act, or (ii) charges added to
customers' bills to recover the surcharge imposed under the
Emergency Telephone System Act. This paragraph is not
intended to nor does it make any change in the meaning of
"gross receipts" for the purposes of this Section, but is
intended to remove possible ambiguities, thereby confirming
the existing meaning of "gross receipts" prior to the
effective date of this amendatory Act of 1995.
The words "transmitting messages", in addition to the
usual and popular meaning of person to person communication,
shall include the furnishing, for a consideration, of
services or facilities (whether owned or leased), or both, to
persons in connection with the transmission of messages where
those persons do not, in turn, receive any consideration in
connection therewith, but shall not include such furnishing
of services or facilities to persons for the transmission of
messages to the extent that any such services or facilities
for the transmission of messages are furnished for a
consideration, by those persons to other persons, for the
transmission of messages.
"Person" as used in this Section means any natural
individual, firm, trust, estate, partnership, association,
joint stock company, joint adventure, corporation, municipal
corporation or political subdivision of this State, or a
receiver, trustee, guardian or other representative appointed
by order of any court.
"Public utility" shall have the meaning ascribed to it in
Section 3-105 of the Public Utilities Act and shall include
telecommunications carriers as defined in Section 13-202 of
that Act.
In the case of persons engaged in the business of
transmitting messages through the use of mobile equipment,
such as cellular phones and paging systems, the gross
receipts from the business shall be deemed to originate
within the corporate limits of a municipality only if the
address to which the bills for the service are sent is within
those corporate limits. If, however, that address is not
located within a municipality that imposes a tax under this
Section, then (i) if the party responsible for the bill is
not an individual, the gross receipts from the business shall
be deemed to originate within the corporate limits of the
municipality where that party's principal place of business
in Illinois is located, and (ii) if the party responsible for
the bill is an individual, the gross receipts from the
business shall be deemed to originate within the corporate
limits of the municipality where that party's principal
residence in Illinois is located.
(e) Any municipality that imposes taxes upon public
utilities pursuant to this Section whose territory includes
any part of an enterprise zone or federally designated
Foreign Trade Zone or Sub-Zone may, by a majority vote of its
corporate authorities, exempt from those taxes for a period
not exceeding 20 years any specified percentage of gross
receipts of public utilities received from business
enterprises that:
(1) either (i) make investments that cause the
creation of a minimum of 200 full-time equivalent jobs in
Illinois, (ii) make investments of at least $175,000,000
that cause the creation of a minimum of 150 full-time
equivalent jobs in Illinois, or (iii) make investments
that cause the retention of a minimum of 1,000 full-time
jobs in Illinois; and
(2) are either (i) located in an Enterprise Zone
established pursuant to the Illinois Enterprise Zone Act
or (ii) Department of Commerce and Community Affairs
designated High Impact Businesses located in a federally
designated Foreign Trade Zone or Sub-Zone; and
(3) are certified by the Department of Commerce and
Community Affairs as complying with the requirements
specified in clauses (1) and (2) of this paragraph (e).
Upon adoption of the ordinance authorizing the exemption,
the municipal clerk shall transmit a copy of that ordinance
to the Department of Commerce and Community Affairs. The
Department of Commerce and Community Affairs shall determine
whether the business enterprises located in the municipality
meet the criteria prescribed in this paragraph. If the
Department of Commerce and Community Affairs determines that
the business enterprises meet the criteria, it shall grant
certification. The Department of Commerce and Community
Affairs shall act upon certification requests within 30 days
after receipt of the ordinance.
Upon certification of the business enterprise by the
Department of Commerce and Community Affairs, the Department
of Commerce and Community Affairs shall notify the Department
of Revenue of the certification. The Department of Revenue
shall notify the public utilities of the exemption status of
the gross receipts received from the certified business
enterprises. Such exemption status shall be effective within
3 months after certification.
(f) A municipality that imposes taxes upon public
utilities under this Section and whose territory includes
part of another unit of local government or a school district
may by ordinance exempt the other unit of local government or
school district from those taxes.
(g) The amendment of this Section by Public Act 84-127
shall take precedence over any other amendment of this
Section by any other amendatory Act passed by the 84th
General Assembly before the effective date of Public Act
84-127.
(h) In any case in which, before July 1, 1992, a person
engaged in the business of transmitting messages through the
use of mobile equipment, such as cellular phones and paging
systems, has determined the municipality within which the
gross receipts from the business originated by reference to
the location of its transmitting or switching equipment, then
(i) neither the municipality to which tax was paid on that
basis nor the taxpayer that paid tax on that basis shall be
required to rebate, refund, or issue credits for any such tax
or charge collected from customers to reimburse the taxpayer
for the tax and (ii) no municipality to which tax would have
been paid with respect to those gross receipts if the
provisions of this amendatory Act of 1991 had been in effect
before July 1, 1992, shall have any claim against the
taxpayer for any amount of the tax.
(Source: P.A. 89-325, eff. 1-1-96; 90-16, eff. 6-16-97;
90-562, eff. 12-16-97.)
(Text of Section after amendment by P.A. 90-561)
Sec. 8-11-2. The corporate authorities of any
municipality may tax any or all of the following occupations
or privileges:
1. Persons engaged in the business of transmitting
messages by means of electricity or radio magnetic waves,
or fiber optics, at a rate not to exceed 5% of the gross
receipts from that business originating within the
corporate limits of the municipality.
2. Persons engaged in the business of distributing,
supplying, furnishing, or selling gas for use or
consumption within the corporate limits of a municipality
of 500,000 or fewer population, and not for resale, at a
rate not to exceed 5% of the gross receipts therefrom.
2a. Persons engaged in the business of
distributing, supplying, furnishing, or selling gas for
use or consumption within the corporate limits of a
municipality of over 500,000 population, and not for
resale, at a rate not to exceed 8% of the gross receipts
therefrom. If imposed, this tax shall be paid in monthly
payments.
3. The privilege of using or consuming electricity
acquired in a purchase at retail and used or consumed
within the corporate limits of the municipality at rates
not to exceed the following maximum rates, calculated on
a monthly basis for each purchaser:
(i) For the first 2,000 kilowatt-hours used or
consumed in a month; 0.61 cents per kilowatt-hour;
(ii) For the next 48,000 kilowatt-hours used or
consumed in a month; 0.40 cents per kilowatt-hour;
(iii) For the next 50,000 kilowatt-hours used or
consumed in a month; 0.36 cents per kilowatt-hour;
(iv) For the next 400,000 kilowatt-hours used or
consumed in a month; 0.35 cents per kilowatt-hour;
(v) For the next 500,000 kilowatt-hours used or
consumed in a month; 0.34 cents per kilowatt-hour;
(vi) For the next 2,000,000 kilowatt-hours used or
consumed in a month; 0.32 cents per kilowatt-hour;
(vii) For the next 2,000,000 kilowatt-hours used or
consumed in a month; 0.315 cents per kilowatt-hour;
(viii) For the next 5,000,000 kilowatt-hours used
or consumed in a month; 0.31 cents per kilowatt-hour;
(ix) For the next 10,000,000 kilowatt-hours used or
consumed in a month; 0.305 cents per kilowatt-hour; and
(x) For all electricity used or consumed in excess
of 20,000,000 kilowatt-hours in a month, 0.30 cents per
kilowatt-hour.
If a municipality imposes a tax at rates lower than
either the maximum rates specified in this Section or the
alternative maximum rates promulgated by the Illinois
Commerce Commission, as provided below, the tax rates
shall be imposed upon the kilowatt hour categories set
forth above with the same proportional relationship as
that which exists among such maximum rates.
Notwithstanding the foregoing, until December 31, 2008,
no municipality shall establish rates that are in excess
of rates reasonably calculated to produce revenues that
equal the maximum total revenues such municipality could
have received under the tax authorized by this
subparagraph in the last full calendar year prior to the
effective date of Section 65 of this amendatory Act of
1997; provided that this shall not be a limitation on the
amount of tax revenues actually collected by such
municipality.
Upon the request of the corporate authorities of a
municipality, the Illinois Commerce Commission shall,
within 90 days after receipt of such request, promulgate
alternative rates for each of these kilowatt-hour
categories that will reflect, as closely as reasonably
practical for that municipality, the distribution of the
tax among classes of purchasers as if the tax were based
on a uniform percentage of the purchase price of
electricity. A municipality that has adopted an
ordinance imposing a tax pursuant to subparagraph 3 as it
existed prior to the effective date of Section 65 of this
amendatory Act of 1997 may, rather than imposing the tax
permitted by this amendatory Act of 1997, continue to
impose the tax pursuant to that ordinance with respect to
gross receipts received from residential customers
through July 31, 1999, and with respect to gross receipts
from any non-residential customer until the first bill
issued to such customer for delivery services in
accordance with Section 16-104 of the Public Utilities
Act but in no case later than the last bill issued to
such customer before December 31, 2000. No ordinance
imposing the tax permitted by this amendatory Act of 1997
shall be applicable to any non-residential customer until
the first bill issued to such customer for delivery
services in accordance with Section 16-104 of the Public
Utilities Act but in no case later than the last bill
issued to such non-residential customer before December
31, 2000.
4. Persons engaged in the business of distributing,
supplying, furnishing, or selling water for use or
consumption within the corporate limits of the
municipality, and not for resale, at a rate not to exceed
5% of the gross receipts therefrom.
None of the taxes authorized by this Section may be
imposed with respect to any transaction in interstate
commerce or otherwise to the extent to which the business or
privilege may not, under the constitution and statutes of the
United States, be made the subject of taxation by this State
or any political sub-division thereof; nor shall any persons
engaged in the business of distributing, supplying,
furnishing, selling or transmitting gas, water, or
electricity, or engaged in the business of transmitting
messages, or using or consuming electricity acquired in a
purchase at retail, be subject to taxation under the
provisions of this Section for those transactions that are or
may become subject to taxation under the provisions of the
"Municipal Retailers' Occupation Tax Act" authorized by
Section 8-11-1; nor shall any tax authorized by this Section
be imposed upon any person engaged in a business or on any
privilege unless the tax is imposed in like manner and at the
same rate upon all persons engaged in businesses of the same
class in the municipality, whether privately or municipally
owned or operated, or exercising the same privilege within
the municipality.
Any of the taxes enumerated in this Section may be in
addition to the payment of money, or value of products or
services furnished to the municipality by the taxpayer as
compensation for the use of its streets, alleys, or other
public places, or installation and maintenance therein,
thereon or thereunder of poles, wires, pipes or other
equipment used in the operation of the taxpayer's business.
(a) If the corporate authorities of any home rule
municipality have adopted an ordinance that imposed a tax on
public utility customers, between July 1, 1971, and October
1, 1981, on the good faith belief that they were exercising
authority pursuant to Section 6 of Article VII of the 1970
Illinois Constitution, that action of the corporate
authorities shall be declared legal and valid,
notwithstanding a later decision of a judicial tribunal
declaring the ordinance invalid. No municipality shall be
required to rebate, refund, or issue credits for any taxes
described in this paragraph, and those taxes shall be deemed
to have been levied and collected in accordance with the
Constitution and laws of this State.
(b) In any case in which (i) prior to October 19, 1979,
the corporate authorities of any municipality have adopted an
ordinance imposing a tax authorized by this Section (or by
the predecessor provision of the "Revised Cities and Villages
Act") and have explicitly or in practice interpreted gross
receipts to include either charges added to customers' bills
pursuant to the provision of paragraph (a) of Section 36 of
the Public Utilities Act or charges added to customers' bills
by taxpayers who are not subject to rate regulation by the
Illinois Commerce Commission for the purpose of recovering
any of the tax liabilities or other amounts specified in such
paragraph (a) of Section 36 of that Act, and (ii) on or after
October 19, 1979, a judicial tribunal has construed gross
receipts to exclude all or part of those charges, then
neither those municipality nor any taxpayer who paid the tax
shall be required to rebate, refund, or issue credits for any
tax imposed or charge collected from customers pursuant to
the municipality's interpretation prior to October 19, 1979.
This paragraph reflects a legislative finding that it would
be contrary to the public interest to require a municipality
or its taxpayers to refund taxes or charges attributable to
the municipality's more inclusive interpretation of gross
receipts prior to October 19, 1979, and is not intended to
prescribe or limit judicial construction of this Section. The
legislative finding set forth in this subsection does not
apply to taxes imposed after the effective date of this
amendatory Act of 1995.
(c) The tax authorized by subparagraph 3 shall be
collected from the purchaser by the person maintaining a
place of business in this State who delivers the electricity
to the purchaser. This tax shall constitute a debt of the
purchaser to the person who delivers the electricity to the
purchaser and if unpaid, is recoverable in the same manner as
the original charge for delivering the electricity. Any tax
required to be collected pursuant to an ordinance authorized
by subparagraph 3 and any such tax collected by a person
delivering electricity shall constitute a debt owed to the
municipality by such person delivering the electricity,
provided, that the person delivering electricity shall be
allowed credit for such tax related to deliveries of
electricity the charges for which are written off as
uncollectible, and provided further, that if such charges are
thereafter collected, the delivering supplier shall be
obligated to remit such tax. For purposes of this subsection
(c), any partial payment not specifically identified by the
purchaser shall be deemed to be for the delivery of
electricity. Persons delivering electricity shall collect the
tax from the purchaser by adding such tax to the gross charge
for delivering the electricity, in the manner prescribed by
the municipality. Persons delivering electricity shall also
be authorized to add to such gross charge an amount equal to
3% of the tax to reimburse the person delivering electricity
for the expenses incurred in keeping records, billing
customers, preparing and filing returns, remitting the tax
and supplying data to the municipality upon request. If the
person delivering electricity fails to collect the tax from
the purchaser, then the purchaser shall be required to pay
the tax directly to the municipality in the manner prescribed
by the municipality. Persons delivering electricity who file
returns pursuant to this paragraph (c) shall, at the time of
filing such return, pay the municipality the amount of the
tax collected pursuant to subparagraph 3.
(d) For the purpose of the taxes enumerated in this
Section:
"Gross receipts" means the consideration received for the
transmission of messages, the consideration received for
distributing, supplying, furnishing or selling gas for use or
consumption and not for resale, and the consideration
received for distributing, supplying, furnishing or selling
water for use or consumption and not for resale, and for all
services rendered in connection therewith valued in money,
whether received in money or otherwise, including cash,
credit, services and property of every kind and material and
for all services rendered therewith, and shall be determined
without any deduction on account of the cost of transmitting
such messages, without any deduction on account of the cost
of the service, product or commodity supplied, the cost of
materials used, labor or service cost, or any other expenses
whatsoever. "Gross receipts" shall not include that portion
of the consideration received for distributing, supplying,
furnishing, or selling gas, or water to, or for the
transmission of messages for, business enterprises described
in paragraph (e) of this Section to the extent and during the
period in which the exemption authorized by paragraph (e) is
in effect or for school districts or units of local
government described in paragraph (f) during the period in
which the exemption authorized in paragraph (f) is in effect.
"Gross receipts" shall not include amounts paid by
telecommunications retailers under the Telecommunications
Municipal Infrastructure Maintenance Fee Act.
For utility bills issued on or after May 1, 1996, but
before May 1, 1997, and for receipts from those utility
bills, "gross receipts" does not include one-third of (i)
amounts added to customers' bills under Section 9-222 of the
Public Utilities Act, or (ii) amounts added to customers'
bills by taxpayers who are not subject to rate regulation by
the Illinois Commerce Commission for the purpose of
recovering any of the tax liabilities described in Section
9-222 of the Public Utilities Act. For utility bills issued
on or after May 1, 1997, but before May 1, 1998, and for
receipts from those utility bills, "gross receipts" does not
include two-thirds of (i) amounts added to customers' bills
under Section 9-222 of the Public Utilities Act, or (ii)
amount added to customers' bills by taxpayers who are not
subject to rate regulation by the Illinois Commerce
Commission for the purpose of recovering any of the tax
liabilities described in Section 9-222 of the Public
Utilities Act. For utility bills issued on or after May 1,
1998, and for receipts from those utility bills, "gross
receipts" does not include (i) amounts added to customers'
bills under Section 9-222 of the Public Utilities Act, or
(ii) amounts added to customers' bills by taxpayers who are
not subject to rate regulation by the Illinois Commerce
Commission for the purpose of recovering any of the tax
liabilities described in Section 9-222 of the Public
Utilities Act.
For purposes of this Section "gross receipts" shall not
include (i) amounts added to customers' bills under Section
9-221 of the Public Utilities Act, or (ii) charges added to
customers' bills to recover the surcharge imposed under the
Emergency Telephone System Act. This paragraph is not
intended to nor does it make any change in the meaning of
"gross receipts" for the purposes of this Section, but is
intended to remove possible ambiguities, thereby confirming
the existing meaning of "gross receipts" prior to the
effective date of this amendatory Act of 1995.
The words "transmitting messages", in addition to the
usual and popular meaning of person to person communication,
shall include the furnishing, for a consideration, of
services or facilities (whether owned or leased), or both, to
persons in connection with the transmission of messages where
those persons do not, in turn, receive any consideration in
connection therewith, but shall not include such furnishing
of services or facilities to persons for the transmission of
messages to the extent that any such services or facilities
for the transmission of messages are furnished for a
consideration, by those persons to other persons, for the
transmission of messages.
"Person" as used in this Section means any natural
individual, firm, trust, estate, partnership, association,
joint stock company, joint adventure, corporation, limited
liability company, municipal corporation, the State or any of
its political subdivisions, any State university created by
statute, or a receiver, trustee, guardian or other
representative appointed by order of any court.
"Person maintaining a place of business in this State"
shall mean any person having or maintaining within this
State, directly or by a subsidiary or other affiliate, an
office, generation facility, distribution facility,
transmission facility, sales office or other place of
business, or any employee, agent, or other representative
operating within this State under the authority of the person
or its subsidiary or other affiliate, irrespective of whether
such place of business or agent or other representative is
located in this State permanently or temporarily, or whether
such person, subsidiary or other affiliate is licensed or
qualified to do business in this State.
"Public utility" shall have the meaning ascribed to it in
Section 3-105 of the Public Utilities Act and shall include
telecommunications carriers as defined in Section 13-202 of
that Act and alternative retail electric suppliers as defined
in Section 16-102 of that Act.
"Purchase at retail" shall mean any acquisition of
electricity by a purchaser for purposes of use or
consumption, and not for resale, but shall not include the
use of electricity by a public utility directly in the
generation, production, transmission, delivery or sale of
electricity.
"Purchaser" shall mean any person who uses or consumes,
within the corporate limits of the municipality, electricity
acquired in a purchase at retail.
In the case of persons engaged in the business of
transmitting messages through the use of mobile equipment,
such as cellular phones and paging systems, the gross
receipts from the business shall be deemed to originate
within the corporate limits of a municipality only if the
address to which the bills for the service are sent is within
those corporate limits. If, however, that address is not
located within a municipality that imposes a tax under this
Section, then (i) if the party responsible for the bill is
not an individual, the gross receipts from the business shall
be deemed to originate within the corporate limits of the
municipality where that party's principal place of business
in Illinois is located, and (ii) if the party responsible for
the bill is an individual, the gross receipts from the
business shall be deemed to originate within the corporate
limits of the municipality where that party's principal
residence in Illinois is located.
(e) Any municipality that imposes taxes upon public
utilities or upon the privilege of using or consuming
electricity pursuant to this Section whose territory includes
any part of an enterprise zone or federally designated
Foreign Trade Zone or Sub-Zone may, by a majority vote of its
corporate authorities, exempt from those taxes for a period
not exceeding 20 years any specified percentage of gross
receipts of public utilities received from, or electricity
used or consumed by, business enterprises that:
(1) either (i) make investments that cause the
creation of a minimum of 200 full-time equivalent jobs in
Illinois, (ii) make investments of at least $175,000,000
that cause the creation of a minimum of 150 full-time
equivalent jobs in Illinois, or (iii) make investments
that cause the retention of a minimum of 1,000 full-time
jobs in Illinois; and
(2) are either (i) located in an Enterprise Zone
established pursuant to the Illinois Enterprise Zone Act
or (ii) Department of Commerce and Community Affairs
designated High Impact Businesses located in a federally
designated Foreign Trade Zone or Sub-Zone; and
(3) are certified by the Department of Commerce and
Community Affairs as complying with the requirements
specified in clauses (1) and (2) of this paragraph (e).
Upon adoption of the ordinance authorizing the exemption,
the municipal clerk shall transmit a copy of that ordinance
to the Department of Commerce and Community Affairs. The
Department of Commerce and Community Affairs shall determine
whether the business enterprises located in the municipality
meet the criteria prescribed in this paragraph. If the
Department of Commerce and Community Affairs determines that
the business enterprises meet the criteria, it shall grant
certification. The Department of Commerce and Community
Affairs shall act upon certification requests within 30 days
after receipt of the ordinance.
Upon certification of the business enterprise by the
Department of Commerce and Community Affairs, the Department
of Commerce and Community Affairs shall notify the Department
of Revenue of the certification. The Department of Revenue
shall notify the public utilities of the exemption status of
the gross receipts received from, and the electricity used or
consumed by, the certified business enterprises. Such
exemption status shall be effective within 3 months after
certification.
(f) A municipality that imposes taxes upon public
utilities or upon the privilege of using or consuming
electricity under this Section and whose territory includes
part of another unit of local government or a school district
may by ordinance exempt the other unit of local government or
school district from those taxes.
(g) The amendment of this Section by Public Act 84-127
shall take precedence over any other amendment of this
Section by any other amendatory Act passed by the 84th
General Assembly before the effective date of Public Act
84-127.
(h) In any case in which, before July 1, 1992, a person
engaged in the business of transmitting messages through the
use of mobile equipment, such as cellular phones and paging
systems, has determined the municipality within which the
gross receipts from the business originated by reference to
the location of its transmitting or switching equipment, then
(i) neither the municipality to which tax was paid on that
basis nor the taxpayer that paid tax on that basis shall be
required to rebate, refund, or issue credits for any such tax
or charge collected from customers to reimburse the taxpayer
for the tax and (ii) no municipality to which tax would have
been paid with respect to those gross receipts if the
provisions of this amendatory Act of 1991 had been in effect
before July 1, 1992, shall have any claim against the
taxpayer for any amount of the tax.
(Source: P.A. 89-325, eff. 1-1-96; 90-16, eff. 6-16-97;
90-561, eff. 8-1-98; 90-562, eff. 12-16-97; revised
12-29-97.)
(65 ILCS 5/9-2-78) (from Ch. 24, par. 9-2-78)
Sec. 9-2-78. If an appeal is taken on any part of such
judgment, and if the board elects elect to proceed with the
improvement, notwithstanding such an appeal, as provided for
in Section 9-2-102, the clerk shall certify the appealed
portion, from time to time, in the manner above mentioned, as
the judgment is rendered thereon, and the warrant
accompanying this certificate in each case shall be authority
for the collection of so much of the assessment as is
included in the portion of the roll thereto attached.
The warrant in all cases of assessment, under this
Division 2, shall contain a copy of the certificate of the
judgment describing lots, blocks, tracts, and parcels of land
assessed so far as they are contained in the portion of the
roll so certified, and shall state the respective amounts
assessed on each lot, block, tract, or parcel of land, and
shall be delivered to the officer authorized to collect the
special assessment. The collector having a warrant for any
assessment levied to be paid by installments may receive any
or all of the installments of that assessment, but if he
receives only a part of the installments, then he shall
receive them in their numerical order.
(Source: Laws 1961, p. 576; revised 8-7-97.)
(65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
Sec. 10-2.1-6. Examination of applicants;
disqualifications.
(a) All applicants for a position in either the fire or
police department of the municipality shall be under 35 years
of age, shall be subject to an examination that shall be
public, competitive, and open to all applicants (unless the
council or board of trustees by ordinance limit applicants to
electors of the municipality, county, state or nation) and
shall be subject to reasonable limitations as to residence,
health, habits, and moral character. The municipality may
not charge or collect any fee from an applicant who has met
all prequalification standards established by the
municipality for any such position.
(b) Residency requirements in effect at the time an
individual enters the fire or police service of a
municipality (other than a municipality that has more than
1,000,000 inhabitants) cannot be made more restrictive for
that individual during his period of service for that
municipality, or be made a condition of promotion, except for
the rank or position of Fire or Police Chief.
(c) No person with a record of misdemeanor convictions
except those under Sections 11-6, 11-7, 11-9, 11-14, 11-15,
11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3,
24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2,
32-3, 32-4, 32-8, and subsections (1), (6) and (8) of Section
24-1 of the Criminal Code of 1961 or arrested for any cause
but not convicted on that cause shall be disqualified from
taking the examination to qualify for a position in the fire
department on grounds of habits or moral character.
(d) The age limitation in subsection (a) does not apply
(i) to any person previously employed as a policeman or
fireman in a regularly constituted police or fire department
of (I) any municipality or (II) a fire protection district
whose obligations were assumed by a municipality under
Section 21 of the Fire Protection District Act, (ii) to any
person who has served a municipality as a regularly enrolled
volunteer fireman for 5 years immediately preceding the time
that municipality begins to use full time firemen to provide
all or part of its fire protection service, or (iii) to any
person who has served as an auxiliary policeman under Section
3.1-30-20 for at least 5 years and is under 40 years of age.
(e) Applicants who are 20 years of age and who have
successfully completed 2 years of law enforcement studies at
an accredited college or university may be considered for
appointment to active duty with the police department. An
applicant described in this subsection (e) who is appointed
to active duty shall not have power of arrest, nor shall the
applicant be permitted to carry firearms, until he or she
reaches 21 years of age.
(f) Applicants who are 18 years of age and who have
successfully completed 2 years of study in fire techniques,
amounting to a total of 4 high school credits, within the
cadet program of a municipality may be considered for
appointment to active duty with the fire department of any
municipality.
(g) The council or board of trustees may by ordinance
provide that persons residing outside the municipality are
eligible to take the examination.
(h) The examinations shall be practical in character and
relate to those matters that will fairly test the capacity of
the persons examined to discharge the duties of the positions
to which they seek appointment. No person shall be appointed
to the police or fire department if he or she does not
possess a high school diploma or an equivalent high school
education. A board of fire and police commissioners may, by
its rules, require police applicants to have obtained an
associate's degree or a bachelor's degree as a prerequisite
for employment. The examinations shall include tests of
physical qualifications and health. No person shall be
appointed to the police or fire department if he or she has
suffered the amputation of any limb unless the applicant's
duties will be only clerical or as a radio operator. No
applicant shall be examined concerning his or her political
or religious opinions or affiliations. The examinations
shall be conducted by the board of fire and police
commissioners of the municipality as provided in this
Division 2.1.
(i) No person who is classified by his local selective
service draft board as a conscientious objector, or who has
ever been so classified, may be appointed to the police
department.
(j) No person shall be appointed to the police or fire
department unless he or she is a person of good character and
not an habitual drunkard, gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude.
No person, however, shall be disqualified from appointment to
the fire department because of his or her record of
misdemeanor convictions except those under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and
subsections (1), (6) and (8) of Section 24-1 of the Criminal
Code of 1961 or arrest for any cause without conviction on
that cause. Any such person who is in the department may be
removed on charges brought and after a trial as provided in
this Division 2.1.
(Source: P.A. 89-52, eff. 6-30-95; 90-445, eff. 8-16-97;
90-481, eff. 8-17-97; revised 11-17-97.)
(65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
Sec. 10-2.1-14. Register of eligibles. The board of fire
and police commissioners shall prepare and keep a register of
persons whose general average standing, upon examination, is
not less than the minimum fixed by the rules of the board,
and who are otherwise eligible. These persons shall take
rank upon the register as candidates in the order of their
relative excellence as determined by examination, without
reference to priority of time of examination. Applicants who
have been awarded a certificate attesting to their successful
completion of the Minimum Standards Basic Law Enforcement
Training Course, as provided in the Illinois Police Training
Act, may be given preference in appointment over noncertified
applicants.
Within 60 days after each examination, an eligibility
list shall be posted by the board, which shall show the final
grades of the candidates without reference to priority of
time of examination and subject to claim for military credit.
Candidates who are eligible for military credit shall make a
claim in writing within 10 days after the posting of the
eligibility list or such claim shall be deemed waived.
Appointment shall be subject to a final physical examination.
If a person is placed on an eligibility list and becomes
overage before he or she is appointed to a police or fire
department, the person remains eligible for appointment until
the list is abolished pursuant to authorized procedures.
Otherwise no person who has attained the age of 36 years
shall be inducted as a member of a police department and no
person who has attained the age of 35 years shall be inducted
as a member of a fire department, except as otherwise
provided in this division.
(Source: P.A. 89-52, eff. 6-30-95; 90-455, eff. 8-16-97;
90-481, eff. 8-17-97; revised 11-17-97.)
(65 ILCS 5/11-6-2) (from Ch. 24, par. 11-6-2)
Sec. 11-6-2. The corporate authorities of each
municipality may contract with fire protection districts
organized under "An Act to create Fire Protection Districts,"
approved July 8, 1927, as now or hereafter amended, which are
adjacent to the municipality, for the furnishing of fire
protection service for property located within the districts
but outside the limits of the municipality, and may supply
fire protection service to the owners of property which lies
outside the limits of the municipality and may set up by
ordinance a scale of charges changes therefor. The corporate
authorities of any municipality shall provide fire protection
service for public school buildings situated outside the
municipality in accordance with Section 16-10 of "The School
Code".
(Source: P.A. 76-1791; revised 12-18-97.)
(65 ILCS 5/11-19.2-1) (from Ch. 24, par. 11-19.2-1)
Sec. 11-19.2-1. Definitions. As used in this Division,
unless the context requires otherwise:
(a) "Code" means any municipal ordinance that pertains
to or regulates: sanitation practices; forestry practices;
the attachment of bills or notices to public property; the
definition, identification and abatement of public nuisances;
and the accumulation, disposal and transportation of garbage,
refuse and other forms of solid waste in a municipality.
(b) "Sanitation inspector" means a municipal employee
authorized to issue citations for code violations and to
conduct inspections of public or private real property in a
municipality to determine if code violations exist.
(c) "Property owner" means the legal or beneficial owner
of an improved or unimproved parcel of real estate.
(d) "Hearing officer" means a person other than a
sanitation inspector or law enforcement officer having the
following powers and duties:
(1) to preside at an administrative hearing called
to determine whether or not a code violation exists;
(2) to hear testimony and accept evidence from the
sanitation inspector, the respondent and all interested
parties relevant to the existence of a code violation;
(3) to preserve and authenticate the record of the
hearing and all exhibits and evidence introduced at the
hearing;
(4) to issue and sign a written finding, decision
and order stating whether a code violation exists; and
(5) to impose penalties consistent with applicable
code provisions and to assess costs reasonably related to
instituting the proceeding upon finding the respondent
liable for the charged violation, provided, however, that
in no event shall the hearing officer have the authority
to impose a penalty of incarceration.
(e) "Respondent" means a property owner, waste hauler or
other person charged with liability for an alleged code
violation and the person to whom the notice of violation is
directed.
(f) "Solid waste" means demolition materials, food and
industrial processing wastes, garden trash, land cleaning
wastes, mixed refuse, non-combustible refuse, rubbish, and
trash as those terms are defined in Section 1653 of the Solid
Waste Disposal District Act.
(g) "Waste hauler" means any person owning or
controlling any vehicle used to carry or transport garbage,
refuse or other forms of solid waste.
(Source: P.A. 86-1364; revised 8-7-97.)
(65 ILCS 5/11-74-2) (from Ch. 24, par. 11-74-2)
Sec. 11-74-2. Whenever used in this Division 74, unless a
different meaning clearly appears from the context:
(1) "Industrial project" means any (a) capital project,
including one or more buildings and other structures,
improvements, machinery and equipment whether or not on the
same site or sites now existing or hereafter acquired,
suitable for use by any manufacturing, industrial, research,
transportation or commercial enterprise, including but not
limited to, use as a factory, mill, processing plant,
assembly plant, packaging plant, fabricating plant, office
building, industrial distribution center, warehouse, repair,
overhaul or service facility, freight terminal, research
facility, test facility, railroad facility, or commercial
facility, and including also the sites thereof and other
rights in land therefor whether improved or unimproved, site
preparation and landscaping, and all appurtenances and
facilities incidental thereto such as utilities, access
roads, railroad sidings, truck docking and similar
facilities, parking facilities, dockage, wharfage, and other
improvements necessary or convenient thereto; or (b) any
land, buildings, machinery or equipment comprising an
addition to, or renovation, rehabilitation or improvement of
any existing capital project; (c) construction, remodeling or
conversion of a structure to be leased to the Illinois
Department of Corrections for the purposes of its serving as
a correctional institution or facility pursuant to paragraph
(c) of Section 3-2-2 of the Unified Code of Corrections; or
(d) construction, remodeling or conversion of a structure to
be leased to the Department of Central Management Services
for the purpose of serving as a State facility pursuant to
Section 67.25 of the Civil Administrative Code of Illinois.
(2) "Municipality" includes any city, village or
incorporated town in this State.
(Source: P.A. 84-946; revised 7-21-97.)
(65 ILCS 5/11-74.6-10)
Sec. 11-74.6-10. Definitions.
(a) "Environmentally contaminated area" means any
improved or vacant area within the boundaries of a
redevelopment project area located within the corporate
limits of a municipality when, (i) there has been a
determination of release or substantial threat of release of
a hazardous substance or pesticide, by the United States
Environmental Protection Agency or the Illinois Environmental
Protection Agency, or the Illinois Pollution Control Board,
or any court, or a release or substantial threat of release
which is addressed as part of the Pre-Notice Site Cleanup
Program under Section 22.2(m) of the Illinois Environmental
Protection Act, or a release or substantial threat of release
of petroleum under Section 22.12 of the Illinois
Environmental Protection Act, and (ii) which release or
threat of release presents an imminent and substantial danger
to public health or welfare or presents a significant threat
to public health or the environment, and (iii) which release
or threat of release would have a significant impact on the
cost of redeveloping the area.
(b) "Department" means the Department of Commerce and
Community Affairs.
(c) "Industrial park" means an area in a redevelopment
project area suitable for use by any manufacturing,
industrial, research, or transportation enterprise, of
facilities, including but not limited to factories, mills,
processing plants, assembly plants, packing plants,
fabricating plants, distribution centers, warehouses, repair
overhaul or service facilities, freight terminals, research
facilities, test facilities or railroad facilities. An
industrial park may contain space for commercial and other
use as long as the expected principal use of the park is
industrial and is reasonably expected to result in the
creation of a significant number of new permanent full time
jobs. An industrial park may also contain related operations
and facilities including, but not limited to, business and
office support services such as centralized computers,
telecommunications, publishing, accounting, photocopying and
similar activities and employee services such as child care,
health care, food service and similar activities. An
industrial park may also include demonstration projects,
prototype development, specialized training on developing
technology, and pure research in any field related or
adaptable to business and industry.
(d) "Research park" means an area in a redevelopment
project area suitable for development of a facility or
complex that includes research laboratories and related
operations. These related operations may include, but are
not limited to, business and office support services such as
centralized computers, telecommunications, publishing,
accounting, photocopying and similar activities, and employee
services such as child care, health care, food service and
similar activities. A research park may include demonstration
projects, prototype development, specialized training on
developing technology, and pure research in any field related
or adaptable to business and industry.
(e) "Industrial park conservation area" means an area
within the boundaries of a redevelopment project area located
within the corporate limits of a municipality or within 1 1/2
miles of the corporate limits of a municipality if the area
is to be annexed to the municipality, if the area is zoned as
industrial no later than the date on which the municipality
by ordinance designates the redevelopment project area, and
if the area includes improved or vacant land suitable for use
as an industrial park or a research park, or both. To be
designated as an industrial park conservation area, the area
shall also satisfy one of the following standards:
(1) Standard One: The municipality must be a labor
surplus municipality and the area must be served by
adequate public and or road transportation for access by
the unemployed and for the movement of goods or materials
and the redevelopment project area shall contain no more
than 2% of the most recently ascertained equalized
assessed value of all taxable real properties within the
corporate limits of the municipality after adjustment for
all annexations associated with the establishment of the
redevelopment project area or be located in the vicinity
of a waste disposal site or other waste facility. The
project plan shall include a plan for and shall establish
a marketing program to attract appropriate businesses to
the proposed industrial park conservation area and shall
include an adequate plan for financing and construction
of the necessary infrastructure. No redevelopment
projects may be authorized by the municipality under
Standard One of subsection (e) of this Section unless the
project plan also provides for an employment training
project that would prepare unemployed workers for work in
the industrial park conservation area, and the project
has been approved by official action of or is to be
operated by the local community college district, public
school district or state or locally designated private
industry council or successor agency, or
(2) Standard Two: The municipality must be a
substantial labor surplus municipality and the area must
be served by adequate public and or road transportation
for access by the unemployed and for the movement of
goods or materials and the redevelopment project area
shall contain no more than 2% of the most recently
ascertained equalized assessed value of all taxable real
properties within the corporate limits of the
municipality after adjustment for all annexations
associated with the establishment of the redevelopment
project area. No redevelopment projects may be authorized
by the municipality under Standard Two of subsection (e)
of this Section unless the project plan also provides for
an employment training project that would prepare
unemployed workers for work in the industrial park
conservation area, and the project has been approved by
official action of or is to be operated by the local
community college district, public school district or
state or locally designated private industry council or
successor agency.
(f) "Vacant industrial buildings conservation area"
means an area containing one or more industrial buildings
located within the corporate limits of the municipality that
has been zoned industrial for at least 5 years before the
designation of that area as a redevelopment project area by
the municipality and is planned for reuse principally for
industrial purposes. For the area to be designated as a
vacant industrial buildings conservation area, the area shall
also satisfy one of the following standards:
(1) Standard One: The area shall consist of one or
more industrial buildings totaling at least 50,000 net
square feet of industrial space, with a majority of the
total area of all the buildings having been vacant for at
least 18 months; and (A) the area is located in a labor
surplus municipality or a substantial labor surplus
municipality, or (B) the equalized assessed value of the
properties within the area during the last 2 years is at
least 25% lower than the maximum equalized assessed value
of those properties during the immediately preceding 10
years.
(2) Standard Two: The area exclusively consists of
industrial buildings or a building complex operated by a
user or related users (A) that has within the immediately
preceding 5 years either (i) employed 200 or more
employees at that location, or (ii) if the area is
located in a municipality with a population of 12,000 or
less, employed more than 50 employees at that location
and (B) either is currently vacant, or the owner has:
(i) directly notified the municipality of the user's
intention to terminate operations at the facility or (ii)
filed a notice of closure under the Worker Adjustment and
Retraining Notification Act.
(g) "Labor surplus municipality" means a municipality in
which, during the 4 calendar calender years immediately
preceding the date the municipality by ordinance designates
an industrial park conservation area, the average
unemployment rate was 1% or more over the national average
unemployment rate for that same period of time as published
in the United States Department of Labor Bureau of Labor
Statistics publication entitled "The Employment Situation" or
its successor publication. For the purpose of this
subsection (g), if unemployment rate statistics for the
municipality are not available, the unemployment rate in the
municipality shall be deemed to be: (i) for a municipality
that is not in an urban county, the same as the unemployment
rate in the principal county where the municipality is
located or (ii) for a municipality in an urban county at
that municipality's option, either the unemployment rate
certified for the municipality by the Department after
consultation with the Illinois Department of Labor or the
federal Bureau of Labor Statistics, or the unemployment rate
of the municipality as determined by the most recent federal
census if that census was not dated more than 5 years prior
to the date on which the determination is made.
(h) "Substantial labor surplus municipality" means a
municipality in which, during the 5 calendar years
immediately preceding the date the municipality by ordinance
designates an industrial park conservation area, the average
unemployment rate was 2% or more over the national average
unemployment rate for that same period of time as published
in the United States Department of Labor Statistics
publication entitled "The Employment Situation" or its
successor publication. For the purpose of this subsection
(h), if unemployment rate statistics for the municipality are
not available, the unemployment rate in the municipality
shall be deemed to be: (i) for a municipality that is not in
an urban county, the same as the unemployment rate in the
principal county in which the municipality is located; or
(ii) for a municipality in an urban county, at that
municipality's option, either the unemployment rate certified
for the municipality by the Department after consultation
with the Illinois Department of Labor or the federal Bureau
of Labor Statistics, or the unemployment rate of the
municipality as determined by the most recent federal census
if that census was not dated more than 5 years prior to the
date on which the determination is made.
(i) "Municipality" means a city, village or incorporated
town.
(j) "Obligations" means bonds, loans, debentures, notes,
special certificates or other evidence of indebtedness issued
by the municipality to carry out a redevelopment project or
to refund outstanding obligations.
(k) "Payment in lieu of taxes" means those estimated tax
revenues from real property in a redevelopment project area
acquired by a municipality, which according to the
redevelopment project or plan are to be used for a private
use, that taxing districts would have received had a
municipality not adopted tax increment allocation financing
and that would result from levies made after the time of the
adoption of tax increment allocation financing until the time
the current equalized assessed value of real property in the
redevelopment project area exceeds the total initial
equalized assessed value of real property in that area.
(l) "Redevelopment plan" means the comprehensive program
of the municipality for development or redevelopment intended
by the payment of redevelopment project costs to reduce or
eliminate the conditions that qualified the redevelopment
project area as an environmentally contaminated area or
industrial park conservation area, or vacant industrial
buildings conservation area, or combination thereof, and
thereby to enhance the tax bases of the taxing districts that
extend into the redevelopment project area. Each
redevelopment plan must set forth in writing the bases for
the municipal findings required in this subsection, the
program to be undertaken to accomplish the objectives,
including but not limited to: (1) estimated redevelopment
project costs, (2) evidence indicating that the redevelopment
project area on the whole has not been subject to growth and
development through investment by private enterprise, (3)
(i) in the case of an environmentally contaminated area,
industrial park conservation area, or a vacant industrial
buildings conservation area classified under either Standard
One, or Standard Two of subsection (f) where the building is
currently vacant, evidence that implementation of the
redevelopment plan is reasonably expected to create a
significant number of permanent full time jobs, (ii) in the
case of a vacant industrial buildings conservation area
classified under Standard Two (B)(i) or (ii) of subsection
(f), evidence that implementation of the redevelopment plan
is reasonably expected to retain a significant number of
existing permanent full time jobs, and (iii) in the case of a
combination of an environmentally contaminated area,
industrial park conservation area, or vacant industrial
buildings conservation area, evidence that the standards
concerning the creation or retention of jobs for each area
set forth in (i) or (ii) above are met, (4) an assessment of
any financial impact of the redevelopment project area on or
any increased demand for services from any taxing district
affected by the plan and any program to address such
financial impact or increased demand, (5) the sources of
funds to pay costs, (6) the nature and term of the
obligations to be issued, (7) the most recent equalized
assessed valuation of the redevelopment project area, (8) an
estimate of the equalized assessed valuation after
redevelopment and the general land uses that are applied in
the redevelopment project area, (9) a commitment to fair
employment practices and an affirmative action plan, (10) if
it includes an industrial park conservation area, the
following: (i) a general description of any proposed
developer, (ii) user and tenant of any property, (iii) a
description of the type, structure and general character of
the facilities to be developed, and (iv) a description of the
type, class and number of new employees to be employed in the
operation of the facilities to be developed, (11) if it
includes an environmentally contaminated area, the following:
either (i) a determination of release or substantial threat
of release of a hazardous substance or pesticide or of
petroleum by the United States Environmental Protection
Agency or the Illinois Environmental Protection Agency, or
the Illinois Pollution Control Board or any court; or (ii)
both an environmental audit report by a nationally recognized
independent environmental auditor having a reputation for
expertise in these matters and a copy of the signed Review
and Evaluation Services Agreement indicating acceptance of
the site by the Illinois Environmental Protection Agency into
the Pre-Notice Site Cleanup Program, (12) if it includes a
vacant industrial buildings conservation area, the following:
(i) a general description of any proposed developer, (ii)
user and tenant of any building or buildings, (iii) a
description of the type, structure and general character of
the building or buildings to be developed, and (iv) a
description of the type, class and number of new employees to
be employed or existing employees to be retained in the
operation of the building or buildings to be redeveloped, and
(13) if property is to be annexed to the municipality, the
terms of the annexation agreement.
No redevelopment plan shall be adopted by a municipality
without findings that:
(1) the redevelopment project area on the whole has
not been subject to growth and development through
investment by private enterprise and would not reasonably
be anticipated to be developed in accordance with public
goals stated in the redevelopment plan without the
adoption of the redevelopment plan;
(2) the redevelopment plan and project conform to
the comprehensive plan for the development of the
municipality as a whole, or, for municipalities with a
population of 100,000 or more, regardless of when the
redevelopment plan and project was adopted, the
redevelopment plan and project either: (i) conforms to
the strategic economic development or redevelopment plan
issued by the designated planning authority of the
municipality or (ii) includes land uses that have been
approved by the planning commission of the municipality;
(3) that the redevelopment plan is reasonably
expected to create or retain a significant number of
permanent full time jobs as set forth in paragraph (3) of
subsection (l) above;
(4) the estimated date of completion of the
redevelopment project and retirement of obligations
incurred to finance redevelopment project costs is not
more than 23 years from the adoption of the ordinance
approving the project;
(5) in the case of an industrial park conservation
area, that the municipality is a labor surplus
municipality or a substantial labor surplus municipality
and that the implementation of the redevelopment plan is
reasonably expected to create a significant number of
permanent full time new jobs and, by the provision of new
facilities, significantly enhance the tax base of the
taxing districts that extend into the redevelopment
project area;
(6) in the case of an environmentally contaminated
area, that the area is subject to a release or
substantial threat of release of a hazardous substance,
pesticide or petroleum which presents an imminent and
substantial danger to public health or welfare or
presents a significant threat to public health or
environment, that such release or threat of release will
have a significant impact on the cost of redeveloping the
area, that the implementation of the redevelopment plan
is reasonably expected to result in the area being
redeveloped, the tax base of the affected taxing
districts being significantly enhanced thereby, and the
creation of a significant number of permanent full time
jobs; and
(7) in the use of a vacant industrial buildings
conservation area, that the area is located within the
corporate limits of a municipality that has been zoned
industrial for at least 5 years before its designation as
a project redeveloped area, that it contains one or more
industrial buildings, and whether the area has been
designated under Standard One or Standard Two of
subsection (f) and the basis for that designation.
(m) "Redevelopment project" means any public or private
development project in furtherance of the objectives of a
redevelopment plan.
(n) "Redevelopment project area" means a contiguous area
designated by the municipality that is not less in the
aggregate than 1 1/2 acres, and for which the municipality
has made a finding that there exist conditions that cause the
area to be classified as an industrial park conservation
area, a vacant industrial building conservation area, an
environmentally contaminated area or a combination of these
types of areas.
(o) "Redevelopment project costs" means the sum total of
all reasonable or necessary costs incurred or estimated to be
incurred by the municipality, and any of those costs
incidental to a redevelopment plan and a redevelopment
project. These costs include, without limitation, the
following:
(1) Costs of studies, surveys, development of
plans, and specifications, implementation and
administration of the redevelopment plan, staff and
professional service costs for architectural,
engineering, legal, marketing, financial, planning, or
other services, but no charges for professional services
may be based on a percentage of the tax increment
collected.
(2) Property assembly costs within a redevelopment
project area, including but not limited to acquisition of
land and other real or personal property or rights or
interests therein.
(3) Site preparation costs, including but not
limited to clearance of any area within a redevelopment
project area by demolition or removal of any existing
buildings, structures, fixtures, utilities and
improvements and clearing and grading; and including
installation, repair, construction, reconstruction, or
relocation of public streets, public utilities, and other
public site improvements within or without a
redevelopment project area which are essential to the
preparation of the redevelopment project area for use in
accordance with a redevelopment plan.
(4) Costs of renovation, rehabilitation,
reconstruction, relocation, repair or remodeling of any
existing public or private buildings, improvements, and
fixtures within a redevelopment project area.
(5) Costs of construction within a redevelopment
project area of public improvements, including but not
limited to, buildings, structures, works, utilities or
fixtures.
(6) Costs of eliminating or removing contaminants
and other impediments required by federal or State
environmental laws, rules, regulations, and guidelines,
orders or other requirements or those imposed by private
lending institutions as a condition for approval of their
financial support, debt or equity, for the redevelopment
projects, provided, however, that in the event (i) other
federal or State funds have been certified by an
administrative agency as adequate to pay these costs
during the 18 months after the adoption of the
redevelopment plan, or (ii) the municipality has been
reimbursed for such costs by persons legally responsible
for them, such federal, State, or private funds shall,
insofar as possible, be fully expended prior to the use
of any revenues deposited in the special tax allocation
fund of the municipality and any other such federal,
State or private funds received shall be deposited in the
fund. The municipality shall seek reimbursement of these
costs from persons legally responsible for these costs
and the costs of obtaining this reimbursement.
(7) Costs of job training and retraining projects.
(8) Financing costs, including but not limited to
all necessary and incidental expenses related to the
issuance of obligations and which may include payment of
interest on any obligations issued under this Act
accruing during the estimated period of construction of
any redevelopment project for which the obligations are
issued and for not exceeding 36 months thereafter and
including reasonable reserves related to those costs.
(9) All or a portion of a taxing district's capital
costs resulting from the redevelopment project
necessarily incurred or to be incurred in furtherance of
the objectives of the redevelopment plan and project, to
the extent the municipality by written agreement accepts
and approves those costs.
(10) Relocation costs to the extent that a
municipality determines that relocation costs shall be
paid or is required to make payment of relocation costs
by federal or State law.
(11) Payments in lieu of taxes.
(12) Costs of job training, advanced vocational
education or career education, including but not limited
to courses in occupational, semi-technical or technical
fields leading directly to employment, incurred by one or
more taxing districts, if those costs are: (i) related to
the establishment and maintenance of additional job
training, advanced vocational education or career
education programs for persons employed or to be employed
by employers located in a redevelopment project area; and
(ii) are incurred by a taxing district or taxing
districts other than the municipality and are set forth
in a written agreement by or among the municipality and
the taxing district or taxing districts, which agreement
describes the program to be undertaken, including but not
limited to the number of employees to be trained, a
description of the training and services to be provided,
the number and type of positions available or to be
available, itemized costs of the program and sources of
funds to pay for the same, and the term of the agreement.
These costs include, specifically, the payment by
community college districts of costs under Sections 3-37,
3-38, 3-40 and 3-40.1 of the Public Community College Act
and by school districts of costs under Sections 10-22.20a
and 10-23.3a of the School Code.
(13) The interest costs incurred by redevelopers or
other nongovernmental persons in connection with a
redevelopment project, and specifically including
payments to redevelopers or other nongovernmental persons
as reimbursement for such costs incurred by such
redeveloper or other nongovernmental person, provided
that:
(A) interest costs shall be paid or reimbursed
by a municipality only pursuant to the prior
official action of the municipality evidencing an
intent to pay or reimburse such interest costs;
(B) such payments in any one year may not
exceed 30% of the annual interest costs incurred by
the redeveloper with regard to the redevelopment
project during that year;
(C) except as provided in subparagraph (E),
the aggregate amount of such costs paid or
reimbursed by a municipality shall not exceed 30% of
the total (i) costs paid or incurred by the
redeveloper or other nongovernmental person in that
year plus (ii) redevelopment project costs excluding
any property assembly costs and any relocation costs
incurred by a municipality pursuant to this Act;
(D) interest costs shall be paid or reimbursed
by a municipality solely from the special tax
allocation fund established pursuant to this Act and
shall not be paid or reimbursed from the proceeds of
any obligations issued by a municipality;
(E) if there are not sufficient funds
available in the special tax allocation fund in any
year to make such payment or reimbursement in full,
any amount of such interest cost remaining to be
paid or reimbursed by a municipality shall accrue
and be payable when funds are available in the
special tax allocation fund to make such payment.
(14) The costs of construction of new privately
owned buildings shall not be an eligible redevelopment
project cost.
If a special service area has been established under the
Special Service Area Tax Act, then any tax increment revenues
derived from the tax imposed thereunder to the Special
Service Area Tax Act may be used within the redevelopment
project area for the purposes permitted by that Act as well
as the purposes permitted by this Act.
(p) "Redevelopment Planning Area" means an area so
designated by a municipality after the municipality has
complied with all the findings and procedures required to
establish a redevelopment project area, including the
existence of conditions that qualify the area as an
industrial park conservation area, or an environmentally
contaminated area, or a vacant industrial buildings
conservation area, or a combination of these types of areas,
and adopted a redevelopment plan and project for the planning
area and its included redevelopment project areas. The area
shall not be designated as a redevelopment planning area for
more than 5 years. At any time in the 5 years following that
designation of the area, the municipality may designate the
area, or any portion of the area, as a redevelopment project
area without making additional findings or complying with
additional procedures required for the creation of a
redevelopment project area.
(q) "Taxing districts" means counties, townships,
municipalities, and school, road, park, sanitary, mosquito
abatement, forest preserve, public health, fire protection,
river conservancy, tuberculosis sanitarium and any other
municipal corporations or districts with the power to levy
taxes.
(r) "Taxing districts' capital costs" means those costs
of taxing districts for capital improvements that are found
by the municipal corporate authorities to be necessary and a
direct result of the redevelopment project.
(s) "Urban county" means a county with 240,000 or more
inhabitants.
(t) "Vacant area", as used in subsection (a) of this
Section, means any parcel or combination of parcels of real
property without industrial, commercial and residential
buildings that has not been used for commercial agricultural
purposes within 5 years before the designation of the
redevelopment project area, unless that parcel is included in
an industrial park conservation area.
(Source: P.A. 88-537; revised 7-21-97.)
(65 ILCS 5/11-119.1-12) (from Ch. 24, par. 11-119.1-12)
Sec. 11-119.1-12. A. This Division shall be construed
liberally to effectuate its legislative intent and purpose,
as complete and independent authority for the performance of
each and every act and thing authorized by this Division, and
all authority granted shall be broadly interpreted to
effectuate this intent and purpose and not as a limitation of
powers. This Division is expressly not a limit on any of the
powers granted any unit of local government of this State by
constitution, statute, charter or otherwise, other than when
the unit of local government is acting expressly pursuant to
this Division Divison.
B. In the event of any conflict or inconsistency between
this Division and any other law or charter provision, the
provisions of this Division shall prevail.
C. Any provision of this Division which may be
determined by competent authority to be prohibited or
unenforceable in any jurisdiction shall, as to such
jurisdiction, be ineffective to the extent of such
prohibition or unenforceability without invalidating the
remaining provisions hereof, and any such prohibition or
unenforceability in any jurisdiction shall not invalidate or
render unenforceable such provision in any other
jurisdiction.
(Source: P.A. 83-997; revised 7-21-97.)
Section 57. The Economic Development Project Area Tax
Increment Allocation Act of 1995 is amended by changing
Section 5 as follows:
(65 ILCS 110/5)
Sec. 5. Legislative Declaration.
(a) The General Assembly finds, determines, and declares
the following:
(1) Actions taken by the Secretary of Defense to
close military installations under Title II of the
Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687
note), the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) or Section 2687 of Title 10 of the
United States Code (10 U.S.C. 2687), as supplemented and
amended, have an adverse socioeconomic impact upon the
State residents due to the loss of civilian job
opportunities, the transfer of permanently stationed
military personnel, the decline in population, the
vacancy of existing buildings, structures, residential
housing units and other facilities, the burden of
assuming and maintaining existing utility systems, and
the erosion of the State's economic base.
(2) The redevelopment and reuse by the public and
private sectors of any military installation closed by
the Secretary of Defense and converted to civilian use is
impaired due to little or no platting of any of the land,
deleterious land use and layout, lack of community
planning, depreciation of physical maintenance, presence
of structures below minimum code standards, excessive
vacancies, lack of adequate utility services and need to
improve transportation facilities.
(3) The closing of military installations within
the State is a serious menace to the health, safety,
morals, and general welfare of the people of the entire
State.
(4) Protection against the economic burdens
associated with the closing of military installations,
the consequent spread of economic stagnation, the
impairments to redevelopment and reuse, and the resulting
harm to the tax base of the State can best be provided by
promoting, attracting and stimulating commerce, industry,
manufacturing and other public and private sector
investment within the State.
(5) The continual encouragement, redevelopment,
reuse, growth, and expansion of commercial businesses,
industrial and manufacturing facilities and other public
and private investment on closed military installations
within the State requires a cooperative and continuous
partnership between government and the private sector.
(6) The State has a responsibility to create a
favorable climate for new and improved job opportunities
for its citizens and to increase the tax base of the
State and its political subdivisions by encouraging the
redevelopment and reuse by the public and private sectors
of new commercial businesses, industrial and
manufacturing facilities, and other civilian uses with
respect to the vacant buildings, structures, residential
housing units, and other facilities on closed military
miliary installations within the State.
(7) The lack of redevelopment and reuse of closed
military installations within the State has persisted,
despite efforts of State and local authorities and
private organizations to attract new commercial
businesses, industrial and manufacturing facilities and
other public and private sector investment for civilian
use to closed military installations within the State.
(8) The economic burdens associated with the
closing of military installations within the State may
continue and worsen if the State and its political
subdivisions are not able to provide additional
incentives to commercial businesses, industrial and
manufacturing facilities, and other public and private
investment for civilian use, to locate on closed military
installations within the State.
(9) The provision of additional incentives by the
State and its political subdivisions is intended to
relieve conditions of unemployment, create new job
opportunities, increase industry and commerce, increase
the tax base of the State and its political subdivisions,
and alleviate vacancies and conditions leading to
deterioration and blight on closed military installations
within the State, thereby creating job opportunities and
eradicating deteriorating and blighting conditions for
the residents of the State and reducing the evils
attendant upon unemployment and blight.
(b) It is hereby declared to be the policy of the State,
in the interest of promoting the health, safety, morals, and
general welfare of all the people of the State, to provide
incentives that will create new job opportunities and
eradicate potentially blighted conditions on closed military
installations within the State, and it is further declared
that the relief of conditions of unemployment, the creation
of new job opportunities, the increase of industry and
commerce within the State, the alleviation of vacancies and
conditions leading to deterioration and blight, the reduction
of the evils of unemployment, and the increase of the tax
base of the State and its political subdivisions are public
purposes and for the public safety, benefit, and welfare of
the residents of this State.
(Source: P.A. 89-176, eff. 1-1-96; revised 6-27-97.)
Section 58. The Interstate Airport Authorities Act is
amended by changing Section 4 as follows:
(70 ILCS 10/4) (from Ch. 15 1/2, par. 254)
Sec. 4. The airport authority shall have the power to:
(1) Operate and conduct an airport;
(2) Operate farming operations on real estate
appurtenant to the airport;
(3) Exercise the power of eminent domain in accordance
with the laws of the state in which the airport is located;
(4) Maintain, operate and extend water and sewer systems
on the real estate of the land appurtenant to the airport,
and make and collect charges for services;
(5) Construct and lease industrial and aviation
buildings on the land appurtenant to the airport;
(6) Lease land, now owned by any combining governmental
unit, suitable for an airport facility, for a term of not
less than 99 ninety-nine years;
(7) Secure expert guidance on the development of an area
air facility to the end that the interests of the area are
best served; and to implement that development within the
laws of the party states;
(8) Establish and fix by ordinance a restricted zone for
such distances in any direction from the boundaries of such
airport facility as in the opinion of the airport authority
is necessary and practicable, regulating the height of
structures to provide free air space for access by aircraft
and for the safe use of the airport, all in a manner not in
conflict with the existing laws of the party state in which
the airport is located;:
(9) Accept, receive and receipt for federal moneys and
other moneys, public or private, for the acquisition,
construction, enlargement, improvement, maintenance,
equipment or operation of airports and other air navigation
facilities and sites therefor;
(10) Buy and sell machinery for aviation purposes; and
to negotiate and contract for personal services, materials
and supplies: Provided, That whenever personal property is to
be purchased or sold, there shall be due notice and
competitive bidding as directed and required by the laws of
the state in which the airport is located; and
(11) Perform all functions and do all acts that are
necessary to the total development of a commercial and
industrial air facility, not inconsistent with the laws of
the party states.
(Source: Laws 1963, P. 2121; revised 8-8-97.)
Section 59. The Civic Center Code is amended by changing
Sections 105-5, 170-30, 255-45, and 255-90 as follows:
(70 ILCS 200/105-5)
Sec. 105-5. Definitions. When used in this Article:
"Authority" means the Illinois-Michigan Canal National
Heritage Corridor Civic Center Authority.
"Board" means the governing and administrative body of
the Illinois-Michigan Canal National Heritage Corridor Civic
Center Authority.
"Metropolitan area" means all that territory in the State
of Illinois lying within the municipalities of Lyons, McCook,
Hodgkins Hodgins, Countryside, Indianhead Park, Willow
Springs, Justice, Bridgeview, Bedford Park, Summit and
Lemont, and all the incorporated area lying within the
Village of Burr Ridge, all the unincorporated area lying
within Cook and DuPage County, which is bounded on the North
by the north line of the Des Plaines River, on the west by a
line 10,000 feet west of the center line of Illinois Rt. 83,
on the south by the north line of the Sanitary & Ship Canal,
and all the unincorporated area lying within Cook and DuPage
County which is bounded on the northwest by the north line of
the Sanitary Drainage & Ship Canal, on the South by the
Calumet Sag Channel, and on the East by the center line of
Illinois Rt. 83, and all the area not lying within a city,
village or incorporated town lying within Lemont Township
which is located north of a line commencing at the
intersection of the east line of Lemont Township and McCarthy
Road (123rd Street), thence westerly until the intersection
of McCarthy Road and Archer Avenue, thence southwesterly
until the intersection of Archer Avenue and 127th Street,
thence westerly to the west line of Lemont Township, and all
the unincorporated municipal area lying within Community
College District No. 524, located in Lyons and Palos
Townships, lying north of a line commencing at a point which
is the intersection lines of Harlem Avenue and Archer Road,
thence southwesterly along the center line of Archer Road to
the center line of 96th Avenue (LaGrange Road), thence
southerly along said center line of 96th Avenue to the center
line of McCarthy Road (123rd Street), thence westerly along
the center line of McCarthy Road to the west line of Palos
Township.
(Source: P.A. 90-328, eff. 1-1-98; revised 12-16-97.)
(70 ILCS 200/170-30)
Sec. 170-30. Tax. If a majority of the voters of the
said metropolitan area approve the issuance of bonds as
provided in Section 170-25, the Authority shall have power to
levy and collect annually a sum sufficient to pay for the
annual principal and interest charges by a sum equal to such
grants or matching grants as the Authority shall receive, in
any year, for this purpose.
Such taxes proposed by the Authority to be levied upon
the taxable property within the metropolitan area shall be
levied by ordinance. After the ordinance has been adopted it
shall, within 10 days after its passage, be published once in
a newspaper published and having a general circulation within
the metropolitan area. A certified copy of such levy
ordinance shall be filed with the county clerk no later than
the 3rd Tuesday in September in each year. Thereupon the
county clerk shall extend such tax; provided the aggregate
amount of taxes levied for any one year shall not exceed the
rate of .0005% of the full fair cash value, as equalized or
assessed by the Department of Revenue.
(Source: P.A. 90-328, eff. 1-1-98; revised 11-14-97.)
(70 ILCS 200/255-45)
Sec. 255-45. Borrowing; general obligation and revenue
bonds; backdoor referendum. The Authority may borrow money
for the purpose of carrying out its duties and exercising its
powers under this Article, and issue its general obligation
and revenue bonds as evidence of the indebtedness incurred.
In addition to other purposes, such bonds may be issued for
the purpose of refunding outstanding general obligation or
revenue bonds of the Authority. Such general obligation and
revenue bonds shall be in the form, shall mature at the time
(no later than 40 years from the date of issuance), shall
bear interest at the rates (not to exceed the maximum rate
authorized by the Bond Authorization Act, as amended at the
time of the making of the contract), shall be executed by the
officers and shall be sold in the manner as the Board shall
determine; except that if issued to bear interest at the the
maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, the bonds
shall be sold for not less than par and accrued interest, and
that the selling prices of bonds bearing interest at a rate
of less than the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, shall be such that the interest cost to the
Authority of the money received from the sale of the bonds
shall not exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, computed to absolute maturity of the bonds in
accordance with standard tables of bond values. In case any
officer whose signature appears on any bond ceases, after
affixing his signature, to hold office, his signature shall
nevertheless be valid and effective for all purposes.
Before any such bonds (for which a referendum is not
required by Section 255-50) may be authorized to be issued,
the Board shall by ordinance propose the issuance of the
bonds. This ordinance shall set forth the total principal
amount of bonds proposed to be issued and shall in a general
way describe the purpose for which the bonds are to be
issued. After this ordinance has been passed by the Board it
shall within 10 days be published once in a newspaper
published and having a general circulation within the
metropolitan area. The publication of the ordinance shall
include a notice of (1) the specific number of voters
required to sign a petition requesting that the question of
the adoption of the ordinance be submitted to the electors of
the metropolitan area; (2) the time in which the petition
must be filed; and (3) the date of the prospective
referendum. The Secretary of the Board shall provide a
petition form to any individual requesting one.
If within 30 days after the publication of the ordinance
proposing the issuance of bonds for which a referendum is not
required by Section 255-50, a petition signed by registered
voters of the metropolitan area equal to 10% or more of the
registered voters in the metropolitan area, is filed with the
Secretary of the Board asking for a referendum on the
proposition to issue the bonds, the Board shall certify the
proposition, in the form provided by Section 255-50, to the
proper election officials in accordance with the general
election law. If no such petition or no valid petition is
filed within 30 days after the publication of the ordinance,
it shall then be in effect. If such a petition is so filed
the ordinance proposing the issuance of the bonds shall not
be in effect and the bonds proposed by the ordinance shall
not be issued until the proposition has been approved by a
majority of the voters of the metropolitan area voting on the
proposition.
When the ordinance proposing the issuance of the bonds is
in effect, the Board may by ordinance authorize the issuance
of such bonds setting forth the maturity schedule, interest
rate, form and other details of the bonds and their issuance.
A copy of the ordinance so authorizing the issuance of the
bonds certified by the secretary shall be filed in the office
of the county clerk.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of Public Act 86-4, it is and always has been
the intention of the General Assembly (i) that the Omnibus
Bond Acts are and always have been supplementary grants of
power to issue instruments in accordance with the Omnibus
Bond Acts, regardless of any provision of this Article that
may appear to be or to have been more restrictive than those
Acts, (ii) that the provisions of this Section are not a
limitation on the supplementary authority granted by the
Omnibus Bond Acts, and (iii) that instruments issued under
this Section within the supplementary authority granted by
the Omnibus Bond Acts are not invalid because of any
provision of this Article that may appear to be or to have
been more restrictive than those Acts.
(Source: P.A. 90-328, eff. 1-1-98; revised 1-24-98.)
(70 ILCS 200/255-90)
Sec. 255-90. Organization of the Board. As soon as
practicably possible after the appointment of the initial
members and, thereafter, within 15 days of each election of
members, the Board shall organize for the transaction of
business, select a chairman, vice-chairman, and a temporary
secretary from its own number, and adopt by-laws and
regulations to govern its proceedings. The initial chairman
and his successors shall be elected by the Board from time to
time for the term of his office as a member of the Board.
Terms of members are subject to Section 2A-54 of the Election
Code.
(Source: P.A. 90-328, eff. 1-1-98; incorporates 90-358, eff.
1-1-98; revised 10-27-97.)
Section 60. The East St. Louis Area Development Act is
amended by changing the title of the Act as follows:
(70 ILCS 505/Act title)
An Act creating the East St. Louis Area Development
Authority, to define its powers, responsibilities and duties,
and to establish the framework for a cooperative coopertive
relationship between such Authority and existing State and
Federal departments and agencies, and units of local
government and school districts.
Section 61. The Tri-County River Valley Development
Authority Law is amended by changing Section 2004 as follows:
(70 ILCS 525/2004) (from Ch. 85, par. 7504)
Sec. 2004. Establishment.
(a) There is hereby created a political subdivision,
body politic and municipal corporation named the Tri-County
River Valley Development Authority. The territorial
jurisdiction of the Authority is that geographic area within
the boundaries of Peoria, Tazewell and Woodford counties in
the State of Illinois and any navigable waters and air space
located therein.
(b) The governing and administrative powers of the
Authority shall be vested in a body consisting of 11 members
including, as ex officio members, the Director of Commerce
and Community Affairs, or his or her designee, and the
Director of Natural Resources, or that Director's designee.
The other 9 members of the Authority shall be designated
"public members", 3 of whom shall be appointed by the
Governor, 3 of whom shall be appointed one each by the county
board chairmen of Peoria, Tazewell and Woodford counties and
3 of whom shall be appointed one each by the city councils of
East Peoria, Pekin and Peoria. All public members shall
reside within the territorial jurisdiction of this Act. Six
members shall constitute a quorum. The public members shall
be persons of recognized ability and experience in one or
more of the following areas: economic development, finance,
banking, industrial development, small business management,
real estate development, community development, venture
finance, organized labor or civic, community or neighborhood
organization. The Chairman of the th Authority shall be
elected by the Board annually from the 6 members appointed by
the county board chairmen and city councils.
(c) The terms of all members of the Authority shall
begin 30 days after the effective date of this Article. Of
the 9 public members appointed pursuant to this Act, 3 shall
serve until the third Monday in January 1992, 3 shall serve
until the third Monday in January 1993, and 3 shall serve
until the third Monday in January 1994. All successors shall
be appointed by the original appointing authority and hold
office for a term of 3 years commencing the third Monday in
January of the year in which their term commences, except in
case of an appointment to fill a vacancy. Vacancies
occurring among the public members shall be filled for the
remainder of the term. In case of vacancy in a
Governor-appointed membership when the Senate is not in
session, the Governor may make a temporary appointment until
the next meeting of the Senate when a person shall be
nominated to fill such office, and any person so nominated
who is confirmed by the Senate shall hold office during the
remainder of the term and until a successor shall be
appointed and qualified. Members of the Authority shall not
be entitled to compensation for their services as members but
may be reimbursed for all necessary expenses incurred in
connection with the performance of their duties as members.
(d) The Governor may remove any public member of the
Authority in case of incompetency, neglect of duty, or
malfeasance in office.
(e) The Board may appoint an Executive Director who
shall have a background in finance, including familiarity
with the legal and procedural requirements of issuing bonds,
real estate or economic development and administration. The
Executive Director shall hold office at the discretion of the
Board. The Executive Director shall be the chief
administrative and operational officer of the Authority,
shall direct and supervise its administrative affairs and
general management, shall perform such other duties as may be
prescribed from time to time by the members and shall receive
compensation fixed by the Authority. The Executive Director
shall attend all meetings of the Authority; however, no
action of the Authority shall be invalid on account of the
absence of the Executive Director from a meeting. The
Authority may engage the services of such other agents and
employees, including attorneys, appraisers, engineers,
accountants, credit analysts and other consultants, as it may
deem advisable and may prescribe their duties and fix their
compensation.
(f) The Board may, by majority vote, nominate up to 4
non-voting members for appointment by the Governor.
Non-voting members shall be persons of recognized ability and
experience in one or more of the following areas: economic
development, finance, banking, industrial development, small
business management, real estate development, community
development, venture finance, organized labor or civic,
community or neighborhood organization. Non-voting members
shall serve at the pleasure of the Board. All non-voting
members may attend meetings of the Board and may be
reimbursed as provided in subsection (c).
(g) The Board shall create a task force to study and
make recommendations to the Board on the economic development
of the territory within the jurisdiction of this Act. The
members of the task force shall reside within the territorial
jurisdiction of this Article, shall serve at the pleasure of
the Board and shall be persons of recognized ability and
experience in one or more of the following areas: economic
development, finance, banking, industrial development, small
business management, real estate development, community
development, venture finance, organized labor or civic,
community or neighborhood organization. The number of
members constituting the task force shall be set by the Board
and may vary from time to time. The Board may set a specific
date by which the task force is to submit its final report
and recommendations to the Board.
(Source: P.A. 89-445, eff. 2-7-96; revised 6-27-97.)
Section 62. The Downstate Forest Preserve District Act
is amended by changing Section 2 as follows:
(70 ILCS 805/2) (from Ch. 96 1/2, par. 6303)
Sec. 2. The proposition shall be substantially in the
following form:
-------------------------------------------------------------
"Shall there be organized a forest
preserve district in accordance with
the order of the judge of the circuit
court of .... county, under the date YES
of the .... day of ...., 19...,
191.., to be known as (insert here
the name of the proposed district as ------------------
entered in the order of the judge of
the circuit court) and described as
follows: (insert description of the NO
proposed district as entered in the
order of the judge of the circuit
court)" [?]
-------------------------------------------------------------
The clerk of the circuit court of the such county shall
cause a statement of the result of the such referendum in the
proposed each district to be filed in the records of the
circuit court of the such county, and if a majority of the
votes cast in the proposed any district upon the such
question is found to be in favor of the organization of a
such forest preserve district, the proposed such forest
preserve district shall thenceforth be deemed an organized
forest preserve district under this Act.
(Source: P.A. 83-343; revised 8-11-97.)
Section 63. The Mosquito Abatement District Act is
amended by changing Section 3 as follows:
(70 ILCS 1005/3) (from Ch. 111 1/2, par. 76)
Sec. 3. The determination of the court as to the
necessity for the organization of the proposed mosquito
abatement district, together with the description of the
boundaries of such district as fixed by such court, shall be
entered of record in of the court. Thereupon the court shall
certify the question of the organization of the territory
included within the boundaries fixed by it as a mosquito
abatement district to the proper election officials who shall
submit the question to the legal voters resident within such
territory at an election to be held in the district. Notice
of such referendum shall be given and the referendum
conducted in the manner provided by the general election law.
The notice of such election shall state the purpose of the
referendum, describe the territory proposed to be organized
as a mosquito abatement district, and state the time of such
election.
The proposition shall be in substantially the following
form:
-------------------------------------------------------------
Shall this territory (describing YES
it) be organized as The .......... ------------------------
Mosquito Abatement District? NO
-------------------------------------------------------------
The court shall cause a statement of the result to be
entered of record in the court.
(Source: P.A. 83-343; revised 12-18-97.)
Section 64. The Park District Code is amended by
changing Section 8-21 as follows:
(70 ILCS 1205/8-21) (from Ch. 105, par. 8-21)
Sec. 8-21. Each park district may insure against any
loss or liability of the park district, members of the park
board, and employees thereof, by reason of civil rights
damage claims and suits, constitutional rights damage claims
and suits, death and bodily injury damage claims and suits,
and property damage claims and suits, including defense
thereof, when damages are sought for negligent or wrongful
acts allegedly committed within the scope of employment, or
under the direction, of the park board. Such insurance shall
be carried with a company licensed to write such coverage in
this State.
Each park district may provide for or participate in the
provision of insurance protection and benefits for its
employees and their dependents, including but not limited to
retirement annuities, and medical, surgical and
hospitalization benefits, in such types and amounts as shall
be determined by the board, for the purposes of aiding in
securing and retaining the services of competent employees.
Where employee participation in such provision is involved,
the board, with the consent of the employee, may withhold
deductions from the employee's salary necessary to defray the
employee's share of such insurance costs. Such insurance or
benefits may be contracted for only with an insurance company
authorized to do business in this State, or any non-profit
hospital service corporation organized under the Non-Profit
Health Care Service Plan Act or incorporated under the
Medical Service Plan Act. Such insurance may include
provision for employees and their dependents who rely on
treatment by prayer or spiritual means alone for healing, in
accordance with the tenets and practice of a recognized
religious denomination.
For the purposes of this Section, "dependent" means an
employee's spouse and any unmarried child (1) under the age
of 19 years, including (a) an adopted child and (b) a
stepchild or recognized child who lives with the employee in
a regular parent-child relationship or (2) under the age of
23 who is enrolled as a full-time student in any accredited
school, college or university.
(Source: P.A. 83-807; revised 1-21-98.)
Section 65. The Chicago Park District Act is amended by
changing Section 17 as follows:
(70 ILCS 1505/17) (from Ch. 105, par. 333.17)
Sec. 17. Fiscal year; budget report; appropriation
ordinance.
(a) After the year in which this Act is adopted, the
fiscal year of the Chicago Park District shall commence on
the first day of January and end on the thirty-first day of
December. This period shall constitute the budget year of the
district. The fiscal provisions set forth in this Section
shall apply only in the years following the year of the
adoption of this Act.
(b) At least 60 days before the beginning of each fiscal
year, the secretary shall prepare and submit to the president
a budget report to the commission which shall include, among
other things, a statement of proposed expenditures for the
ensuing fiscal year. The statement of proposed expenditures
shall show separately the amounts for ordinary recurring
expenses, for extraordinary expenditures, for debt service,
and for capital outlays and shall be accompanied by detailed
estimates of expenditure requirements setting forth the
objects of expenditure (such as personal service, contractual
services, supplies and materials, and the like) and showing
further classification, by character, object, or purpose, as
required by the system of expenditure accounts adopted by the
commission. The secretary shall also submit with his or her
statement of proposed expenditures (i) a consolidated summary
statement of the financial condition of the district; (ii)
classified statements of income and receipts and of
expenditures and disbursements for the last completed fiscal
year and as estimated for the fiscal year then in progress;
and (iii) a statement of the means of financing the
operations of the district, indicating the cash and other
current resources to be available at the beginning of the
next fiscal year and the estimated cash receipts of that
year. Estimated receipts from taxes levied from property
shall in no event exceed an amount produced by multiplying
the maximum statutory rate of tax by the last known assessed
valuation of taxable property within the district as
equalized for State and county taxes. The secretary shall
submit, with the budget report, a draft of an appropriation
ordinance and a pertinent description of the proposed
financial and operating program and of its anticipated
effects on the district's finances and affairs.
(c) The amounts of proposed expenditures, and of
revenues for appropriations, as set forth in the proposed
appropriation ordinance shall include, in addition to the
other requirements for operation, maintenance, and
improvement, the full amounts reasonably to be anticipated as
needed for (i) interest on district debt coming due and
payable, (ii) paying off principal debt maturing during the
year, (iii) annual installments on sinking funds for the
meeting of any anticipated cash deficit from the operations
of the fiscal year then in progress, (iv) payments due to any
retirement or other special funds, (v) paying off any final
judgments in effect at the time, (vi) making good any
deficiency in any sinking, endowment, or trust fund to be
kept inviolate, and (vii) any payments for any contracts for
capital improvements properly entered into during the current
fiscal year or any previous fiscal year for work to be
performed in the fiscal year for which the budget is
prepared. These requirements shall be adequately provided for
in the appropriation ordinance adopted by the commission.
(d) Upon receiving the budget report, the commission
shall make the report and a tentative budget appropriation
bill available to public inspection for at least 10 days by
having at least 3 copies of the report and bill on file in
the office of the district secretary. The commission shall
hold at least one public hearing on the budget report and
tentative budget appropriation bill. Seven days public notice
of the hearing shall be given by at least one publication in
a newspaper having a general circulation in the district.
(e) After the hearing, the commission shall consider the
budget report and shall, before the beginning of the new
fiscal year, adopt an annual appropriation ordinance in which
the commission shall appropriate the sums of money required
to meet all necessary expenditures during the fiscal year. In
no event shall the aggregate amounts appropriated exceed the
total means of financing. The vote of the commissioners upon
the appropriation ordinance shall be taken by yeas and nays
and recorded in the proceedings of the commission.
(f) Except as otherwise provided in this subsection (f),
after the adoption of the appropriation ordinance, the
commission shall not make any further or other appropriation
before the adoption or passage of the next succeeding annual
appropriation ordinance and shall have no power either
directly or indirectly to make any contract or do any act
that will add to the expense or liabilities of the district a
sum over and above the amount provided for in the annual
appropriation ordinance for that fiscal year.
Notwithstanding the foregoing provision, the commission may
adopt a supplemental appropriation ordinance for any
corporate purpose in an amount not in excess of any
additional receipts available to the Chicago Park District,
or estimated to be received by the district, after the
adoption of the annual appropriation ordinance. The
supplemental appropriation ordinance shall, however, only
affect revenue that becomes available after the annual
appropriation ordinance is adopted. For purposes of
supplemental appropriation ordinances, notice of the public
hearing at which the ordinance is to be considered shall be
given by publishing notice of the hearing at least once no
less than 10 days before the hearing.
(g) When the voters have approved a bond ordinance for a
particular purpose and the bond ordinance had not been passed
at the time of the adoption of the annual appropriation
ordinance, the commission may pass a supplemental
appropriation ordinance (upon compliance with the terms of
this Act) making appropriations for the particular purpose
for which the bonds were authorized. Nothing in this Act
shall be construed to forbid the commission from making any
expenditure or incurring any liability rendered necessary to
meet emergencies such as floods, fires, storms, unforeseen
damages, or other catastrophes catastrophies happening after
the annual appropriation ordinance has been passed or
adopted. Nothing contained in this Act shall be construed to
deprive the commission of the power to provide for and cause
to be paid from the district's funds any charge upon the
district imposed by law without the action of the commission.
(h) The Chicago Park District shall, at any time after
the beginning of each fiscal year, have power to authorize
the making of transfers among appropriations within a
department or other separate division under its jurisdiction
or of sums of money appropriated for one object or purpose to
another object or purpose. The commission shall adopt an
ordinance establishing procedures by which the transfers
shall be made. In no event shall transfers from
appropriations for ordinary recurring expenses to
appropriations for capital outlays or from capital outlays to
ordinary recurring expenses be authorized or made. No
appropriation for any purpose shall be reduced below an
amount sufficient to cover all unliquidated and outstanding
contracts or obligations certified from or against the
appropriation for that purpose.
(i) No contract shall be made or expense or liability
incurred by the commission, by any member or committee of the
commission, or by any person or persons for or on its behalf,
notwithstanding the expenditures may have been ordered by the
commission, unless an appropriation for the contract,
expense, or liability has been previously made by the
commission in the manner provided in this Section. No
officer or employee employe shall during a fiscal year
expend, or contract to be expended, any money or incur any
liability or enter into any contract that by its terms
involves the expenditures of money for any purpose for which
provisions are made in the appropriation ordinance in excess
of the amounts appropriated in the ordinance. Any contract,
verbal or written, made in violation of this Section shall be
null and void as to the district, and no moneys belonging to
the district shall be paid on the contract. Nothing
contained in this subsection (i) shall prevent the making of
contracts for the lawful purposes of the district for a
period of more than one year, but any contract so made shall
be executory only for the amounts for which the district may
become lawfully liable in succeeding fiscal years.
(j) If, at the termination of any fiscal year or at the
time when the appropriation ordinance is required to have
been passed and published as provided by this Act, the
appropriations necessary for the support of the district for
the ensuing fiscal year have not been made, the several
amounts appropriated in the last appropriation ordinance for
the objects and purposes specified in that ordinance, so far
as the amounts related to operation and maintenance expenses,
shall be deemed to be re-appropriated for the several objects
and purposes specified in the last appropriation ordinance.
Until the commission acts in that behalf, the proper officer
shall make the payments necessary for the support of the
district on the basis of the preceding fiscal year.
(k) The appropriation ordinance shall not be construed
as an approval by the commission of any contract liabilities
or of any project or purpose mentioned in the ordinance but
should be regarded only as a provision of a fund or funds for
the payment of the liabilities, project, or purpose when
contract liabilities have been found to be valid and legal
obligations against such district and when properly
vouchered, audited, and approved by the commission, or when
any project or purpose is approved and authorized by the
commission, as the case may be.
(l) During the year in which this Act is adopted, the
commissioners of the Chicago Park District shall provide for
the necessary expenses of the district by ordinance filed in
the records of the commission, and no expenditure shall be
made nor obligation incurred except pursuant to that
ordinance.
(Source: P.A. 87-1274; revised 6-27-97.)
Section 66. The Havana Regional Port District Act is
amended by changing Section 28 as follows:
(70 ILCS 1805/28) (from Ch. 19, par. 628)
Sec. 28. The Board shall appoint a secretary and a
treasurer, who need not be members of the Board, to hold
office during the pleasure of the Board, and fix their duties
and compensation. Before entering upon the duties of their
respective offices each shall take and subscribe the
constitutional oath of office, and the treasurer shall
execute a bond in the amount and with corporate sureties
approved by the Board. The bond shall be payable to the
District in whatever penal sum is directed by the Board,
conditioned upon the faithful performance of the duties of
the office and the payment of all money received by him
according to law and the orders of the Board. The Board may,
at any time, require a new bond from the treasurer in such
penal sum as may then be determined by the Board. The
obligation of the sureties shall not extend to any loss
sustained by insolvency, failure or closing of any savings
and loan association or national or State bank wherein the
treasurer has deposited funds if the bank or savings and loan
association has been approved by the Board as a depositary
for these funds. The oaths of office and the treasurer's bond
shall be filed in the principal office of the Port District.
(Source: P.A. 83-541; revised 12-18-97.)
Section 67. The Jackson-Union Counties Regional Port
District Act is amended by changing Sections 2.21 and 16 as
follows:
(70 ILCS 1820/2.21) (from Ch. 19, par. 852.21)
Sec. 2.21. "Mayor" means the mayor, president, or other
chief elected official of the following municipalities, as
the case may require: of the City of Grand Tower, the Village
chief elected official of Dowell, the City chief elected
official of Ava, the Mayor of the City of Murphysboro, the
Mayor of the City of Carbondale, the Mayor of the City of
Anna, the President of the Village of Cobden, the President
of the Village of Makanda, the Mayor of the City of
Jonesboro, the Village Mayor of the City of Alto Pass, the
Village Mayor of the City of Elkville, the President of the
Village of Dongola, the President of the Village of Campbell
Hill, the President of the Village of Mill Creek, the
President of the Village of Vergennes, the Village Mayor of
the City of DeSoto Desota, and the Village Mayor of the City
of Gorham, as the case may require.
(Source: P.A. 79-1475; revised 6-27-97.)
(70 ILCS 1820/16) (from Ch. 19, par. 866)
Sec. 16. The Governor shall appoint 4 members of the
Board, each Mayor of the municipalities of Grand Tower,
Jonesboro, Gorham, Murphysboro, Carbondale, Anna, Cobden,
Makanda, Ava, Mill Creek, Elkville, Alto Pass, Vergennes,
Dowell, DeSoto Desota, Campbell Hill, and Dongola shall
appoint one member of the Board, and each County Board of
Jackson County and Union County shall appoint one member of
the Board. All initial appointments shall be made within 60
days after this Act takes effect. Of the 4 members initially
appointed by the Governor 2 shall be appointed for initial
terms expiring June 1, 1978, and 2 for an initial term
expiring June 1, 1979. The terms of the members initially
appointed by the respective Mayors and County Boards shall
expire June 1, 1979. At the expiration of the term of any
member, his successor shall be appointed by the Governor, the
respective Mayors, or the respective County Boards in like
manner and with like regard to place of residence of the
appointee, as in the case of appointments for the initial
terms.
After the expiration of initial terms, each successor
shall hold office for the term of 3 years beginning the first
day of June of the year in which the term of office
commences. In the case of a vacancy during the term of
office of any member appointed by the Governor, the Governor
shall make an appointment for the remainder of the term
vacant and until a successor is appointed and qualified. In
case of a vacancy during the term of office of any member
appointed by a Mayor, the proper Mayor shall make an
appointment for the remainder of the term vacant and until a
successor is appointed and qualified. In case of a vacancy
during the term of office of any member appointed by a County
Board, the proper County Board shall make an appointment for
the remainder of the term vacant and until a successor is
appointed and qualified. The Governor, each Mayor, and each
County Board shall certify their respective appointments to
the Secretary of State. Within 30 days after certification
of his appointment, and before entering upon the duties of
his office, each member of the Board shall take and subscribe
the constitutional oath of office and file it in the office
of the Secretary of State.
Every person appointed to the Board after the effective
date of this amendatory Act of 1981 shall be a resident of
the unit of local government which makes the appointment.
Persons appointed by the Governor shall reside in the
district.
(Source: P.A. 82-388; revised 6-27-97.)
Section 68. The Sanitary District Act of 1907 is amended
by changing Section 27.1 as follows:
(70 ILCS 2205/27.1) (from Ch. 42, par. 273.1)
Sec. 27.1. The board of trustees of any sanitary
district may arrange to provide for the benefit of employees
and trustees of the sanitary district group life, health,
accident, hospital and medical insurance, or any one or any
combination of such types of insurance. Such insurance may
include provision for employees and trustees who rely on
treatment by prayer or spiritual means alone for healing in
accordance with the tenets and practice of a well recognized
religious denomination. The board of trustees may provide
for payment by the sanitary district of the premium or charge
for such insurance.
If the board of trustees do not provide for a plan
pursuant to which the sanitary district pays the premium or
charge for any group insurance plan, the board of trustees
may provide for the withholding and deducting from the
compensation of such of the employees and trustees as consent
thereto the premium or charge for any group life, health,
accident, hospital and medical insurance.
The board of trustees may exercise the powers granted in
this section only if the kinds of such group insurance are
obtained from any insurance company authorized to do business
in the State of Illinois or any non-profit hospital service
corporation organized under the provisions of the Non-Profit
Hospital Service Plan Act, as heretofore and hereafter
amended, or incorporated under the provisions of the Medical
Service Plan Act, as heretofore and hereafter amended, or any
other organization or service offering similar coverage. The
board of trustees may enact an ordinance prescribing the
method of operation of such insurance program.
(Source: Laws 1963, p. 2756; revised 1-21-98.)
Section 69. The North Shore Sanitary District Act is
amended by changing Sections 12 and 29 as follows:
(70 ILCS 2305/12) (from Ch. 42, par. 288)
Sec. 12. The board of trustees may levy and collect other
taxes for corporate purposes upon property within the
territorial limits of the sanitary district, the aggregate
amount of which for each year may not exceed .083% of value,
as equalized or assessed by the Department of Revenue, except
that if a higher rate has been established by referendum
before August 2, 1965, it shall continue. If the board
desires to levy such taxes at a rate in excess of .083% but
not in excess of .35% of the value of all taxable property
within the district as equalized or assessed by the
Department of Revenue, they shall order the question to be
submitted at an election to be held within the district. The
certification and submission of the question and the election
shall be governed by the general election law. Upon the
filing of a petition signed by 10% of the registered voters
of the district, . the right to levy an additional tax, or
any portion thereof, authorized by the legal voters, may at
any time after one or more tax levies thereunder, be
terminated by a majority vote of the electors of the district
at a referendum. The trustees of the district shall certify
the proposition to the proper election officials, who shall
submit the proposition at an election in accordance with the
general election law.
In addition to the other taxes authorized by this
Section, the board of trustees may levy and collect, without
referendum, a tax for the purpose of paying the cost of
operation of the chlorination of sewage, or other means of
disinfection or additional treatment as may be required by
water quality standards approved or adopted by the Pollution
Control Board or by the court, which tax is not subject to
the rate limitations imposed by this Section but may be
extended at a rate not to exceed .03% of the value of all
taxable property within the district as equalized or assessed
by the Department of Revenue.
Such tax may be extended at a rate in excess of .03% but
not to exceed .05%, providing the question of levying such
increase has first been submitted to the voters of such
district at any regular election held in such district in
accordance with the general election law and has been
approved by a majority of such voters voting thereon.
The board shall cause the amount required to be raised by
taxation in each year to be certified to the county clerk by
the second Tuesday in September, as provided in Section 157
of the General Revenue Law of Illinois. All taxes so levied
and certified shall be collected and enforced in the same
manner and by the same officers as State and county taxes,
and shall be paid over by the officers collecting the same to
the treasurer of the sanitary district in the manner and at
the time provided by the General Revenue Law of Illinois.
The treasurer shall, when the moneys of the district are
deposited with any bank or savings and loan association,
require that bank or savings and loan association to pay the
same rates of interest for the moneys deposited as the bank
or savings and loan association is accustomed to pay to
depositors under like circumstances, in the usual course of
its business. All interest so paid shall be placed in the
general funds of the district, to be used as other moneys
belonging to the district raised by general taxation or sale
of water.
No bank or savings and loan association shall receive
public funds as permitted by this Section, unless it has
complied with the requirements established pursuant to
Section 6 of "An Act relating to certain investments of
public funds by public agencies", approved July 23, 1943, as
now or hereafter amended.
In addition to the foregoing, the Board of Trustees shall
have all of the powers set forth in Division 7 of Article 8
of the Illinois Municipal Code until September 10, 1986.
(Source: P.A. 83-541; revised 12-18-97.)
(70 ILCS 2305/29) (from Ch. 42, par. 296.9)
Sec. 29. The board of trustees of any sanitary district
may arrange to provide for the benefit of employees and
trustees of the sanitary district group life, health,
accident, hospital and medical insurance, or any one or any
combination of those types of insurance. Such insurance may
include provision for employees and trustees who rely on
treatment by prayer or spiritual means alone for healing in
accordance with the tenets and practice of a well recognized
religious denomination. The board of trustees may provide
for payment by the sanitary district of the premium or charge
for such insurance.
If the board of trustees does not provide for a plan
pursuant to which the sanitary district pays the premium or
charge for any group insurance plan, the board of trustees
may provide for the withholding and deducting from the
compensation of such of the employees and trustees as consent
thereto the premium or charge for any group life, health,
accident, hospital and medical insurance.
The board of trustees may exercise the powers granted in
this Section only if the kinds of group insurance are
obtained from an insurance company authorized to do business
in the State of Illinois, from a non-profit hospital service
corporation organized under the Non-Profit Hospital Service
Plan Act, as heretofore and hereafter amended, or
incorporated under the Medical Service Plan Act, as
heretofore and hereafter amended, or from any other
organization or service offering similar coverage. The board
of trustees may enact an ordinance prescribing the method of
operation of such an insurance program.
(Source: Laws 1967, p. 3808; revised 1-21-98.)
Section 70. The Sanitary District Act of 1917 is amended
by changing Sections 25 and 26 as follows:
(70 ILCS 2405/25) (from Ch. 42, par. 317g)
Sec. 25. The board of trustees of any sanitary district
may arrange to provide for the benefit of employees and
trustees of the sanitary district group life, health,
accident, hospital and medical insurance, or any one or any
combination of such types of insurance. Such insurance may
include provision for employees and trustees who rely on
treatment by prayer or spiritual means alone for healing in
accordance with the tenets and practice of a well recognized
religious denomination. The board of trustees may provide
for payment by the sanitary district of the premium or charge
for such insurance.
If the board of trustees do not provide for a plan
pursuant to which the sanitary district pays the premium or
charge for any group insurance plan, the board of trustees
may provide for the withholding and deducting from the
compensation of such of the employees and trustees as consent
thereto the premium or charge for any group life, health,
accident, hospital and medical insurance.
The board of trustees may exercise the powers granted in
this section only if the kinds of such group insurance are
obtained from any insurance company authorized to do business
in the State of Illinois, or any non-profit hospital service
corporation organized under the provisions of the Non-Profit
Hospital Service Plan Act, as heretofore and hereafter
amended, or incorporated under the provisions of the Medical
Service Plan Act, as heretofore and hereafter amended, or any
other organization or service offering similar coverage. The
board of trustees may enact an ordinance prescribing the
method of operation of such insurance program.
(Source: Laws 1963, p. 2755; revised 1-21-98.)
(70 ILCS 2405/26) (from Ch. 42, par. 317h)
Sec. 26. (1) The terms used in this Section are defined
as follows:
The term "Board of Trustees" means the Board of Trustees
of a sanitary district organized under this Act.
The term "District Director" means the chief
administrative officer of such sanitary district.
The term "Waters" means all accumulations of water,
surface and underground, natural and artificial, public and
private, or parts thereof, which are wholly or partially
within, or flow through, the territorial boundaries of such
sanitary district.
The term "Wastewater" means the combination of liquid and
water-carried wastes from residences, commercial buildings,
industrial plants and institutions, including polluted
cooling water.
The term "Sanitary Wastewater" means the combination of
liquid and water-carried wastes discharged from toilet and
other sanitary plumbing facilities.
The term "Industrial Wastewater" means a combination of
liquid and water-carried waste, discharged from any
industrial establishment and resulting from any trade or
process carried on in that establishment including the
wastewater from pretreatment facilities and polluted cooling
water.
The term "Combined Wastewater" means wastewater including
sanitary wastewater, industrial wastewater, storm water,
infiltration and inflow carried to the sewage treatment plant
by a sewer.
The term "Pollutant" means any dredged spoil, solid
waste, incinerator residue, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discharged equipment, rock, sand,
cellar dirt and industrial, municipal, and agricultural waste
discharged into any waters as will or is likely to create a
nuisance or render such waters harmful or detrimental or
injurious to public health, safety or welfare, or to
domestic, commercial, industrial, agricultural, recreational,
or other legitimate uses, or to livestock, wild animals,
birds, fish, or other aquatic life, or causes or may cause
interference with the operation of the sanitary district
sewage treatment plant.
The term "Interference" means an inhibition or disruption
of the sanitary district's sewage treatment plant, its
treatment processes or operations, or its sludge processes,
use or disposal which is a cause of or significantly
contributes to either a violation of any requirement of the
sewage treatment work's ability to discharge to the waters of
the State of Illinois or to the prevention of sewage sludge
use or disposal by the sewage treatment work in accordance
with the applicable statutory and regulatory provisions.
The term "Person" means any and all persons, natural or
artificial, including any individual, firm or association,
and any unit of local government or private corporation
organized or existing under the laws of this or any other
state or country.
(2) The sanitary district, acting through the District
Director, may study, investigate and from time to time
determine ways and means of removing from the water within
such sanitary district so far as is practicable, all
pollutants in accordance with Federal and State statutes and
applicable regulations, and to determine methods of abating
such pollutants that are detrimental to public health or to
animals, fish or aquatic life, or detrimental to the
practicable use of the waters for purposes of recreation,
industry or agriculture, or which interfere or might
interfere with the operation of such sanitary district's
sewage treatment plant.
(3) The sanitary district may by ordinance provide that
no user who is planning to discharge into any waters,
pollutants or wastewater which may cause the pollution of
such waters within such sanitary district, may make such
discharge unless a written permit or permits for such
discharge have been granted by the sanitary district acting
through its Board of Trustees. The sanitary district may by
ordinance provide that no changes in or additions to a user's
discharge into any waters, including changes in or additions
to the method of treating of wastewater or pollutants, may be
made within such sanitary district unless and until the
proposed changes have been submitted to and approved by the
sanitary district and a permit or permits have been issued
therefor by the Board of Trustees.
(4) Plans and specifications describing any discharges
set forth in this Act shall be submitted to the sanitary
district before a written permit or permits may be issued.
Construction of any facilities required by such plans and
specifications must be in accordance with such plans and
specifications. In case it is necessary or desirable to make
material changes in said plans or specifications, the revised
plans or specifications, together with the reasons for the
proposed changes must be submitted to the sanitary district
for a revised or supplemental written permit.
(5) The sanitary district, acting through the District
Director, may require any user, other than a user discharging
only domestic strength waste, which is discharging to the
sanitary district, to file with it complete plans of the
whole or of any part of its wastewater discharge system and
any other information and records concerning the installation
and operation of such system.
(6) The sanitary district, acting through the District
Director, may establish procedures for the review of any
plans, specifications or other data relative to any user's
wastewater discharge system, for which this Act requires a
written permit or permits.
(7) The sanitary district, acting through the District
Director, may adopt and enforce rules and regulations
governing the issuance of permits and the method and manner
under which plans, specifications, or other data relative
thereto must be submitted for such wastewater discharge
systems or for additions to, changes in or extensions of such
wastewater discharge systems.
(8) Whenever the sanitary district, acting through the
District Director, determines that wastewater or pollutants
are being discharged into any waters and when, in the opinion
of the District Director, such discharge pollutes the same or
renders such waters incapable of use for the purposes stated
herein, the District Director may by conference, conciliation
and persuasion, endeavor to the fullest extent possible to
eliminate such discharge or cause such discharger to cease
such pollution. The District Director shall not hold more
than one such conference for any single user in any
consecutive 12 month period before calling for a Show Cause
Hearing as set forth herein. In addition, nothing in this
Section shall prohibit the Director, upon discovery of an
ongoing or potential discharge of pollutants to the sewage
treatment works which reasonably appears to present an
imminent danger to the health or welfare of persons, from
seeking and obtaining from the Circuit Court of the county in
which the such sanitary district is located a Temporary
Restraining Order to halt or prohibit such discharge or from
proceeding under any other provision of this Act; and
provided further, that where the Director discovers an
ongoing or potential discharge to its sewage treatment works
which presents or may present a danger to the environment or
which threatens to interfere or interferes with the operation
of its treatment works, he may call a Show Cause Hearing as
set forth herein without the requirement for such process of
conference, conciliation and persuasion.
In the case of the failure by conference, conciliation
and persuasion to correct or remedy any claimed violation,
the District Director may order whoever causes such discharge
to show cause before the Board of Trustees of such sanitary
district why such discharge should not be discontinued. A
notice may be served on the offending party directing him or
it to show cause before such Board of Trustees why an Order
should not be entered directing the discontinuance of such
discharge. Such notice shall specify the time and place
where a hearing will be held and shall be served personally
or by registered or certified mail at least 5 days before the
hearing; and in the case of a unit of local government or a
corporation, such service shall be upon an officer or agent
thereof. After reviewing the evidence, the Board of Trustees
may issue an order to the party responsible for such
discharge, directing that the user responsible shall cease
such discharge immediately or that following a specified time
such discharge shall cease or the discharge permit or permits
previously issued to such discharger shall be revoked
immediately or after a time certain, or shall issue such
other order as may serve to abate said discharge. If the
party fails to cease such discharge in accordance with the
Board's Order, the sanitary district may disconnect such
discharge on Order of the Board of Trustees.
(9) Any permit authorized and issued under the
provisions of this Act may, when necessary, in the opinion of
the District Director, to prevent pollution of such waters,
be revoked or modified by the Board of Trustees after
investigation, notice and hearing as provided in paragraph
(8) of this Section.
(10) A violation of an order of the Board of Trustees
shall be considered a nuisance. If any person discharges
sewage or industrial wastes or other wastes into any waters
contrary to the orders of the Board of Trustees, the sanitary
district, acting through the District Director, has the power
to commence an action or proceeding in the Circuit Court in
and for the county in which such sanitary district is located
for the purpose of having the discharge stopped either by
mandamus or injunction.
The Court shall specify a time, not exceeding 20 days
after the service of the copy of the Petition, in which the
party complained of must answer the Petition, and in the
meantime, the party may be restrained. In case of default in
answer or after answer, the Court shall immediately inquire
into the facts and circumstances of the case and enter any
appropriate judgment order in respect to the matters
complained of. An appeal may be taken from the final
judgment in the same manner and with the same effect as
appeals are taken from judgments of the Circuit Court in
other actions for mandamus or injunction.
(11) The Board of Trustees or any member thereof, or any
officer or employee designated by such Board, may conduct the
hearing and take the evidence provided for in paragraph (8)
of this Section, and transmit a report of the evidence and
hearing, together with recommendations, to the Board of
Trustees for action thereon.
At any public hearing, testimony must be taken under oath
and recorded stenographically. The transcript so recorded
must be made available to any member of the public or any
party to the hearing upon payment of the usual charges
therefor.
In any such hearing, the Board, or the designated member
or members, or any officer or employee of the District
designated by the Board, may subpoena and compel the
attendance of witnesses and the production of evidence
reasonably necessary to the resolution of the matter under
consideration. The Board, or the designated member or
members, or any officer or employee of the District
designated by the Board, shall issue such subpoenas upon the
request of any party to a Show Cause Hearing under paragraph
(8) of this Section or upon its own Motion, and may examine
witnesses.
(12) The provisions of the Administrative Review Law,
and the rules adopted pursuant thereto, apply to and govern
all proceedings for the judicial review of final
administrative decisions of the Board of Trustees hereunder.
The term "administrative decision" is defined as in Section
3-101 of the Code of Civil Procedure.
(13) Whoever violates any provisions of this Act or
fails to comply with an order of the Board of Trustees in
accordance with the provisions of this Act shall be fined not
less than $100 nor more than $1,000. Each day's continuance
of such violation or failure is a separate offense. The
penalties provided in this Section plus reasonable attorney's
fees, court costs and other expenses of litigation are
recoverable by the sanitary district upon its suit, as debts
are recoverable at law.
(Source: P.A. 83-1525; revised 12-18-97.)
Section 71. The Metropolitan Water Reclamation District
Act is amended by changing Sections 3.1, 5.7, 8a, and 19a as
follows:
(70 ILCS 2605/3.1) (from Ch. 42, par. 322.1)
Sec. 3.1. EPA Director. The Director of the
Environmental Protection Agency or his or her appointee may
attend, and participate in, meetings of the Metropolitan
Water Reclamation Sanitary District of Greater Chicago, but
he or she who shall have no vote at such meetings.
(Source: P.A. 76-2438; revised 1-15-98.)
(70 ILCS 2605/5.7) (from Ch. 42, par. 324q)
Sec. 5.7. The board of trustees of the district shall
consider the budget estimates as submitted to it by the
general superintendent and may add to, revise, alter,
increase or decrease the items contained in the budget.
However, in no event may the total aggregate proposed
expenditures in the budget exceed the total estimated means
of financing the budget.
The board of trustees shall, before January first of the
budget year, adopt the budget which is effective on January
first of the budget year. The appropriation ordinance and tax
levy ordinance must be parts of the budget and must be
adopted as a part thereof by single action of the board of
trustees. The appropriation ordinance must be filed with and
be a part of the tax levy ordinance, which tax levy ordinance
need not contain any further or additional specifications of
purposes, itemizations or details for which appropriations
and the levy are made. The board of trustees shall
appropriate such sums of money as may be necessary to defray
all necessary expenses and liabilities of the district to be
paid by the board of trustees or incurred during and until
the time of the adoption and effective date of the next
annual appropriation ordinance under this Section. The board
of trustees shall appropriate such sums of money as may be
necessary to pay the principal and interest on bonds. The
board may not expend any money or incur any indebtedness or
liability on behalf of the district in excess of the
percentage and several amounts limited by law, when applied
to the last known assessment. The appropriation ordinance
must specify the several funds, organization units, objects,
character and functions (activities) for which such
appropriations are made, and the amount appropriated for each
fund, organization unit, object, character, and function
(activity). The receipts of the district as estimated in the
budget and as provided for by the tax levy ordinances and
other revenues and borrowing Acts or ordinances are
applicable in the amounts and according to the funds
specified in the budget for the purpose of meeting the
expenditures authorized by the appropriate ordinance. The
vote of the board of trustees upon the budget shall be taken
by yeas and nays, and shall be entered in the proceedings of
the board of trustees.
The appropriation ordinance may be amended at the next
regular meeting of the board of trustees occurring before
January first of the budget year and not less than 5 days
after the passage thereof in like manner as other ordinances.
If any items of appropriations contained therein are vetoed
by the president of the board, with recommendations for
alterations or changes therein, the adoption of such
recommendations by a yea and nay vote is the equivalent of an
amendment of such annual appropriation ordinance with like
effect as if an amendatory ordinance had been passed.
Such appropriation ordinance together with other parts of
the budget as the board of trustees desire must be published
in a newspaper of general circulation in the district and
made conveniently available for inspection by the public.
Such publication must be made after the date of passage of
such budget and before January 20 of the budget year, but the
date of publication does not affect the legality of the
appropriation ordinance or the tax levy ordinance or any
other ordinances necessary to give effect to the budget.
Such ordinances are effective on the first day of January of
the budget year.
The Clerk shall certify that such appropriation ordinance
as published is a true, accurate and complete copy of the
appropriation ordinance as passed and approved by the board
of trustees. The board of trustees shall also make public, by
publication or otherwise, at this time, the tax rate
necessary or estimated to be necessary to finance the budget
as adopted.
After adoption of the appropriation ordinance, the board
of trustees may not make any further or other appropriation
prior to the adoption or passage of the next succeeding
annual appropriation ordinance. The board has no power,
either directly or indirectly, to make any contract or to
take any action which adds to the total of district
expenditures or liabilities in any budget year any sum over
and above the amount provided for in the annual appropriation
ordinance for the budget year. However, the board of
trustees has the power, anything in this Act to the contrary
notwithstanding, if after the adoption of the appropriation
ordinance (1) federal or State grants or loans are accepted,
(2) the voters approve a bond ordinance for a particular
purpose or the issuance of bonds is otherwise authorized by
law, or (3) duly authorized bonds of the district remaining
unissued and unsold have been cancelled and any ordinance has
been adopted by the board of trustees under Section 9 of this
Act authorizing the issuance of bonds not exceeding in the
aggregate the amount of bonds so cancelled, to pass a
supplemental appropriation ordinance (in compliance with the
provisions of this Act as to publication and voting thereon
by the board of trustees) making appropriation, for the
particular purpose only as set forth in the ordinance, of the
proceeds of the grants, loans, or bond issue or any part
thereof required to be expended during the fiscal year.
However, nothing herein contained prevents the board of
trustees, by a concurring vote of two-thirds of all the
trustees (votes to be taken by yeas and nays and entered in
the proceeding of the board of trustees), from making any
expenditures or incurring any liability rendered necessary to
meet emergencies such as epidemics, flood, fire, unforeseen
damages or other catastrophes catastrophies, happening after
the annual appropriation ordinance has been passed or
adopted,. nor does anything herein deprive the board of
trustees of the power to provide for and cause to be paid
from the district funds any charge upon the district imposed
by law without the action of the board of trustees.
(Source: P.A. 87-364; revised 6-27-97.)
(70 ILCS 2605/8a) (from Ch. 42, par. 327a)
Sec. 8a. The Sanitary District, in addition to the other
powers vested in it, is empowered, with the approval of the
Department of Natural Resources as successor to the
Department of Transportation and the Department of Purchases
and Construction of the State of Illinois, through its
Director, to remise, release, quit claim, grant, convey and
transfer all its right, title and interest in and to any and
all lands, tenements and hereditaments and in and to any and
all property, including structures, of every kind and nature
or rights to or in, under, over and adjoining the Main
Channel, Main Channel Extension, Calumet-Sag Channel and the
North Shore Channel of the Sanitary District and for
improvements made by the Sanitary District in, under, over
and adjoining the Chicago River, the Calumet River, the Des
Plaines DesPlaines River and tributaries thereto, and any and
all other land, property or structures of the Sanitary
District, to the United States of America, the State of
Illinois, the County of Cook or/and any Municipal
Corporation, upon such terms as may be mutually agreed upon
by the Sanitary District and the United States of America,
the State of Illinois, the County of Cook or/and any
Municipal Corporation; and the Board of Trustees of the
Sanitary District is empowered to and may authorize the doing
of all things and acts, and the execution of such documents
and instruments and adopt such resolutions and ordinances in
connection therewith that may be required, and the provisions
of this Section 8a shall constitute complete authority for
the performance of all acts herein provided without reference
to other laws and shall be construed as conferring powers in
addition to, but not limiting, powers granted under other
existing laws.
Provided that The proceeds derived from any such sale or
transfer to the United States of America shall, unless
Congress shall otherwise provide, be used only for paying the
costs of controlling works in the Chicago River, the
completion, construction and enlargement of sewage treatment
works, and additions therefor, pumping stations, tunnels,
conduits and intercepting sewers connecting therewith, and
outlet sewers, together with the equipment and appurtenances
necessary thereto, and for the acquisition of the sites and
rights of way necessary thereto, and for engineering expenses
for designing and supervising the construction of the works
above described, which works are made necessary by the decree
of the Supreme Court of the United States in the consolidated
cases entitled "Wisconsin et al. v. The State of Illinois and
The Sanitary District of Chicago", numbers 7, 11 and 12
original.;
Provided, however, that Any excess of the proceeds, not
required for the cost of construction of the works made
necessary by the decree, may be used for the construction of
sewage disposal plants and equipment thereof, pumping
stations, and intercepting sewers and appurtenances thereto,
the acquisition of sites and easements therefor and the
expense of design and supervision of the construction
thereof.
(Source: P.A. 89-445, eff. 2-7-96; revised 6-27-97.)
(70 ILCS 2605/19a) (from Ch. 42, par. 340)
Sec. 19a. No person shall be an incompetent judge or
juror by reason of his being an inhabitant or or owner or
life tenant of real estate in any sanitary district formed
under the provisions hereof in any action in which such
sanitary district may be a party in interest.
(Source: P.A. 84-551; revised 6-27-97.)
Section 72. The Sanitary District Act of 1936 is amended
by changing Sections 1 and 4.1 as follows:
(70 ILCS 2805/1) (from Ch. 42, par. 412)
Sec. 1. Incorporation; referendum.
(a) Any area of contiguous territory within the limits
of a single county and without the limits of any city,
village or incorporated town, may be incorporated as a
sanitary district under this Act in the manner provided in
this Section. following:
(b) Any 20% of the legal voters residing, resident
within the limits of the such proposed sanitary district, may
petition the Circuit Court in the county in which the
proposed district is situated, to cause to be submitted to
the legal voters of the such proposed sanitary district the
question of as to whether the such proposed territory shall
be organized as a sanitary district under this Act. The Such
petition shall be addressed to the Circuit Court and shall
contain a definite description of the boundaries of the
territory to be embraced in the such district, and the name
of the such proposed sanitary district.
(c) Upon filing of the such petition in the office of
the circuit clerk in the county in which the such proposed
sanitary district is situated, it shall be the duty of the
Circuit Court shall to name 3 judges of the such court who
shall constitute a board of commissioners, which shall have
power and authority to consider the boundaries of the such
proposed sanitary district and whether the such boundaries
shall be as described in the such petition or otherwise. The
decision of 2 two of the such commissioners shall be
conclusive and shall not be subject to review in any manner,
directly or indirectly.
(d) Notice shall be given by the Circuit Court of the
time and place where the such commissioners will meet, by a
publication of such notice at least 20 days prior to the such
meeting in one or more daily or weekly newspapers published
in the such proposed district or and, if no such newspaper is
published in the such proposed district, then by the posting
of at least 5 five copies of the such notice in the such
proposed district at least 20 days before the such hearing.
(e) At the such meeting all persons who reside resident
in the such proposed district shall have an opportunity to be
heard and to make suggestions regarding touching the location
and boundary of the such proposed district and to make
suggestions regarding the same. The Such commissioners,
after hearing statements, evidence and suggestions, shall fix
and determine the boundaries of the such proposed district,
and for that purpose and to that extent they, may alter and
amend the such petition. After the such determination by the
commissioners, or a majority of them, their determination
shall be incorporated in an order, which shall be entered of
record in the Circuit Court.
(f) Upon the entering of the such order, the Circuit
Court shall certify the the question of the organization and
establishment of the proposed sanitary district, with the
boundaries as determined by the commissioners, to the
appropriate election authorities who shall submit the
question at an election in accordance with the general
election law. In addition to the requirements of the general
election law, notice shall specify briefly the purpose of the
such election, with a description of the such proposed
sanitary district.
(g) Each legal voter resident within the such proposed
sanitary district shall have the right to cast a ballot at
the such referendum. The question shall be in substantially
the following form:
-------------------------------------------------------------
For Sanitary District
-------------------------------------------------------------
Against Sanitary District
-------------------------------------------------------------
(h) The Circuit Court shall cause a statement of the
result of the such referendum to be entered of record in the
Circuit Court. If a majority of the votes cast upon the
question of the organization and establishment of the
proposed sanitary district shall be in favor of the
organization and establishment of the proposed sanitary
district, the such proposed sanitary district shall
thenceforth be deemed to have been incorporated and to be an
organized sanitary district under this Act.
(Source: P.A. 83-343; revised 6-27-97.)
(70 ILCS 2805/4.1) (from Ch. 42, par. 415.1)
Sec. 4.1. The board of trustees of any sanitary district
may arrange to provide for the benefit of employees and
trustees of the sanitary district group life, health,
accident, hospital and medical insurance, or any one or any
combination of such types of insurance. Such insurance may
include provision for employees and trustees who rely on
treatment by prayer or spiritual means alone for healing in
accordance with the tenets and practice of a well recognized
religious denomination. The board of trustees may provide
for payment by the sanitary district of the premium or charge
for such insurance.
If the board of trustees do not provide for a plan
pursuant to which the sanitary district pays the premium or
charge for any group insurance plan, the board of trustees
may provide for the withholding and deducting from the
compensation of such of the employees and trustees as consent
thereto the premium or charge for any group life, health,
accident, hospital and medical insurance.
The board of trustees may exercise the powers granted in
this section only if the kinds of such group insurance are
obtained from any insurance company authorized to do business
in the State of Illinois, or any non-profit hospital service
corporation organized under the provisions of the Non-profit
Hospital Service Plan Act, as heretofore and hereafter
amended, or incorporated under the provisions of the Medical
Service Plan Act, as heretofore and hereafter amended, or any
other organization or service offering similar coverage. The
board of trustees may enact an ordinance prescribing the
method of operations of such insurance program.
(Source: Laws 1963, p. 2754; revised 1-21-98.)
Section 73. The Metro East Solid Waste Disposal and
Energy Producing Service Act is amended by changing Section 1
as follows:
(70 ILCS 3110/1) (from Ch. 111 1/2, par. 7101)
Sec. 1. Finding and Purpose. For the benefit of the
People of this State, the increase of their commerce, welfare
and prosperity, and the improvement of their health and
living conditions, it is essential that provision be made for
the efficient collection and disposal of waste on a district
basis from both public and private sources in compliance with
State and federal laws, regulations, and policies and for the
generation of energy and the recovery of usable resources
form such waste to the extent practicable. It is the purpose
of this Act to assist certain participating political
subdivisions of this State, other public entities and the
private sector of the economy to provide adequate waste
disposal facilities and facilities for the generation of
steam, electricity, or other forms of energy from fuels which
are derived from or are otherwise related to waste disposal
facilities by providing a coordinating agency and a financing
vehicle for such facilities. It is the purpose of this Act
to assist the participating municipalities to effect waste
disposal programs on a district basis and to that end this
Act provides for the creation of the Metro East Solid
Disposal and Energy Producing Service. It is the intention
and purpose of this Act that, without in any way limiting the
discretion of the Service, the Service and the Environmental
Protection Agency are to cooperate to the maximum extent
practicable in effecting a district waste disposal and energy
generating program to service. the participating
municipalities.
(Source: P.A. 84-1320; revised 12-18-97.)
Section 74. The Surface Water Protection District Act is
amended by changing Section 19 as follows:
(70 ILCS 3405/19) (from Ch. 42, par. 466)
Sec. 19. Bonds. Any surface water protection district
may borrow money for its corporate purposes and may issue
bonds therefor, but shall not become indebted in any manner,
or for any purpose, in to an amount exceeding, in the
aggregate, to exceed 5% of the valuation of taxable property
therein, to be ascertained by the last equalized assessment
for State and county taxes previous to the incurring of such
indebtedness. Whenever the board of trustees of the such
district desires to issue bonds under this Section it
hereunder they shall, except as otherwise provided in Section
20a, certify the question to to the proper election
officials, who shall submit the question at an election in
accordance with the general election law. The result of the
referendum shall be entered upon the records of the district.
If a majority of the votes on the question are in favor of
the issuance issue of bonds, the board of trustees shall
order and direct the execution of the bonds for and on behalf
of the district. All bonds issued hereunder shall mature in
not exceeding 20 annual installments. The ballots for
elections held under this Section shall be in substantially
the following form:
-------------------------------------------------------------
Shall .... Surface Water YES
Protection District issue bonds ------------------------
in the amount of .... dollars? NO
-------------------------------------------------------------
(Source: P.A. 81-1489; revised 6-27-97.)
Section 75. The Water Authorities Act is amended by
changing Section 2 as follows:
(70 ILCS 3715/2) (from Ch. 111 2/3, par. 224)
Sec. 2. The court shall canvass the returns of the
election and by written order shall determine and declare the
result thereof within the territory that shall be described
in the order, which order shall be entered of record in the
the court. If a majority of the votes cast upon the question
shall be in favor of the same, the order shall declare the
territory a duly organized water authority and a body
corporate and politic. In case the territory of the proposed
authority is situated in more than one county, then the court
shall cause a certified copy of the order to be filed with
the circuit clerk of each of the such other county or
counties, who shall cause the same to be filed of record in
their respective courts.
(Source: P.A. 83-343; revised 6-27-97.)
Section 76. The Illinois Local Library Act is amended by
changing Section 5-9 as follows:
(75 ILCS 5/5-9) (from Ch. 81, par. 5-9)
Sec. 5-9. Nothing in this Article 5 shall be construed as
limiting or affecting in any way the powers of boards of
trustees of township libraries under the Township Library
Bond Act "An Act to enable boards of of public libraries to
borrow money for the erection or improvement of library
buildings or to purchase library sites", approved May 18,
1905, as heretofore and hereafter amended.
(Source: P.A. 84-770; revised 6-27-97.)
Section 77. The School Code is amended by setting forth
and renumbering multiple versions of Section 2-3.120 and
changing Sections 2-3.25g, 9-11.2, 10-10, 10-22.3a, 10-22.31,
17-2.2c, 18-8, and 18-8.05 as follows:
(105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
Sec. 2-3.25g. Waiver or modification of mandates within
the School Code and administrative rules and regulations.
Notwithstanding any other provisions of this School Code or
any other law of this State to the contrary, school districts
may petition the State Board of Education for the waiver or
modification of the mandates of this School Code or of the
administrative rules and regulations promulgated by the State
Board of Education. Waivers or modifications of
administrative rules and regulations and modifications of
mandates of this School Code may be requested when a school
district demonstrates that it can address the intent of the
rule or mandate in a more effective, efficient, or economical
manner or when necessary to stimulate innovation or improve
student performance. Waivers of mandates of the School Code
may be requested when the waivers are necessary to stimulate
innovation or improve student performance. Waivers may not
be requested from laws, rules, and regulations pertaining to
special education, teacher certification, or teacher tenure
and seniority.
School districts, as a matter of inherent managerial
policy, and any Independent Authority established under
Section 2-3.25f may submit an application for a waiver or
modification authorized under this Section. Each application
must include a written request by the school district or
Independent Authority and must demonstrate that the intent of
the mandate can be addressed in a more effective, efficient,
or economical manner or be based upon a specific plan for
improved student performance and school improvement. Any
district requesting a waiver or modification for the reason
that intent of the mandate can be addressed in a more
economical manner shall include in the application a fiscal
analysis showing current expenditures on the mandate and
projected savings resulting from the waiver or modification.
Applications and plans developed by school districts must be
approved by each board of education following a public
hearing on the application and plan and the opportunity for
the board to hear testimony from educators directly involved
in its implementation, parents, and students. The public
hearing must be preceded by at least one published notice
occurring at least 7 days prior to the hearing in a newspaper
of general circulation within the school district that sets
forth the time, date, place, and general subject matter of
the hearing. The school district must notify in writing the
affected exclusive collective bargaining agent of the
district's intent to seek approval of a waiver or
modification and of the hearing to be held to take testimony
from educators. The affected exclusive collective bargaining
agents shall be notified of such public hearing at least 7
days prior to the date of the hearing and shall be allowed to
attend such public hearing.
A request for a waiver or modification of administrative
rules and regulations or for a modification of mandates
contained in this School Code shall be submitted to the State
Board of Education within 15 days after approval by the board
of education. Following receipt of the request, the State
Board shall have 45 days to review the application and
request. If the State Board fails to disapprove the
application within that 45 day period, the waiver or
modification shall be deemed granted. The State Board may
disapprove any request if it is not based upon sound
educational practices, endangers the health or safety of
students or staff, compromises equal opportunities for
learning, or fails to demonstrate that the intent of the rule
or mandate can be addressed in a more effective, efficient,
or economical manner or have improved student performance as
a primary goal. Any request disapproved by the State Board
may be appealed to the General Assembly by the requesting
school district as outlined in this Section.
A request for a waiver from mandates contained in this
School Code shall be submitted to the State Board within 15
days after approval by the board of education. The State
Board shall review the applications and requests for
completeness and shall compile the requests in reports to be
filed with the General Assembly. The State Board shall file
reports outlining the waivers requested by school districts
and appeals by school districts of requests disapproved by
the State Board with the Senate and the House of
Representatives before each May 1 and October 1. The General
Assembly may disapprove the report of the State Board in
whole or in part within 30 calendar days after each house of
the General Assembly next convenes after the report is filed
by adoption of a resolution by a record vote of the majority
of members elected in each house. If the General Assembly
fails to disapprove any waiver request or appealed request
within such 30 day period, the waiver or modification shall
be deemed granted. Any resolution adopted by the General
Assembly disapproving a report of the State Board in whole or
in part shall be binding on the State Board.
An approved waiver or modification may remain in effect
for a period not to exceed 5 school years and may be renewed
upon application by the school district. However, such waiver
or modification may be changed within that 5-year period by a
local school district board following the procedure as set
forth in this Section for the initial waiver or modification
request. If neither the State Board of Education nor the
General Assembly disapproves, the change is deemed granted.
On or before February 1, 1998, and each year thereafter,
the State Board of Education shall submit a cumulative report
summarizing all types of waiver mandates and modifications of
mandates granted by the State Board or the General Assembly.
The report shall identify the topic of the waiver along with
the number and percentage of school districts for which the
waiver has been granted. The report shall also include any
recommendations from the State Board regarding the repeal or
of modification of waived mandates.
(Source: P.A. 89-3, eff. 2-27-95; 89-626, eff. 8-9-96; 90-62,
eff. 7-3-97; 90-462, eff. 8-17-97; revised 11-17-97.)
(105 ILCS 5/2-3.120)
Sec. 2-3.120. Non-Public school students' access to
technology.
(a) The General Assembly finds and declares that the
Constitution of the State of Illinois provides that a
"fundamental goal of the People of the State is the
educational development of all persons to the limit of their
capacities", and that the educational development of every
school student serves the public purposes of the State. In
order to enable Illinois students to leave school with the
basic skills and knowledge that will enable them to find and
hold jobs and otherwise function as productive members of
society in the 21st Century, all students must have access to
the vast educational resources provided by computers. The
provisions of this Section are in the public interest, for
the public benefit, and serve a secular public purpose.
(b) The State Board of Education shall provide
non-public schools with ports to the Board's statewide
educational network, provided that this access does not
diminish the services available to public schools and
students. The State Board of Education shall charge for this
access in an amount necessary to offset its cost. Amounts
received by the State Board of Education under this Section
shall be deposited in the School Technology Revolving Fund as
described in Section 2-3.121. The statewide network may be
used only for secular educational purposes.
(c) For purposes of this Section, a non-public school
means: (i) any non-profit, non-public college; or (ii) any
non-profit, non-home-based, non-public elementary or
secondary school that is in compliance with Title VI of the
Civil Rights Act of 1964 and attendance at which satisfies
the requirements of Section 26-1 of the School Code.
(Source: P.A. 90-463, eff. 8-17-97; 90-566, eff. 1-2-98.)
(105 ILCS 5/2-3.123)
Sec. 2-3.123. 2-3.120. Giant Steps pilot program. From
appropriations made for purposes of this Section, the State
Board of Education shall implement and administer a Giant
Steps pilot program for the study and evaluation of autism
and to provide related teacher training. The program shall
be operated over a period of 3 school years, beginning with
the 1997-1998 school year. The State Board of Education is
authorized to make grants to school districts that apply to
participate in the Giant Steps program as implemented and
administered by the State Board of Education. The State
Board of Education shall by rule provide the form of
application and criteria to be used and applied in selecting
participating school districts.
(Source: P.A. 90-498, eff. 8-18-97; revised 11-19-97.)
(105 ILCS 5/2-3.125)
Sec. 2-3.125. 2-3.120. Arts and humanities organizations
and cultural institutions. The State Board of Education is
authorized to reimburse not-for-profit arts and humanities
organizations and cultural institutions of Illinois,
including but not limited to, museums and theater or dance
companies, for the costs of providing educational programs to
public elementary and secondary school students.
(Source: P.A. 90-361, eff. 1-1-98; revised 1-12-98.)
(105 ILCS 5/9-11.2) (from Ch. 122, par. 9-11.2)
Sec. 9-11.2. For all school districts electing
candidates to a board of education in a manner other than at
large, candidates not elected at large who file nominating
petitions for a full term shall be grouped together by area
of residence as follows:
(1) by congressional townships, or
(2) according to incorporated or unincorporated areas,
or
(3) by affected school districts, if the form of ballot
prescribed by Format 2a or 2b of Section 9-12 is required to
be used for the election.
For all school districts electing candidates to a board
of education in a manner other than at large, candidates not
elected at large who file nominating petitions for an
unexpired term shall be grouped together by area of residence
as follows:
(1) by congressional townships, or
(2) according to incorporated or unincorporated areas,
or
(3) by affected school districts, if the form of ballot
prescribed by Format 2a or 2b of Section 9-12 is required to
be used for the election.
Except in those instances when the ballot under Format 5
of Section 9-12 is required to be used, candidate groupings
by area of residence for full terms shall precede the
candidate groupings by area of residence for unexpired terms
on the ballot. In all instances, however, the ballot order of
each candidate grouping shall be determined by the order of
petition filing or lottery held pursuant to Section 9-11.1 in
the following manner:
The area of residence of the candidate determined to be
first by order of petition filing or by lottery shall be
listed first among the candidate groupings on the ballot.
All other candidates from the same area of residence will
follow according to order of petition filing or the lottery.
The area of residence of the candidate determined to be
second by the order of petition filing or the lottery shall
be listed second among the candidate groupings on the ballot.
All other candidates from the same area of residence will
follow according to the order of petition filing or the
lottery. The ballot order of additional candidate groupings
by area of residence shall be established in a like manner.
In any school district that elects its board members
according to area of residence and that has one or more
unexpired terms to be filled at an election, the winner or
winners of the unexpired term or terms shall be determined
first and independently of those running for full terms. The
winners of the full terms shall then be determined taking
into consideration the areas of residence of those elected to
fill the unexpired term or terms.
"Area of Residence" means congressional township,
incorporated and unincorporated territories, and, if the form
of ballot prescribed by Format 2a or 2b of Section 9-12 is
required to be used in electing candidates to a board of
education, affected school districts.
"Affected school district" means either of the 2 entire
elementary school districts that are formed into a combined
school district established as provided in subsection (a-5)
of Section 11B-7.
(Source: P.A. 89-579, eff. 7-30-96; 90-59, eff. 7-3-97;
90-459, eff. 8-17-97; revised 11-14-97.)
(105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
Sec. 10-10. Board of education; Term; Vacancy. All
school districts having a population of not fewer than 1,000
and not more than 500,000 inhabitants, as ascertained by any
special or general census, and not governed by special Acts,
shall be governed by a board of education consisting of 7
members, serving without compensation except as herein
provided. Each member shall be elected for a term of 4 years
except as otherwise provided in subsection (a-5) of Section
11B-7 for the initial members of the board of education of a
combined school district to which that subsection applies. If
5 members are elected in 1983 pursuant to the extension of
terms provided by law for transition to the consolidated
election schedule under the general election law, 2 of those
members shall be elected to serve terms of 2 years and 3
shall be elected to serve terms of 4 years; their successors
shall serve for a 4 year term. When the voters of a district
have voted to elect members of the board of education for 6
year terms, as provided in Section 9-5, the terms of office
of members of the board of education of that district expire
when their successors assume office but not later than 7 days
after such election. If at the regular school election held
in the first odd-numbered year after the determination to
elect members for 6 year terms 2 members are elected, they
shall serve for a 6 year term; and of the members elected at
the next regular school election 3 shall serve for a term of
6 years and 2 shall serve a term of 2 years. Thereafter
members elected in such districts shall be elected to a 6
year term. If at the regular school election held in the
first odd-numbered year after the determination to elect
members for 6 year terms 3 members are elected, they shall
serve for a 6 year term; and of the members elected at the
next regular school election 2 shall serve for a term of 2
years and 2 shall serve for a term of 6 years. Thereafter
members elected in such districts shall be elected to a 6
year term. If at the regular school election held in the
first odd-numbered year after the determination to elect
members for 6 year terms 4 members are elected, 3 shall serve
for a term of 6 years and one shall serve for a term of 2
years; and of the members elected at the next regular school
election 2 shall serve for terms of 6 years and 2 shall serve
for terms of 2 years. Thereafter members elected in such
districts shall be elected to a 6 year term. If at the
regular school election held in the first odd-numbered year
after the determination to elect members for a 6 year term 5
members are elected, 3 shall serve for a term of 6 years and
2 shall serve for a term of 2 years; and of the members
elected at the next regular school election 2 shall serve for
terms of 6 years and 2 shall serve for terms of 2 years.
Thereafter members elected in such districts shall be elected
to a 6 year term. An election for board members shall not be
held in school districts which by consolidation, annexation
or otherwise shall cease to exist as a school district within
6 six months after the election date, and the term of all
board members which would otherwise terminate shall be
continued until such district shall cease to exist. Each
member shall, on the date of his election, be a citizen of
the United States of the age of 18 years or over, a resident
of the State and the territory of the district for at least
one year immediately preceding his election, a registered
voter as provided in the general election law, and shall not
be a school trustee or a school treasurer. When the board of
education is the successor of the school directors, all
rights of property, and all rights regarding causes of action
existing or vested in such directors, shall vest in it as
fully as they were vested in the school directors. Terms of
members are subject to Section 2A-54 of the Election Code.
Nomination papers filed under this Section are not valid
unless the candidate named therein files with the secretary
of the board of education or with a person designated by the
board to receive nominating petitions a receipt from the
county clerk showing that the candidate has filed a statement
of economic interests as required by the Illinois
Governmental Ethics Act. Such receipt shall be so filed
either previously during the calendar year in which his
nomination papers were filed or within the period for the
filing of nomination papers in accordance with the general
election law.
Whenever a vacancy occurs, the remaining members shall
notify the regional superintendent of that vacancy within 5
days after its occurrence and shall proceed to fill the
vacancy until the next regular school election, at which
election a successor shall be elected to serve the remainder
of the unexpired term. However, if the vacancy occurs with
less than 868 days remaining in the term, or if the vacancy
occurs less than 88 days before the next regularly scheduled
election for this office then the person so appointed shall
serve the remainder of the unexpired term, and no election to
fill the vacancy shall be held. Should they fail so to act,
within 45 days after the vacancy occurs, the regional
superintendent of schools under whose supervision and control
the district is operating, as defined in Section 3-14.2 of
this Act, shall within 30 days after the remaining members
have failed to fill the vacancy, fill the vacancy as provided
for herein. Upon the regional superintendent's failure to
fill the vacancy, the vacancy shall be filled at the next
regularly scheduled election. Whether elected or appointed
by the remaining members or regional superintendent, the
successor shall be an inhabitant of the particular area from
which his or her predecessor was elected if the residential
requirements contained in Section 11A-8, 11B-7, or 12-2 of
this Act apply.
(Source: P.A. 89-129, eff. 7-14-95; 89-579, eff. 7-30-96;
90-358, eff. 1-1-98; 90-459, eff. 8-17-97; revised 11-14-97.)
(105 ILCS 5/10-22.3a) (from Ch. 122, par. 10-22.3a)
Sec. 10-22.3a. To provide for or to participate in
provisions for insurance protection and benefits for its
employees and their dependents including but not limited to
retirement annuities, medical, surgical and hospitalization
benefits in such types and amounts, if any, as shall be
determined by the board, for the purpose of aiding in
securing and retaining the services of competent employees.
Where employee participation in such provisions is involved,
the board, with the consent of the employee, may withhold
deductions from the employee's salary necessary to defray the
employee's share of such insurance costs. Such insurance or
benefits may be contracted for only with an insurance company
authorized to do business in this State, or any non-profit
hospital service corporation organized under the non-profit
Hospital Service Plan Act or incorporated under the Medical
Service Plan Act. Such insurance may include provisions for
employees and their dependents who rely on treatment by
prayer or spiritual means alone for healing, in accordance
with the tenets and practice of a recognized religious
denomination.
For purposes of this Section, the term "dependent" means
an employee's spouse and any unmarried child (1) under the
age of 19 years including (a) an adopted child and (b) a
step-child or recognized child who lives with the employee in
a regular parent-child relationship, or (2) under the age of
23 who is enrolled as a full-time student in any accredited
school, college or university.
(Source: P. A. 76-26; revised 1-21-98.)
(105 ILCS 5/10-22.31) (from Ch. 122, par. 10-22.31)
Sec. 10-22.31. Special education.
(a) To enter into joint agreements with other school
boards to provide the needed special educational facilities
and to employ a director and other professional workers as
defined in Section 14-1.10 and to establish facilities as
defined in Section 14-1.08 for the types of children
described in Sections 14-1.02 through 14-1.07. The director
(who may be employed under a multi-year contract as provided
in subsection (c) of this Section) and other professional
workers may be employed by one district, which shall be
reimbursed on a mutually agreed basis by other districts that
are parties to the joint agreement. Such agreements may
provide that one district may supply professional workers for
a joint program conducted in another district. Such
agreement shall provide that any full-time school
psychologist who is employed by a joint agreement program and
spends over 50% of his or her time in one school district
shall not be required to work a different teaching schedule
than the other school psychologists in that district. Such
agreement shall include, but not be limited to, provisions
for administration, staff, programs, financing, housing,
transportation, an advisory body, and for the withdrawal of
districts from the joint agreement. Except as otherwise
provided in Section 10-22.31.1, the withdrawal of districts
from the joint agreement shall be by petition to the regional
board of school trustees. Such agreement may be amended at
any time as provided in the joint agreement or, if the joint
agreement does not so provide, then such agreement may be
amended at any time upon the adoption of concurring
resolutions by the school boards of all member districts. A
fully executed copy of any such agreement or amendment
entered into on or after January 1, 1989 shall be filed with
the State Board of Education. Such petitions for withdrawal
shall be made to the regional board of school trustees of all
counties having jurisdiction over one or more of the
districts in the joint agreement. Upon receipt of a petition
for withdrawal, the regional boards of school trustees having
jurisdiction over the cooperating districts shall publish
notice of and conduct a joint hearing on the issue as
provided in Section 7-6. No such petition may be considered,
however, unless in compliance with Section 7-8. If approved
by a 2/3 vote of all trustees of those regional boards, at a
joint meeting, the withdrawal takes effect as provided in
Section 7-9 of this Act.
(b) To either (1) designate an administrative district
to act as fiscal and legal agent for the districts that are
parties to the joint agreement, or (2) designate a governing
board composed of one member of the school board of each
cooperating district and designated by such boards to act in
accordance with the joint agreement. No such governing board
may levy taxes and no such governing board may incur any
indebtedness except within an annual budget for the joint
agreement approved by the governing board and by the boards
of at least a majority of the cooperating school districts or
a number of districts greater than a majority if required by
the joint agreement. If more than 17 school districts are
parties to the joint agreement, the governing board may
appoint an executive board of at least 7 members to
administer the joint agreement in accordance with its terms.
However, if 20 school districts, a majority of which are
located wholly or partially in a county with a population in
excess of 3,000,000 inhabitants, are parties to a joint
agreement that does not have an administrative district: (i)
at least a majority of the members appointed by the governing
board to the executive board shall be members of the school
boards of the cooperating districts; and (ii) if the
governing board wishes to appoint members who are not school
board members, they shall be superintendents from the
cooperating districts.
(c) To employ a director of a joint agreement program
under a multi-year contract. No such contract can be offered
or accepted for less than or more than 3 years, except for a
person serving as a director of a special education joint
agreement for the first time in Illinois. In such a case,
the initial contract shall be for a 2 year period. Such
contract may be discontinued at any time by mutual agreement
of the contracting parties, or may be extended for an
additional 3 years at the end of any year.
The contract year is July 1 through the following June
30th, unless the contract specifically provides otherwise.
Notice of intent not to renew a contract when given by a
controlling board or administrative district must be in
writing stating the specific reason therefor. Notice of
intent not to renew the contract must be given by the
controlling board or the administrative district at least 90
days before the contract expires. Failure to do so will
automatically extend the contract for one additional year.
By accepting the terms of the multi-year contract, the
director of a special education joint agreement waives all
rights granted under Sections 24-11 through 24-16 for the
duration of his or her employment as a director of a special
education joint agreement.
(d) To designate a district that is a party to the joint
agreement as the issuer of bonds or notes for the purposes
and in the manner provided in this Section. It is not
necessary for such district to also be the administrative
district for the joint agreement, nor is it necessary for the
same district to be designated as the issuer of all series of
bonds or notes issued hereunder. Any district so designated
may, from time to time, borrow money and, in evidence of its
obligation to repay the borrowing, issue its negotiable bonds
or notes for the purpose of acquiring, constructing,
altering, repairing, enlarging and equipping any building or
portion thereof, together with any land or interest therein,
necessary to provide special educational facilities and
services as defined in Section 14-1.08. Title in and to any
such facilities shall be held in accordance with the joint
agreement.
Any such bonds or notes shall be authorized by a
resolution of the board of education of the issuing district.
The resolution may contain such covenants as may be deemed
necessary or advisable by the district to assure the payment
of the bonds or notes. The resolution shall be effective
immediately upon its adoption.
Prior to the issuance of such bonds or notes, each school
district that is a party to the joint agreement shall agree,
whether by amendment to the joint agreement or by resolution
of the board of education, to be jointly and severally liable
for the payment of the bonds and notes. The bonds or notes
shall be payable solely and only from the payments made
pursuant to such agreement.
Neither the bonds or notes nor the obligation to pay the
bonds or notes under any joint agreement shall constitute an
indebtedness of any district, including the issuing district,
within the meaning of any constitutional or statutory
limitation.
As long as any bonds or notes are outstanding and unpaid,
the agreement by a district to pay the bonds and notes shall
be irrevocable notwithstanding the district's withdrawal from
membership in the joint special education program.
(e) If a district whose employees are on strike was,
prior to the strike, sending students with disabilities to
special educational facilities and services in another
district or cooperative, the district affected by the strike
shall continue to send such students during the strike and
shall be eligible to receive appropriate State reimbursement.
(f) With respect to those joint agreements that have a
governing board composed of one member of the school board of
each cooperating district and designated by those boards to
act in accordance with the joint agreement, the governing
board shall have, in addition to its other powers under this
Section, the authority to issue bonds or notes for the
purposes and in the manner provided in this subsection. The
governing board of the joint agreement may from time to time
borrow money and, in evidence of its obligation to repay the
borrowing, issue its negotiable bonds or notes for the
purpose of acquiring, constructing, altering, repairing,
enlarging and equipping any building or portion thereof,
together with any land or interest therein, necessary to
provide special educational facilities and services as
defined in Section 14-1.08 and including also facilities for
activities of administration and educational support
personnel employees. Title in and to any such facilities
shall be held in accordance with the joint agreement.
Any such bonds or notes shall be authorized by a
resolution of the governing board. The resolution may
contain such covenants as may be deemed necessary or
advisable by the governing board to assure the payment of the
bonds or notes and interest accruing thereon. The resolution
shall be effective immediately upon its adoption.
Each school district that is a party to the joint
agreement shall be automatically liable, by virtue of its
membership in the joint agreement, for its proportionate
share of the principal amount of the bonds and notes plus
interest accruing thereon, as provided in the resolution.
Subject to the joint and several liability hereinafter
provided for, the resolution may provide for different
payment schedules for different districts except that the
aggregate amount of scheduled payments for each district
shall be equal to its proportionate share of the debt service
in the bonds or notes based upon the fraction that its
equalized assessed valuation bears to the total equalized
assessed valuation of all the district members of the joint
agreement as adjusted in the manner hereinafter provided. In
computing that fraction the most recent available equalized
assessed valuation at the time of the issuance of the bonds
and notes shall be used, and the equalized assessed valuation
of any district maintaining grades K to 12 shall be doubled
in both the numerator and denominator of the fraction used
for all of the districts that are members of the joint
agreement. In case of default in payment by any member, each
school district that is a party to the joint agreement shall
automatically be jointly and severally liable for the amount
of any deficiency. The bonds or notes and interest thereon
shall be payable solely and only from the funds made
available pursuant to the procedures set forth in this
subsection. No project authorized under this subsection may
require an annual contribution for bond payments from any
member district in excess of 0.15% of the value of taxable
property as equalized or assessed by the Department of
Revenue in the case of districts maintaining grades K-8 or
9-12 and 0.30% of the value of taxable property as equalized
or assessed by the Department of Revenue in the case of
districts maintaining grades K-12. This limitation on taxing
authority is expressly applicable to taxing authority
provided under Section 17-9 and other applicable Sections of
this Act. Nothing contained in this subsection shall be
construed as an exception to the property tax limitations
contained in Section 17-2, 17-2.2a, 17-5, or any other
applicable Section of this Act.
Neither the bonds or notes nor the obligation to pay the
bonds or notes under any joint agreement shall constitute an
indebtedness of any district within the meaning of any
constitutional or statutory limitation.
As long as any bonds or notes are outstanding and unpaid,
the obligation of a district to pay its proportionate share
of the principal of and interest on the bonds and notes as
required in this Section shall be a general obligation of the
district payable from any and all sources of revenue
designated for that purpose by the board of education of the
district and shall be irrevocable notwithstanding the
district's withdrawal from membership in the joint special
education program.
(Source: P.A. 89-397, eff. 8-20-95; 89-613, eff. 8-9-96;
89-626, eff. 8-9-96; 90-103, eff. 7-11-97; 90-515, eff.
8-22-97; revised 11-13-97.)
(105 ILCS 5/17-2.2c) (from Ch. 122, par. 17-2.2c)
Sec. 17-2.2c. Tax for leasing educational facilities or
computer technology or both, and for temporary relocation
expense purposes. The school board of any district may, by
proper resolution, may levy an annual tax, in addition to any
other taxes and not subject to the limitations specified
elsewhere in this Article, not to exceed .05% upon the value
of the taxable property as equalized or assessed by the
Department of Revenue, for the purpose of leasing educational
facilities or computer technology or both, and, in order to
repay the State all moneys distributed to it for temporary
relocation expenses of the district, may levy an annual tax
not to exceed .05% upon the value of the taxable property as
equalized or assessed by the Department of Revenue for a
period not to exceed 7 years for the purpose of providing for
the repayment of moneys distributed for temporary relocation
expenses of the school district pursuant to Section 2-3.77.
The tax rate limit specified by this Section with respect
to an annual tax levied for the purpose of leasing
educational facilities or computer technology or both may be
increased to .10% upon the approval of a proposition to
effect such increase by a majority of the electors voting on
that proposition at a regular scheduled election. Such
proposition may be initiated by resolution of the school
board and shall be certified by the secretary to the proper
election authorities for submission in accordance with the
general election law.
The district is authorized to pledge any tax levied
pursuant to this Section for the purpose of leasing
educational facilities or computer technology or both to
secure the payment of any lease, lease-purchase agreement, or
installment purchase agreement entered into by the district
for such purpose.
For the purposes of this Section, "leasing of educational
facilities or computer technology or both" includes any
payment with respect to a lease, lease-purchase agreement, or
installment purchase agreement to acquire or use buildings,
rooms, grounds, and appurtenances to be used by the district
for the use of schools or for school administration purposes
and all equipment, fixtures, renovations, and improvements to
existing facilities of the district necessary to accommodate
computers, as well as computer hardware and software.
Any school district may abolish or abate its fund for
leasing educational facilities or computer technology or both
and for temporary relocation expense purposes upon the
adoption of a resolution so providing and upon a
determination by the school board that the moneys in the fund
are no longer needed for leasing educational facilities or
computer technology or both or for temporary relocation
expense purposes. The resolution shall direct the transfer
of any balance in the fund to another school district fund or
funds immediately upon the resolution taking effect.
Thereafter, any outstanding taxes of the school district
levied pursuant to this Section shall be collected and paid
into the fund or funds as directed by the school board.
Nothing in this Section shall prevent a school district that
has abolished or abated the fund from again creating a fund
for leasing educational facilities and for temporary
relocation expense purposes in the manner provided in this
Section.
(Source: P.A. 89-106, eff. 7-7-95; 90-97, eff. 7-11-97;
90-464, eff. 8-17-97; revised 11-17-97.)
(105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
(Section scheduled to be repealed on July 1, 1998)
Sec. 18-8. Basis for apportionment to districts,
laboratory schools and alternative schools.
A. The amounts to be apportioned for school years prior
to the 1998-1999 school year shall be determined for each
educational service region by school districts, as follows:
1. General Provisions.
(a) In the computation of the amounts to be apportioned,
the average daily attendance of all pupils in grades 9
through 12 shall be multiplied by 1.25. The average daily
attendance of all pupils in grades 7 and 8 shall be
multiplied by 1.05.
(b) The actual number of pupils in average daily
attendance shall be computed in a one-teacher school district
by dividing the total aggregate days of pupil attendance by
the actual number of days school is in session but not more
than 30 such pupils shall be accredited for such type of
district; and in districts of 2 or more teachers, or in
districts where records of attendance are kept by session
teachers, by taking the sum of the respective averages of the
units composing the group.
(c) Pupils in average daily attendance shall be computed
upon the average of the best 3 months of pupils attendance of
the current school year except as district claims may be
later amended as provided hereinafter in this Section.
However, for any school district maintaining grades
kindergarten through 12, the "average daily attendance" shall
be computed on the average of the best 3 months of pupils
attendance of the current year in grades kindergarten through
8, added together with the average of the best 3 months of
pupils attendance of the current year in grades 9 through 12,
except as district claims may be later amended as provided in
this Section. Days of attendance shall be kept by regular
calendar months, except any days of attendance in August
shall be added to the month of September and any days of
attendance in June shall be added to the month of May.
Except as otherwise provided in this Section, days of
attendance by pupils shall be counted only for sessions of
not less than 5 clock hours of school work per day under
direct supervision of: (i) teachers, or (ii) non-teaching
personnel or volunteer personnel when engaging in
non-teaching duties and supervising in those instances
specified in subsection (a) of Section 10-22.34 and paragraph
10 of Section 34-18, with pupils of legal school age and in
kindergarten and grades 1 through 12.
(d) Pupils regularly enrolled in a public school for
only a part of the school day may be counted on the basis of
1/6 day for every class hour of instruction of 40 minutes or
more attended pursuant to such enrollment.
(e) Days of attendance may be less than 5 clock hours on
the opening and closing of the school term, and upon the
first day of pupil attendance, if preceded by a day or days
utilized as an institute or teachers' workshop.
(f) A session of 4 or more clock hours may be counted as
a day of attendance upon certification by the regional
superintendent, and approved by the State Superintendent of
Education to the extent that the district has been forced to
use daily multiple sessions.
(g) A session of 3 or more clock hours may be counted as
a day of attendance (1) when the remainder of the school day
or at least 2 hours in the evening of that day is utilized
for an in-service training program for teachers, up to a
maximum of 5 days per school year of which a maximum of 4
days of such 5 days may be used for parent-teacher
conferences, provided a district conducts an in-service
training program for teachers which has been approved by the
State Superintendent of Education; or, in lieu of 4 such
days, 2 full days may be used, in which event each such day
may be counted as a day of attendance; and (2) when days in
addition to those provided in item (1) are scheduled by a
school pursuant to its school improvement plan adopted under
Article 34 or its revised or amended school improvement plan
adopted under Article 2, provided that (i) such sessions of 3
or more clock hours are scheduled to occur at regular
intervals, (ii) the remainder of the school days in which
such sessions occur are utilized for in-service training
programs or other staff development activities for teachers,
and (iii) a sufficient number of minutes of school work under
the direct supervision of teachers are added to the school
days between such regularly scheduled sessions to accumulate
not less than the number of minutes by which such sessions of
3 or more clock hours fall short of 5 clock hours. Any full
days used for the purposes of this paragraph shall not be
considered for computing average daily attendance. Days
scheduled for in-service training programs, staff development
activities, or parent-teacher conferences may be scheduled
separately for different grade levels and different
attendance centers of the district.
(h) A session of not less than one clock hour teaching
of hospitalized or homebound pupils on-site or by telephone
to the classroom may be counted as 1/2 day of attendance,
however these pupils must receive 4 or more clock hours of
instruction to be counted for a full day of attendance.
(i) A session of at least 4 clock hours may be counted
as a day of attendance for first grade pupils, and pupils in
full day kindergartens, and a session of 2 or more hours may
be counted as 1/2 day of attendance by pupils in
kindergartens which provide only 1/2 day of attendance.
(j) For children with disabilities who are below the age
of 6 years and who cannot attend two or more clock hours
because of their disability or immaturity, a session of not
less than one clock hour may be counted as 1/2 day of
attendance; however for such children whose educational needs
so require a session of 4 or more clock hours may be counted
as a full day of attendance.
(k) A recognized kindergarten which provides for only
1/2 day of attendance by each pupil shall not have more than
1/2 day of attendance counted in any 1 day. However,
kindergartens may count 2 1/2 days of attendance in any 5
consecutive school days. Where a pupil attends such a
kindergarten for 2 half days on any one school day, such
pupil shall have the following day as a day absent from
school, unless the school district obtains permission in
writing from the State Superintendent of Education.
Attendance at kindergartens which provide for a full day of
attendance by each pupil shall be counted the same as
attendance by first grade pupils. Only the first year of
attendance in one kindergarten shall be counted except in
case of children who entered the kindergarten in their fifth
year whose educational development requires a second year of
kindergarten as determined under the rules and regulations of
the State Board of Education.
(l) Days of attendance by tuition pupils shall be
accredited only to the districts that pay the tuition to a
recognized school.
(m) The greater of the immediately preceding year's
weighted average daily attendance or the average of the
weighted average daily attendance of the immediately
preceding year and the previous 2 years shall be used.
For any school year beginning July 1, 1986 or thereafter,
if the weighted average daily attendance in either grades
kindergarten through 8 or grades 9 through 12 of a district
as computed for the first calendar month of the current
school year exceeds by more than 5%, but not less than 25
pupils, the district's weighted average daily attendance for
the first calendar month of the immediately preceding year
in, respectively, grades kindergarten through 8 or grades 9
through 12, a supplementary payment shall be made to the
district equal to the difference in the amount of aid the
district would be paid under this Section using the weighted
average daily attendance in the district as computed for the
first calendar month of the current school year and the
amount of aid the district would be paid using the weighted
average daily attendance in the district for the first
calendar month of the immediately preceding year. Such
supplementary State aid payment shall be paid to the district
as provided in Section 18-8.4 and shall be treated as
separate from all other payments made pursuant to this
Section 18-8.
(n) The number of low income eligible pupils in a
district shall result in an increase in the weighted average
daily attendance calculated as follows: The number of low
income pupils shall increase the weighted ADA by .53 for each
student adjusted by dividing the percent of low income
eligible pupils in the district by the ratio of eligible low
income pupils in the State to the best 3 months' weighted
average daily attendance in the State. In no case may the
adjustment under this paragraph result in a greater weighting
than .625 for each eligible low income student. The number
of low income eligible pupils in a district shall be the
low-income eligible count from the most recently available
federal census and the weighted average daily attendance
shall be calculated in accordance with the other provisions
of this paragraph.
(o) Any school district which fails for any given school
year to maintain school as required by law, or to maintain a
recognized school is not eligible to file for such school
year any claim upon the common school fund. In case of
nonrecognition of one or more attendance centers in a school
district otherwise operating recognized schools, the claim of
the district shall be reduced in the proportion which the
average daily attendance in the attendance center or centers
bear to the average daily attendance in the school district.
A "recognized school" means any public school which meets the
standards as established for recognition by the State Board
of Education. A school district or attendance center not
having recognition status at the end of a school term is
entitled to receive State aid payments due upon a legal claim
which was filed while it was recognized.
(p) School district claims filed under this Section are
subject to Sections 18-9, 18-10 and 18-12, except as herein
otherwise provided.
(q) The State Board of Education shall secure from the
Department of Revenue the value as equalized or assessed by
the Department of Revenue of all taxable property of every
school district together with the applicable tax rate used in
extending taxes for the funds of the district as of September
30 of the previous year. The Department of Revenue shall add
to the equalized assessed value of all taxable property of
each school district situated entirely or partially within a
county with 2,000,000 or more inhabitants an amount equal to
the total amount by which the homestead exemptions allowed
under Sections 15-170 and 15-175 of the Property Tax Code for
real property situated in that school district exceeds the
total amount that would have been allowed in that school
district as homestead exemptions under those Sections if the
maximum reduction under Section 15-170 of the Property Tax
Code was $2,000 and the maximum reduction under Section
15-175 of the Property Tax Code was $3,500. The county clerk
of any county with 2,000,000 or more inhabitants shall
annually calculate and certify to the Department for each
school district all homestead exemption amounts required by
this amendatory Act of 1992. In a new district which has not
had any tax rates yet determined for extension of taxes, a
leveled uniform rate shall be computed from the latest amount
of the fund taxes extended on the several areas within such
new district.
(r) If a school district operates a full year school
under Section 10-19.1, the general state aid to the school
district shall be determined by the State Board of Education
in accordance with this Section as near as may be applicable.
2. New or recomputed claim. The general State aid
entitlement for a newly created school district or a district
which has annexed an entire school district shall be computed
using attendance, compensatory pupil counts, equalized
assessed valuation, and tax rate data which would have been
used had the district been in existence for 3 years. General
State aid entitlements shall not be recomputed except as
permitted herein.
3. Impaction. Impaction payments shall be made as
provided for in Section 18-4.2.
4. Summer school. Summer school payments shall be made
as provided in Section 18-4.3.
5. Computation of State aid. The State grant shall be
determined as follows:
(a) The State shall guarantee the amount of money that a
district's operating tax rate as limited in other Sections of
this Act would produce if every district maintaining grades
kindergarten through 12 had an equalized assessed valuation
equal to $74,791 per weighted ADA pupil; every district
maintaining grades kindergarten through 8 had an equalized
assessed valuation of $108,644 per weighted ADA pupil; and
every district maintaining grades 9 through 12 had an
equalized assessed valuation of $187,657 per weighted ADA
pupil. The State Board of Education shall adjust the
equalized assessed valuation amounts stated in this
paragraph, if necessary, to conform to the amount of the
appropriation approved for any fiscal year.
(b) The operating tax rate to be used shall consist of
all district taxes extended for all purposes except community
college educational purposes for the payment of tuition under
Section 6-1 of the Public Community College Act, Bond and
Interest, Summer School, Rent, Capital Improvement and
Vocational Education Building. Any district may elect to
exclude Transportation from the calculation of its operating
tax rate. Districts may include taxes extended for the
payment of principal and interest on bonds issued under the
provisions of Sections 17-2.11a and 20-2 at a rate of .05%
per year for each purpose or the actual rate extended,
whichever is less.
(c) For calculation of aid under this Act a district
shall use the combined authorized tax rates of all funds not
exempt in (b) above, not to exceed 2.76% of the value of all
its taxable property as equalized or assessed by the
Department of Revenue for districts maintaining grades
kindergarten through 12; 1.90% of the value of all its
taxable property as equalized or assessed by the Department
of Revenue for districts maintaining grades kindergarten
through 8 only; 1.10% of the value of all its taxable
property as equalized or assessed by the Department of
Revenue for districts maintaining grades 9 through 12 only.
A district may, however, as provided in Article 17, increase
its operating tax rate above the maximum rate provided in
this subsection without affecting the amount of State aid to
which it is entitled under this Act.
(d) (1) For districts maintaining grades kindergarten
through 12 with an operating tax rate as described in
subsections 5(b) and (c) of less than 2.18%, and districts
maintaining grades kindergarten through 8 with an operating
tax rate of less than 1.28%, State aid shall be computed by
multiplying the difference between the guaranteed equalized
assessed valuation per weighted ADA pupil in subsection 5(a)
and the equalized assessed valuation per weighted ADA pupil
in the district by the operating tax rate, multiplied by the
weighted average daily attendance of the district; provided,
however, that for the 1989-1990 school year only, a school
district maintaining grades kindergarten through 8 whose
operating tax rate with reference to which its general State
aid for the 1989-1990 school year is determined is less than
1.28% and more than 1.090%, and which had an operating tax
rate of 1.28% or more for the previous year, shall have its
general State aid computed according to the provisions of
subsection 5(d)(2).
(2) For districts maintaining grades kindergarten
through 12 with an operating tax rate as described in
subsection 5(b) and (c) of 2.18% and above, the State aid
shall be computed as provided in subsection (d) (1) but as
though the district had an operating tax rate of 2.76%; in
K-8 districts with an operating tax rate of 1.28% and above,
the State aid shall be computed as provided in subsection (d)
(1) but as though the district had an operating tax rate of
1.90%; and in 9-12 districts, the State aid shall be computed
by multiplying the difference between the guaranteed
equalized assessed valuation per weighted average daily
attendance pupil in subsection 5(a) and the equalized
assessed valuation per weighted average daily attendance
pupil in the district by the operating tax rate, not to
exceed 1.10%, multiplied by the weighted average daily
attendance of the district. State aid computed under the
provisions of this subsection (d) (2) shall be treated as
separate from all other payments made pursuant to this
Section. The State Comptroller and State Treasurer shall
transfer from the General Revenue Fund to the Common School
Fund the amounts necessary to permit these claims to be paid
in equal installments along with other State aid payments
remaining to be made for the 1983-1984 school year under this
Section.
(3) For any school district whose 1995 equalized
assessed valuation is at least 6% less than its 1994
equalized assessed valuation as the result of a reduction in
the equalized assessed valuation of the taxable property
within such district of any one taxpayer whose taxable
property within the district has a 1994 equalized assessed
valuation constituting at least 20% of the 1994 equalized
assessed valuation of all taxable property within the
district, the 1996-97 State aid of such district shall be
computed using its 1995 equalized assessed valuation.
(4) For any school district whose 1988 equalized
assessed valuation is 55% or less of its 1981 equalized
assessed valuation, the 1990-91 State aid of such district
shall be computed by multiplying the 1988 equalized assessed
valuation by a factor of .8. Any such school district which
is reorganized effective for the 1991-92 school year shall
use the formula provided in this subparagraph for purposes of
the calculation made pursuant to subsection (m) of this
Section.
(e) The amount of State aid shall be computed under the
provisions of subsections 5(a) through 5(d) provided the
equalized assessed valuation per weighted ADA pupil is less
than .87 of the amounts in subsection 5(a). If the equalized
assessed valuation per weighted ADA pupil is equal to or
greater than .87 of the amounts in subsection 5(a), the State
aid shall be computed under the provisions of subsection
5(f).
(f) If the equalized assessed valuation per weighted ADA
pupil is equal to or greater than .87 of the amounts in
subsection 5(a), the State aid per weighted ADA pupil shall
be computed by multiplying the product of .13 times the
maximum per pupil amount computed under the provisions of
subsections 5(a) through 5(d) by an amount equal to the
quotient of .87 times the equalized assessed valuation per
weighted ADA pupil in subsection 5(a) for that type of
district divided by the district equalized valuation per
weighted ADA pupil except in no case shall the district
receive State aid per weighted ADA pupil of less than .07
times the maximum per pupil amount computed under the
provisions of subsections 5(a) through 5(d).
(g) In addition to the above grants, summer school
grants shall be made based upon the calculation as provided
in subsection 4 of this Section.
(h) The board of any district receiving any of the
grants provided for in this Section may apply those funds to
any fund so received for which that board is authorized to
make expenditures by law.
(i) (1) (a) In school districts with an average daily
attendance of 50,000 or more, the amount which is provided
under subsection 1(n) of this Section by the application of a
base Chapter 1 weighting factor of .375 shall be distributed
to the attendance centers within the district in proportion
to the number of pupils enrolled at each attendance center
who are eligible to receive free or reduced-price lunches or
breakfasts under the federal Child Nutrition Act of 1966 and
under the National School Lunch Act during the immediately
preceding school year. The amount of State aid provided
under subsection 1(n) of this Section by the application of
the Chapter 1 weighting factor in excess of .375 shall be
distributed to the attendance centers within the district in
proportion to the total enrollment at each attendance center.
Beginning with school year 1989-90, and each school year
thereafter, all funds provided under subsection 1 (n) of this
Section by the application of the Chapter 1 weighting factor
which are in excess of the level of non-targeted Chapter 1
funds in school year 1988-89 shall be distributed to
attendance centers, and only to attendance centers, within
the district in proportion to the number of pupils enrolled
at each attendance center who are eligible to receive free or
reduced price lunches or breakfasts under the Federal Child
Nutrition Act and under the National School Lunch Act during
the immediately preceding school year. Beginning in school
year 1989-90, 25% of the previously non-targeted Chapter 1
funds as established for school year 1988-89 shall also be
distributed to the attendance centers, and only to attendance
centers, in the district in proportion to the number of
pupils enrolled at each attendance center who are eligible to
receive free or reduced price lunches or breakfasts under the
Federal Child Nutrition Act and under the National School
Lunch Act during the immediately preceding school year; in
school year 1990-91, 50% of the previously non-targeted
Chapter 1 funds as established for school year 1988-89 shall
be distributed to attendance centers, and only to attendance
centers, in the district in proportion to the number of
pupils enrolled at each attendance center who are eligible to
receive such free or reduced price lunches or breakfasts
during the immediately preceding school year; in school year
1991-92, 75% of the previously non-targeted Chapter 1 funds
as established for school year 1988-89 shall be distributed
to attendance centers, and only to attendance centers, in the
district in proportion to the number of pupils enrolled at
each attendance center who are eligible to receive such free
or reduced price lunches or breakfasts during the immediately
preceding school year; in school year 1992-93 and thereafter,
all funds provided under subsection 1 (n) of this Section by
the application of the Chapter 1 weighting factor shall be
distributed to attendance centers, and only to attendance
centers, in the district in proportion to the number of
pupils enrolled at each attendance center who are eligible to
receive free or reduced price lunches or breakfasts under the
Federal Child Nutrition Act and under the National School
Lunch Act during the immediately preceding school year;
provided, however, that the distribution formula in effect
beginning with school year 1989-90 shall not be applicable to
such portion of State aid provided under subsection 1 (n) of
this Section by the application of the Chapter 1 weighting
formula as is set aside and appropriated by the school
district for the purpose of providing desegregation programs
and related transportation to students (which portion shall
not exceed 5% of the total amount of State aid which is
provided under subsection 1 (n) of this Section by
application of the Chapter 1 weighting formula), and the
relevant percentages shall be applied to the remaining
portion of such State aid. The distribution of these
portions of general State aid among attendance centers
according to these requirements shall not be compensated for
or contravened by adjustments of the total of other funds
appropriated to any attendance centers. (b) The Board of
Education shall utilize funding from one or several sources
in order to fully implement this provision annually prior to
the opening of school. The Board of Education shall apply
savings from reduced administrative costs required under
Section 34-43.1 and growth in non-Chapter 1 State and local
funds to assure that all attendance centers receive funding
to replace losses due to redistribution of Chapter 1 funding.
The distribution formula and funding to replace losses due to
the distribution formula shall occur, in full, using any and
all sources available, including, if necessary, revenue from
administrative reductions beyond those required in Section
34-43.1, in order to provide the necessary funds. (c) Each
attendance center shall be provided by the school district a
distribution of noncategorical funds and other categorical
funds to which an attendance center is entitled under law in
order that the State aid provided by application of the
Chapter 1 weighting factor and required to be distributed
among attendance centers according to the requirements of
this paragraph supplements rather than supplants the
noncategorical funds and other categorical funds provided by
the school district to the attendance centers.
Notwithstanding the foregoing provisions of this subsection
5(i)(1) or any other law to the contrary, beginning with the
1995-1996 school year and for each school year thereafter,
the board of a school district to which the provisions of
this subsection apply shall be required to allocate or
provide to attendance centers of the district in any such
school year, from the State aid provided for the district
under this Section by application of the Chapter 1 weighting
factor, an aggregate amount of not less than $261,000,000 of
State Chapter 1 funds. Any State Chapter 1 funds that by
reason of the provisions of this paragraph are not required
to be allocated and provided to attendance centers may be
used and appropriated by the board of the district for any
lawful school purpose. Chapter 1 funds received by an
attendance center (except those funds set aside for
desegregation programs and related transportation to
students) shall be used on the schedule cited in this Section
at the attendance center at the discretion of the principal
and local school council for programs to improve educational
opportunities at qualifying schools through the following
programs and services: early childhood education, reduced
class size or improved adult to student classroom ratio,
enrichment programs, remedial assistance, attendance
improvement and other educationally beneficial expenditures
which supplement the regular and basic programs as determined
by the State Board of Education. Chapter 1 funds shall not
be expended for any political or lobbying purposes as defined
by board rule. (d) Each district subject to the provisions of
this paragraph shall submit an acceptable plan to meet the
educational needs of disadvantaged children, in compliance
with the requirements of this paragraph, to the State Board
of Education prior to July 15 of each year. This plan shall
be consistent with the decisions of local school councils
concerning the school expenditure plans developed in
accordance with part 4 of Section 34-2.3. The State Board
shall approve or reject the plan within 60 days after its
submission. If the plan is rejected the district shall give
written notice of intent to modify the plan within 15 days of
the notification of rejection and then submit a modified plan
within 30 days after the date of the written notice of intent
to modify. Districts may amend approved plans pursuant to
rules promulgated by the State Board of Education.
Upon notification by the State Board of Education that
the district has not submitted a plan prior to July 15 or a
modified plan within the time period specified herein, the
State aid funds affected by said plan or modified plan shall
be withheld by the State Board of Education until a plan or
modified plan is submitted.
If the district fails to distribute State aid to
attendance centers in accordance with an approved plan, the
plan for the following year shall allocate funds, in addition
to the funds otherwise required by this subparagraph, to
those attendance centers which were underfunded during the
previous year in amounts equal to such underfunding.
For purposes of determining compliance with this
subsection in relation to Chapter 1 expenditures, each
district subject to the provisions of this subsection shall
submit as a separate document by December 1 of each year a
report of Chapter 1 expenditure data for the prior year in
addition to any modification of its current plan. If it is
determined that there has been a failure to comply with the
expenditure provisions of this subsection regarding
contravention or supplanting, the State Superintendent of
Education shall, within 60 days of receipt of the report,
notify the district and any affected local school council.
The district shall within 45 days of receipt of that
notification inform the State Superintendent of Education of
the remedial or corrective action to be taken, whether by
amendment of the current plan, if feasible, or by adjustment
in the plan for the following year. Failure to provide the
expenditure report or the notification of remedial or
corrective action in a timely manner shall result in a
withholding of the affected funds.
The State Board of Education shall promulgate rules and
regulations to implement the provisions of this subsection
5(i)(1). No funds shall be released under subsection 1(n) of
this Section or under this subsection 5(i)(1) to any district
which has not submitted a plan which has been approved by the
State Board of Education.
(2) School districts with an average daily attendance of
more than 1,000 and less than 50,000 and having a low income
pupil weighting factor in excess of .53 shall submit a plan
to the State Board of Education prior to October 30 of each
year for the use of the funds resulting from the application
of subsection 1(n) of this Section for the improvement of
instruction in which priority is given to meeting the
education needs of disadvantaged children. Such plan shall
be submitted in accordance with rules and regulations
promulgated by the State Board of Education.
(j) For the purposes of calculating State aid under this
Section, with respect to any part of a school district within
a redevelopment project area in respect to which a
municipality has adopted tax increment allocation financing
pursuant to the Tax Increment Allocation Redevelopment Act,
Sections 11-74.4-1 through 11-74.4-11 of the Illinois
Municipal Code or the Industrial Jobs Recovery Law, Sections
11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
no part of the current equalized assessed valuation of real
property located in any such project area which is
attributable to an increase above the total initial equalized
assessed valuation of such property shall be used in
computing the equalized assessed valuation per weighted ADA
pupil in the district, until such time as all redevelopment
project costs have been paid, as provided in Section
11-74.4-8 of the Tax Increment Allocation Redevelopment Act
or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
For the purpose of computing the equalized assessed valuation
per weighted ADA pupil in the district the total initial
equalized assessed valuation or the current equalized
assessed valuation, whichever is lower, shall be used until
such time as all redevelopment project costs have been paid.
(k) For a school district operating under the financial
supervision of an Authority created under Article 34A, the
State aid otherwise payable to that district under this
Section, other than State aid attributable to Chapter 1
students, shall be reduced by an amount equal to the budget
for the operations of the Authority as certified by the
Authority to the State Board of Education, and an amount
equal to such reduction shall be paid to the Authority
created for such district for its operating expenses in the
manner provided in Section 18-11. The remainder of State
school aid for any such district shall be paid in accordance
with Article 34A when that Article provides for a disposition
other than that provided by this Article.
(l) For purposes of calculating State aid under this
Section, the equalized assessed valuation for a school
district used to compute State aid shall be determined by
adding to the real property equalized assessed valuation for
the district an amount computed by dividing the amount of
money received by the district under the provisions of "An
Act in relation to the abolition of ad valorem personal
property tax and the replacement of revenues lost thereby",
certified August 14, 1979, by the total tax rate for the
district. For purposes of this subsection 1976 tax rates
shall be used for school districts in the county of Cook and
1977 tax rates shall be used for school districts in all
other counties.
(m) (1) For a new school district formed by combining
property included totally within 2 or more previously
existing school districts, for its first year of existence or
if the new district was formed after October 31, 1982 and
prior to September 23, 1985, for the year immediately
following September 23, 1985, the State aid calculated under
this Section shall be computed for the new district and for
the previously existing districts for which property is
totally included within the new district. If the computation
on the basis of the previously existing districts is greater,
a supplementary payment equal to the difference shall be made
for the first 3 years of existence of the new district or if
the new district was formed after October 31, 1982 and prior
to September 23, 1985, for the 3 years immediately following
September 23, 1985.
(2) For a school district which annexes all of the
territory of one or more entire other school districts, for
the first year during which the change of boundaries
attributable to such annexation becomes effective for all
purposes as determined under Section 7-9 or 7A-8, the State
aid calculated under this Section shall be computed for the
annexing district as constituted after the annexation and for
the annexing and each annexed district as constituted prior
to the annexation; and if the computation on the basis of the
annexing and annexed districts as constituted prior to the
annexation is greater, a supplementary payment equal to the
difference shall be made for the first 3 years of existence
of the annexing school district as constituted upon such
annexation.
(3) For 2 or more school districts which annex all of
the territory of one or more entire other school districts,
and for 2 or more community unit districts which result upon
the division (pursuant to petition under Section 11A-2) of
one or more other unit school districts into 2 or more parts
and which together include all of the parts into which such
other unit school district or districts are so divided, for
the first year during which the change of boundaries
attributable to such annexation or division becomes effective
for all purposes as determined under Section 7-9 or 11A-10,
as the case may be, the State aid calculated under this
Section shall be computed for each annexing or resulting
district as constituted after the annexation or division and
for each annexing and annexed district, or for each resulting
and divided district, as constituted prior to the annexation
or division; and if the aggregate of the State aid as so
computed for the annexing or resulting districts as
constituted after the annexation or division is less than the
aggregate of the State aid as so computed for the annexing
and annexed districts, or for the resulting and divided
districts, as constituted prior to the annexation or
division, then a supplementary payment equal to the
difference shall be made and allocated between or among the
annexing or resulting districts, as constituted upon such
annexation or division, for the first 3 years of their
existence. The total difference payment shall be allocated
between or among the annexing or resulting districts in the
same ratio as the pupil enrollment from that portion of the
annexed or divided district or districts which is annexed to
or included in each such annexing or resulting district bears
to the total pupil enrollment from the entire annexed or
divided district or districts, as such pupil enrollment is
determined for the school year last ending prior to the date
when the change of boundaries attributable to the annexation
or division becomes effective for all purposes. The amount
of the total difference payment and the amount thereof to be
allocated to the annexing or resulting districts shall be
computed by the State Board of Education on the basis of
pupil enrollment and other data which shall be certified to
the State Board of Education, on forms which it shall provide
for that purpose, by the regional superintendent of schools
for each educational service region in which the annexing and
annexed districts, or resulting and divided districts are
located.
(4) If a unit school district annexes all the territory
of another unit school district effective for all purposes
pursuant to Section 7-9 on July 1, 1988, and if part of the
annexed territory is detached within 90 days after July 1,
1988, then the detachment shall be disregarded in computing
the supplementary State aid payments under this paragraph (m)
for the entire 3 year period and the supplementary State aid
payments shall not be diminished because of the detachment.
(5) Any supplementary State aid payment made under this
paragraph (m) shall be treated as separate from all other
payments made pursuant to this Section.
(n) For the purposes of calculating State aid under this
Section, the real property equalized assessed valuation for a
school district used to compute State aid shall be determined
by subtracting from the real property value as equalized or
assessed by the Department of Revenue for the district an
amount computed by dividing the amount of any abatement of
taxes under Section 18-170 of the Property Tax Code by the
maximum operating tax rates specified in subsection 5(c) of
this Section and an amount computed by dividing the amount of
any abatement of taxes under subsection (a) of Section 18-165
of the Property Tax Code by the maximum operating tax rates
specified in subsection 5(c) of this Section.
(o) Notwithstanding any other provisions of this
Section, for the 1996-1997 school year the amount of the
aggregate general State aid entitlement that is received
under this Section by each school district for that school
year shall be not less than the amount of the aggregate
general State aid entitlement that was received by the
district under this Section for the 1995-1996 school year.
If a school district is to receive an aggregate general State
aid entitlement under this Section for the 1996-1997 school
year that is less than the amount of the aggregate general
State aid entitlement that the district received under this
Section for the 1995-1996 school year, the school district
shall also receive, from a separate appropriation made for
purposes of this paragraph (o), a supplementary payment that
is equal to the amount by which the general State aid
entitlement received by the district under this Section for
the 1995-1996 school year exceeds the general State aid
entitlement that the district is to receive under this
Section for the 1996-1997 school year.
Notwithstanding any other provisions of this Section, for
the 1997-1998 school year the amount of the aggregate general
State aid entitlement that is received under this Section by
each school district for that school year shall be not less
than the amount of the aggregate general State aid
entitlement that was received by the district under this
Section for the 1996-1997 school year. If a school district
is to receive an aggregate general State aid entitlement
under this Section for the 1997-1998 school year that is less
than the amount of the aggregate general State aid
entitlement that the district received under this Section for
the 1996-1997 school year, the school district shall also
receive, from a separate appropriation made for purposes of
this paragraph (o), a supplementary payment that is equal to
the amount by which the general State aid entitlement
received by the district under this Section for the 1996-1997
school year exceeds the general State aid entitlement that
the district is to receive under this Section for the
1997-1998 school year.
If the amount appropriated for supplementary payments to
school districts under this paragraph (o) is insufficient for
that purpose, the supplementary payments that districts are
to receive under this paragraph shall be prorated according
to the aggregate amount of the appropriation made for
purposes of this paragraph.
(p) For the 1997-1998 school year only, a supplemental
general State aid grant shall be provided for school
districts in an amount equal to the greater of the result of
part (i) of this subsection or part (ii) of this subsection,
calculated as follows:
(i) The general State aid received by a school
district under this Section for the 1997-1998 school year
shall be added to the sum of (A) the result obtained by
multiplying the 1995 equalized valuation of all taxable
property in the district by the fixed calculation tax
rates of 3.0% for unit districts, 2.0% for elementary
districts and 1.0% for high school districts plus (B) the
aggregate corporate personal property replacement
revenues received by the district during the 1996-1997
school year. That aggregate amount determined under this
part (i) shall be divided by the average of the best 3
months of pupil attendance in the district for the
1996-1997 school year. If the result obtained by dividing
the aggregate amount determined under this part (i) by
the average of the best 3 months of pupil attendance in
the district is less than $3,600, the supplemental
general State aid grant for that district shall be equal
to the amount determined by subtracting from $3,600 the
result obtained by dividing the aggregate amount
determined under this part (i) by the average of the best
3 months of pupil attendance in the district, and by
multiplying that difference by the average of the best 3
months of pupil attendance in the district for the
1996-1997 school year.
(ii) The general State aid received by a school
district under this Section for the 1997-1998 school year
shall be added to the sum of (A) the result obtained by
multiplying the 1995 equalized assessed valuation of all
taxable property in the district by the district's
applicable 1995 operating tax rate as defined in this
part (ii) plus (B) the aggregate corporate personal
property replacement revenues received by the district
during the 1996-1997 school year. That aggregate amount
shall be divided by the average of the best 3 months of
pupil attendance in the district for the 1996-1997 school
year. If the result obtained by dividing the aggregate
amount determined in this part (ii) by the average of the
best 3 months of pupil attendance in the district is less
than $4,100, the supplemental general State aid grant for
that district shall be equal to the amount determined by
subtracting from the $4,100 the result obtained by
dividing the aggregate amount determined in this part
(ii) by the average of the best 3 months of pupil
attendance in the district and by multiplying that
difference by the average of the best 3 months of pupil
attendance in the district for the 1996-1997 school year.
For the purposes of this part (ii), the "applicable 1995
operating tax rate" shall mean the following: (A) for
unit districts with operating tax rates of 3.00% or less,
elementary districts with operating tax rates of 2.00% or
less, and high school districts with operating tax rates
of 1.00% or less, the applicable 1995 operating tax rate
shall be 3.00% for unit districts, 2.00% for elementary
districts, and 1.00% for high school districts; (B) for
unit districts with operating tax rates of 4.50% or more,
elementary districts with operating tax rates of 3.00% or
more, and high school districts with operating tax rates
of 1.85% or more, the applicable 1995 operating tax rate
shall be 4.50% for unit districts, 3.00% for elementary
districts, and 1.85% for high school districts; and (C)
for unit districts with operating tax rates of more than
3.00% and less than 4.50%, for elementary districts with
operating tax rates of more than 2.00% and less than
3.00%, and for high school districts with operating tax
rates of more than 1.00% and less than 1.85%, the
applicable 1995 operating tax rate shall be the
district's actual 1995 operating tax rate.
If the moneys appropriated in a separate line item by the
General Assembly to the State Board of Education for
supplementary payments required to be made and distributed to
school districts for the 1997-1998 school year under this
subsection 5(p) are insufficient, the amount of the
supplementary payments required to be made and distributed to
those school districts under this subsection shall abate
proportionately.
(p-5) For the 1997-98 school year only, a supplemental
general State aid grant shall be provided for school
districts based on the number of low-income eligible pupils
within the school district. For the purposes of this
subsection 5(p-5), "low-income eligible pupils" shall be the
low-income eligible pupil count from the most recently
available federal census. The supplemental general State aid
grant for each district shall be equal to the number of
low-income eligible pupils within that district multiplied by
$30.50. If the moneys appropriated in a separate line item
by the General Assembly to the State Board of Education for
supplementary payments required to be made and distributed to
school districts for the 1997-98 school year under this
subsection 5(p-5) are insufficient, the amount of the
supplementary payments required to be made and distributed to
those districts under this subsection shall abate
proportionately.
B. In calculating the amount to be paid to the governing
board of a public university that operates a laboratory
school under this Section or to any alternative school that
is operated by a regional superintendent of schools, the
State Board of Education shall require by rule such reporting
requirements as it deems necessary.
As used in this Section, "laboratory school" means a
public school which is created and operated by a public
university and approved by the State Board of Education. The
governing board of a public university which receives funds
from the State Board under this subsection B may not increase
the number of students enrolled in its laboratory school from
a single district, if that district is already sending 50 or
more students, except under a mutual agreement between the
school board of a student's district of residence and the
university which operates the laboratory school. A
laboratory school may not have more than 1,000 students,
excluding students with disabilities in a special education
program.
As used in this Section, "alternative school" means a
public school which is created and operated by a Regional
Superintendent of Schools and approved by the State Board of
Education. Such alternative schools may offer courses of
instruction for which credit is given in regular school
programs, courses to prepare students for the high school
equivalency testing program or vocational and occupational
training. A regional superintendent of schools may contract
with a school district or a public community college district
to operate an alternative school. An alternative school
serving more than one educational service region may be
operated under such terms as the regional superintendents of
schools of those educational service regions may agree.
Each laboratory and alternative school shall file, on
forms provided by the State Superintendent of Education, an
annual State aid claim which states the average daily
attendance of the school's students by month. The best 3
months' average daily attendance shall be computed for each
school. The weighted average daily attendance shall be
computed and the weighted average daily attendance for the
school's most recent 3 year average shall be compared to the
most recent weighted average daily attendance, and the
greater of the 2 shall be used for the calculation under this
subsection B. The general State aid entitlement shall be
computed by multiplying the school's student count by the
foundation level as determined under this Section.
C. This Section is repealed July 1, 1998.
(Source: P.A. 89-15, eff. 5-30-95; 89-235, eff. 8-4-95;
89-397, eff. 8-20-95; 89-610, eff. 8-6-96; 89-618, eff.
8-9-96; 89-626, eff. 8-9-96; 89-679, eff. 8-16-96; 90-9, eff.
7-1-97; 90-14, eff. 7-1-97; 90-548, eff. 12-4-97; 90-566,
eff. 1-2-98; revised 1-8-98.)
(105 ILCS 5/18-8.05)
(This Section may contain text from a Public Act with a
delayed effective date.)
Sec. 18-8.05. Basis for apportionment of general State
financial aid and supplemental general State aid to the
common schools for the 1998-1999 and subsequent school years.
(A) General Provisions.
(1) The provisions of this Section apply to the
1998-1999 and subsequent school years. The system of general
State financial aid provided for in this Section is designed
to assure that, through a combination of State financial aid
and required local resources, the financial support provided
each pupil in Average Daily Attendance equals or exceeds a
prescribed per pupil Foundation Level. This formula approach
imputes a level of per pupil Available Local Resources and
provides for the basis to calculate a per pupil level of
general State financial aid that, when added to Available
Local Resources, equals or exceeds the Foundation Level. The
amount of per pupil general State financial aid for school
districts, in general, varies in inverse relation to
Available Local Resources. Per pupil amounts are based upon
each school district's Average Daily Attendance as that term
is defined in this Section.
(2) In addition to general State financial aid, school
districts with specified levels or concentrations of pupils
from low income households are eligible to receive
supplemental general State financial aid grants as provided
pursuant to subsection (H). The supplemental State aid grants
provided for school districts under subsection (H) shall be
appropriated for distribution to school districts as part of
the same line item in which the general State financial aid
of school districts is appropriated under this Section.
(3) To receive financial assistance under this Section,
school districts are required to file claims with the State
Board of Education, subject to the following requirements:
(a) Any school district which fails for any given
school year to maintain school as required by law, or to
maintain a recognized school is not eligible to file for
such school year any claim upon the Common School Fund.
In case of nonrecognition of one or more attendance
centers in a school district otherwise operating
recognized schools, the claim of the district shall be
reduced in the proportion which the Average Daily
Attendance in the attendance center or centers bear to
the Average Daily Attendance in the school district. A
"recognized school" means any public school which meets
the standards as established for recognition by the State
Board of Education. A school district or attendance
center not having recognition status at the end of a
school term is entitled to receive State aid payments due
upon a legal claim which was filed while it was
recognized.
(b) School district claims filed under this Section
are subject to Sections 18-9, 18-10, and 18-12, except as
otherwise provided in this Section.
(c) If a school district operates a full year
school under Section 10-19.1, the general State aid to
the school district shall be determined by the State
Board of Education in accordance with this Section as
near as may be applicable.
(d) Claims for financial assistance under this
Section shall not be recomputed except as expressly
provided under this Section.
(4) Except as provided in subsections (H) and (L), the
board of any district receiving any of the grants provided
for in this Section may apply those funds to any fund so
received for which that board is authorized to make
expenditures by law.
School districts are not required to exert a minimum
Operating Tax Rate in order to qualify for assistance under
this Section.
(5) As used in this Section the following terms, when
capitalized, shall have the meaning ascribed herein:
(a) "Average Daily Attendance": A count of pupil
attendance in school, averaged as provided for in
subsection (C) and utilized in deriving per pupil
financial support levels.
(b) "Available Local Resources": A computation of
local financial support, calculated on the basis Average
Daily Attendance and derived as provided pursuant to
subsection (D).
(c) "Corporate Personal Property Replacement
Taxes": Funds paid to local school districts pursuant to
"An Act in relation to the abolition of ad valorem
personal property tax and the replacement of revenues
lost thereby, and amending and repealing certain Acts and
parts of Acts in connection therewith", certified August
14, 1979, as amended (Public Act 81-1st S.S.-1).
(d) "Foundation Level": A prescribed level of per
pupil financial support as provided for in subsection
(B).
(e) "Operating Tax Rate": All school district
property taxes extended for all purposes, except
community college educational purposes for the payment of
tuition under Section 6-1 of the Public Community College
Act, Bond and Interest, Summer School, Rent, Capital
Improvement, and Vocational Education Building purposes.
(B) Foundation Level.
(1) The Foundation Level is a figure established by the
State representing the minimum level of per pupil financial
support that should be available to provide for the basic
education of each pupil in Average Daily Attendance. As set
forth in this Section, each school district is assumed to
exert a sufficient local taxing effort such that, in
combination with the aggregate of general State financial aid
provided the district, an aggregate of State and local
resources are available to meet the basic education needs of
pupils in the district.
(2) For the 1998-1999 school year, the Foundation Level
of support is $4,225. For the 1999-2000 school year, the
Foundation Level of support is $4,325. For the 2000-2001
school year, the Foundation Level of support is $4,425.
(3) For the 2001-2002 school year and each school year
thereafter, the Foundation Level of support is $4,425 or such
greater amount as may be established by law by the General
Assembly.
(C) Average Daily Attendance.
(1) For purposes of calculating general State aid
pursuant to subsection (E), an Average Daily Attendance
figure shall be utilized. The Average Daily Attendance
figure for formula calculation purposes shall be the monthly
average of the actual number of pupils in attendance of each
school district, as further averaged for the best 3 months of
pupil attendance for each school district. In compiling the
figures for the number of pupils in attendance, school
districts and the State Board of Education shall, for
purposes of general State aid funding, conform attendance
figures to the requirements of subsection (F).
(2) The Average Daily Attendance figures utilized in
subsection (E) shall be the requisite attendance data for the
school year immediately preceding the school year for which
general State aid is being calculated.
(D) Available Local Resources.
(1) For purposes of calculating general State aid
pursuant to subsection (E), a representation of Available
Local Resources per pupil, as that term is defined and
determined in this subsection, shall be utilized. Available
Local Resources per pupil shall include a calculated dollar
amount representing local school district revenues from local
property taxes and from Corporate Personal Property
Replacement Taxes, expressed on the basis of pupils in
Average Daily Attendance.
(2) In determining a school district's revenue from
local property taxes, the State Board of Education shall
utilize the equalized assessed valuation of all taxable
property of each school district as of September 30 of the
previous year. The equalized assessed valuation utilized
shall be obtained and determined as provided in subsection
(G).
(3) For school districts maintaining grades kindergarten
through 12, local property tax revenues per pupil shall be
calculated as the product of the applicable equalized
assessed valuation for the district multiplied by 3.00%, and
divided by the district's Average Daily Attendance figure.
For school districts maintaining grades kindergarten through
8, local property tax revenues per pupil shall be calculated
as the product of the applicable equalized assessed valuation
for the district multiplied by 2.30%, and divided by the
district's Average Daily Attendance figure. For school
districts maintaining grades 9 through 12, local property tax
revenues per pupil shall be the applicable equalized assessed
valuation of the district multiplied by 1.20%, and divided by
the district's Average Daily Attendance figure.
(4) The Corporate Personal Property Replacement Taxes
paid to each school district during the calendar year 2 years
before the calendar year in which a school year begins,
divided by the Average Daily Attendance figure for that
district, shall be added to the local property tax revenues
per pupil as derived by the application of the immediately
preceding paragraph (3). The sum of these per pupil figures
for each school district shall constitute Available Local
Resources as that term is utilized in subsection (E) in the
calculation of general State aid.
(E) Computation of General State Aid.
(1) For each school year, the amount of general State
aid allotted to a school district shall be computed by the
State Board of Education as provided in this subsection.
(2) For any school district for which Available Local
Resources per pupil is less than the product of 0.93 times
the Foundation Level, general State aid for that district
shall be calculated as an amount equal to the Foundation
Level minus Available Local Resources, multiplied by the
Average Daily Attendance of the school district.
(3) For any school district for which Available Local
Resources per pupil is equal to or greater than the product
of 0.93 times the Foundation Level and less than the product
of 1.75 times the Foundation Level, the general State aid per
pupil shall be a decimal proportion of the Foundation Level
derived using a linear algorithm. Under this linear
algorithm, the calculated general State aid per pupil shall
decline in direct linear fashion from 0.07 times the
Foundation Level for a school district with Available Local
Resources equal to the product of 0.93 times the Foundation
Level, to 0.05 times the Foundation Level for a school
district with Available Local Resources equal to the product
of 1.75 times the Foundation Level. The allocation of
general State aid for school districts subject to this
paragraph 3 shall be the calculated general State aid per
pupil figure multiplied by the Average Daily Attendance of
the school district.
(4) For any school district for which Available Local
Resources per pupil equals or exceeds the product of 1.75
times the Foundation Level, the general State aid for the
school district shall be calculated as the product of $218
multiplied by the Average Daily Attendance of the school
district.
(F) Compilation of Average Daily Attendance.
(1) Each school district shall, by July 1 of each year,
submit to the State Board of Education, on forms prescribed
by the State Board of Education, attendance figures for the
school year that began in the preceding calendar year. The
attendance information so transmitted shall identify the
average daily attendance figures for each month of the school
year, except that any days of attendance in August shall be
added to the month of September and any days of attendance in
June shall be added to the month of May.
Except as otherwise provided in this Section, days of
attendance by pupils shall be counted only for sessions of
not less than 5 clock hours of school work per day under
direct supervision of: (i) teachers, or (ii) non-teaching
personnel or volunteer personnel when engaging in
non-teaching duties and supervising in those instances
specified in subsection (a) of Section 10-22.34 and paragraph
10 of Section 34-18, with pupils of legal school age and in
kindergarten and grades 1 through 12.
Days of attendance by tuition pupils shall be accredited
only to the districts that pay the tuition to a recognized
school.
(2) Days of attendance by pupils of less than 5 clock
hours of school shall be subject to the following provisions
in the compilation of Average Daily Attendance.
(a) Pupils regularly enrolled in a public school
for only a part of the school day may be counted on the
basis of 1/6 day for every class hour of instruction of
40 minutes or more attended pursuant to such enrollment.
(b) Days of attendance may be less than 5 clock
hours on the opening and closing of the school term, and
upon the first day of pupil attendance, if preceded by a
day or days utilized as an institute or teachers'
workshop.
(c) A session of 4 or more clock hours may be
counted as a day of attendance upon certification by the
regional superintendent, and approved by the State
Superintendent of Education to the extent that the
district has been forced to use daily multiple sessions.
(d) A session of 3 or more clock hours may be
counted as a day of attendance (1) when the remainder of
the school day or at least 2 hours in the evening of that
day is utilized for an in-service training program for
teachers, up to a maximum of 5 days per school year of
which a maximum of 4 days of such 5 days may be used for
parent-teacher conferences, provided a district conducts
an in-service training program for teachers which has
been approved by the State Superintendent of Education;
or, in lieu of 4 such days, 2 full days may be used, in
which event each such day may be counted as a day of
attendance; and (2) when days in addition to those
provided in item (1) are scheduled by a school pursuant
to its school improvement plan adopted under Article 34
or its revised or amended school improvement plan adopted
under Article 2, provided that (i) such sessions of 3 or
more clock hours are scheduled to occur at regular
intervals, (ii) the remainder of the school days in which
such sessions occur are utilized for in-service training
programs or other staff development activities for
teachers, and (iii) a sufficient number of minutes of
school work under the direct supervision of teachers are
added to the school days between such regularly scheduled
sessions to accumulate not less than the number of
minutes by which such sessions of 3 or more clock hours
fall short of 5 clock hours. Any full days used for the
purposes of this paragraph shall not be considered for
computing average daily attendance. Days scheduled for
in-service training programs, staff development
activities, or parent-teacher conferences may be
scheduled separately for different grade levels and
different attendance centers of the district.
(e) A session of not less than one clock hour
teaching of hospitalized or homebound pupils on-site or
by telephone to the classroom may be counted as 1/2 day
of attendance, however these pupils must receive 4 or
more clock hours of instruction to be counted for a full
day of attendance.
(f) A session of at least 4 clock hours may be
counted as a day of attendance for first grade pupils,
and pupils in full day kindergartens, and a session of 2
or more hours may be counted as 1/2 day of attendance by
pupils in kindergartens which provide only 1/2 day of
attendance.
(g) For children with disabilities who are below
the age of 6 years and who cannot attend 2 or more clock
hours because of their disability or immaturity, a
session of not less than one clock hour may be counted as
1/2 day of attendance; however for such children whose
educational needs so require a session of 4 or more clock
hours may be counted as a full day of attendance.
(h) A recognized kindergarten which provides for
only 1/2 day of attendance by each pupil shall not have
more than 1/2 day of attendance counted in any 1 day.
However, kindergartens may count 2 1/2 days of attendance
in any 5 consecutive school days. When a pupil attends
such a kindergarten for 2 half days on any one school
day, the pupil shall have the following day as a day
absent from school, unless the school district obtains
permission in writing from the State Superintendent of
Education. Attendance at kindergartens which provide for
a full day of attendance by each pupil shall be counted
the same as attendance by first grade pupils. Only the
first year of attendance in one kindergarten shall be
counted, except in case of children who entered the
kindergarten in their fifth year whose educational
development requires a second year of kindergarten as
determined under the rules and regulations of the State
Board of Education.
(G) Equalized Assessed Valuation Data.
(1) For purposes of the calculation of Available Local
Resources required pursuant to subsection (D), the State
Board of Education shall secure from the Department of
Revenue the value as equalized or assessed by the Department
of Revenue of all taxable property of every school district
together with the applicable tax rate used in extending taxes
for the funds of the district as of September 30 of the
previous year.
This equalized assessed valuation, as adjusted further by
the requirements of this subsection, shall be utilized in the
calculation of Available Local Resources.
(2) The equalized assessed valuation in paragraph (1)
shall be adjusted, as applicable, in the following manner:
(a) For the purposes of calculating State aid under
this Section, with respect to any part of a school
district within a redevelopment project area in respect
to which a municipality has adopted tax increment
allocation financing pursuant to the Tax Increment
Allocation Redevelopment Act, Sections 11-74.4-1 through
11-74.4-11 of the Illinois Municipal Code or the
Industrial Jobs Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the Illinois Municipal Code, no part of the
current equalized assessed valuation of real property
located in any such project area which is attributable to
an increase above the total initial equalized assessed
valuation of such property shall be used as part of the
equalized assessed valuation of the district, until such
time as all redevelopment project costs have been paid,
as provided in Section 11-74.4-8 of the Tax Increment
Allocation Redevelopment Act or in Section 11-74.6-35 of
the Industrial Jobs Recovery Law. For the purpose of the
equalized assessed valuation of the district, the total
initial equalized assessed valuation or the current
equalized assessed valuation, whichever is lower, shall
be used until such time as all redevelopment project
costs have been paid.
(b) The real property equalized assessed valuation
for a school district shall be adjusted by subtracting
from the real property value as equalized or assessed by
the Department of Revenue for the district an amount
computed by dividing the amount of any abatement of taxes
under Section 18-170 of the Property Tax Code by 3.00%
for a district maintaining grades kindergarten through 12
or by 2.30% for a district maintaining grades
kindergarten through 8, or by 1.20% for a district
maintaining grades 9 through 12 and adjusted by an amount
computed by dividing the amount of any abatement of taxes
under subsection (a) of Section 18-165 of the Property
Tax Code by the same percentage rates for district type
as specified in this subparagraph (c).
(H) Supplemental General State Aid.
(1) In addition to the general State aid a school
district is allotted pursuant to subsection (E), qualifying
school districts shall receive a grant, paid in conjunction
with a district's payments of general State aid, for
supplemental general State aid based upon the concentration
level of children from low-income households within the
school district. Supplemental State aid grants provided for
school districts under this subsection shall be appropriated
for distribution to school districts as part of the same line
item in which the general State financial aid of school
districts is appropriated under this Section. For purposes of
this subsection, the term "Low-Income Concentration Level"
shall be the low-income eligible pupil count from the most
recently available federal census divided by the Average
Daily Attendance of the school district.
(2) Supplemental general State aid pursuant to this
subsection shall be provided as follows:
(a) For any school district with a Low Income
Concentration Level of at least 20% and less than 35%,
the grant for any school year shall be $800 multiplied by
the low income eligible pupil count.
(b) For any school district with a Low Income
Concentration Level of at least 35% and less than 50%,
the grant for the 1998-1999 school year shall be $1,100
multiplied by the low income eligible pupil count.
(c) For any school district with a Low Income
Concentration Level of at least 50% and less than 60%,
the grant for the 1998-99 school year shall be $1,500
multiplied by the low income eligible pupil count.
(d) For any school district with a Low Income
Concentration Level of 60% or more, the grant for the
1998-99 school year shall be $1,900 multiplied by the low
income eligible pupil count.
(e) For the 1999-2000 school year, the per pupil
amount specified in subparagraphs (b), (c), and (d),
immediately above shall be increased by $100 to $1,200,
$1,600, and $2,000, respectively.
(f) For the 2000-2001 school year, the per pupil
amounts specified in subparagraphs (b), (c) and (d)
immediately above shall be increased to $1,230, $1,640,
and $2,050, respectively.
(3) School districts with an Average Daily Attendance of
more than 1,000 and less than 50,000 that qualify for
supplemental general State aid pursuant to this subsection
shall submit a plan to the State Board of Education prior to
October 30 of each year for the use of the funds resulting
from this grant of supplemental general State aid for the
improvement of instruction in which priority is given to
meeting the education needs of disadvantaged children. Such
plan shall be submitted in accordance with rules and
regulations promulgated by the State Board of Education.
(4) School districts with an Average Daily Attendance of
50,000 or more that qualify for supplemental general State
aid pursuant to this subsection shall be required to
distribute from funds available pursuant to this Section, no
less than $261,000,000 in accordance with the following
requirements:
(a) The required amounts shall be distributed to
the attendance centers within the district in proportion
to the number of pupils enrolled at each attendance
center who are eligible to receive free or reduced-price
lunches or breakfasts under the federal Child Nutrition
Act of 1966 and under the National School Lunch Act
during the immediately preceding school year.
(b) The distribution of these portions of
supplemental and general State aid among attendance
centers according to these requirements shall not be
compensated for or contravened by adjustments of the
total of other funds appropriated to any attendance
centers, and the Board of Education shall utilize funding
from one or several sources in order to fully implement
this provision annually prior to the opening of school.
(c) Each attendance center shall be provided by the
school district a distribution of noncategorical funds
and other categorical funds to which an attendance center
is entitled under law in order that the general State aid
and supplemental general State aid provided by
application of this subsection supplements rather than
supplants the noncategorical funds and other categorical
funds provided by the school district to the attendance
centers.
(d) Any funds made available under this subsection
that by reason of the provisions of this subsection are
not required to be allocated and provided to attendance
centers may be used and appropriated by the board of the
district for any lawful school purpose.
(e) Funds received by an attendance center pursuant
to this subsection shall be used by the attendance center
at the discretion of the principal and local school
council for programs to improve educational opportunities
at qualifying schools through the following programs and
services: early childhood education, reduced class size
or improved adult to student classroom ratio, enrichment
programs, remedial assistance, attendance improvement and
other educationally beneficial expenditures which
supplement the regular and basic programs as determined
by the State Board of Education. Funds provided shall
not be expended for any political or lobbying purposes as
defined by board rule.
(f) Each district subject to the provisions of this
subdivision (H)(4) shall submit an acceptable plan to
meet the educational needs of disadvantaged children, in
compliance with the requirements of this paragraph, to
the State Board of Education prior to July 15 of each
year. This plan shall be consistent with the decisions of
local school councils concerning the school expenditure
plans developed in accordance with part 4 of Section
34-2.3. The State Board shall approve or reject the plan
within 60 days after its submission. If the plan is
rejected, the district shall give written notice of
intent to modify the plan within 15 days of the
notification of rejection and then submit a modified plan
within 30 days after the date of the written notice of
intent to modify. Districts may amend approved plans
pursuant to rules promulgated by the State Board of
Education.
Upon notification by the State Board of Education
that the district has not submitted a plan prior to July
15 or a modified plan within the time period specified
herein, the State aid funds affected by that plan or
modified plan shall be withheld by the State Board of
Education until a plan or modified plan is submitted.
If the district fails to distribute State aid to
attendance centers in accordance with an approved plan,
the plan for the following year shall allocate funds, in
addition to the funds otherwise required by this
subsection, to those attendance centers which were
underfunded during the previous year in amounts equal to
such underfunding.
For purposes of determining compliance with this
subsection in relation to the requirements of attendance
center funding, each district subject to the provisions
of this subsection shall submit as a separate document by
December 1 of each year a report of expenditure data for
the prior year in addition to any modification of its
current plan. If it is determined that there has been a
failure to comply with the expenditure provisions of this
subsection regarding contravention or supplanting, the
State Superintendent of Education shall, within 60 days
of receipt of the report, notify the district and any
affected local school council. The district shall within
45 days of receipt of that notification inform the State
Superintendent of Education of the remedial or corrective
action to be taken, whether by amendment of the current
plan, if feasible, or by adjustment in the plan for the
following year. Failure to provide the expenditure
report or the notification of remedial or corrective
action in a timely manner shall result in a withholding
of the affected funds.
The State Board of Education shall promulgate rules
and regulations to implement the provisions of this
subsection. No funds shall be released under this
subdivision (H)(4) to any district that has not submitted
a plan that has been approved by the State Board of
Education.
(I) General State Aid for Newly Configured School Districts.
(1) For a new school district formed by combining
property included totally within 2 or more previously
existing school districts, for its first year of existence
the general State aid and supplemental general State aid
calculated under this Section shall be computed for the new
district and for the previously existing districts for which
property is totally included within the new district. If the
computation on the basis of the previously existing districts
is greater, a supplementary payment equal to the difference
shall be made for the first 4 years of existence of the new
district.
(2) For a school district which annexes all of the
territory of one or more entire other school districts, for
the first year during which the change of boundaries
attributable to such annexation becomes effective for all
purposes as determined under Section 7-9 or 7A-8, the general
State aid and supplemental general State aid calculated under
this Section shall be computed for the annexing district as
constituted after the annexation and for the annexing and
each annexed district as constituted prior to the annexation;
and if the computation on the basis of the annexing and
annexed districts as constituted prior to the annexation is
greater, a supplementary payment equal to the difference
shall be made for the first 4 years of existence of the
annexing school district as constituted upon such annexation.
(3) For 2 or more school districts which annex all of
the territory of one or more entire other school districts,
and for 2 or more community unit districts which result upon
the division (pursuant to petition under Section 11A-2) of
one or more other unit school districts into 2 or more parts
and which together include all of the parts into which such
other unit school district or districts are so divided, for
the first year during which the change of boundaries
attributable to such annexation or division becomes effective
for all purposes as determined under Section 7-9 or 11A-10,
as the case may be, the general State aid and supplemental
general State aid calculated under this Section shall be
computed for each annexing or resulting district as
constituted after the annexation or division and for each
annexing and annexed district, or for each resulting and
divided district, as constituted prior to the annexation or
division; and if the aggregate of the general State aid and
supplemental general State aid as so computed for the
annexing or resulting districts as constituted after the
annexation or division is less than the aggregate of the
general State aid and supplemental general State aid as so
computed for the annexing and annexed districts, or for the
resulting and divided districts, as constituted prior to the
annexation or division, then a supplementary payment equal to
the difference shall be made and allocated between or among
the annexing or resulting districts, as constituted upon such
annexation or division, for the first 4 years of their
existence. The total difference payment shall be allocated
between or among the annexing or resulting districts in the
same ratio as the pupil enrollment from that portion of the
annexed or divided district or districts which is annexed to
or included in each such annexing or resulting district bears
to the total pupil enrollment from the entire annexed or
divided district or districts, as such pupil enrollment is
determined for the school year last ending prior to the date
when the change of boundaries attributable to the annexation
or division becomes effective for all purposes. The amount
of the total difference payment and the amount thereof to be
allocated to the annexing or resulting districts shall be
computed by the State Board of Education on the basis of
pupil enrollment and other data which shall be certified to
the State Board of Education, on forms which it shall provide
for that purpose, by the regional superintendent of schools
for each educational service region in which the annexing and
annexed districts, or resulting and divided districts are
located.
(4) Any supplementary payment made under this subsection
(I) shall be treated as separate from all other payments made
pursuant to this Section.
(J) Supplementary Grants in Aid.
(1) Notwithstanding any other provisions of this
Section, the amount of the aggregate general State aid in
combination with supplemental general State aid under this
Section for which each school district is eligible for the
1998-1999 school year shall be no less than the amount of the
aggregate general State aid entitlement that was received by
the district under Section 18-8 (exclusive of amounts
received under subsections 5(p) and 5(p-5) of that Section)
for the 1997-98 school year, pursuant to the provisions of
that Section as it was then in effect. If a school district
qualifies to receive a supplementary payment made under this
subsection (J) for the 1998-1999 school year, the amount of
the aggregate general State aid in combination with
supplemental general State aid under this Section which that
district is eligible to receive for each school year
subsequent to the 1998-1999 school year shall be no less than
the amount of the aggregate general State aid entitlement
that was received by the district under Section 18-8
(exclusive of amounts received under subsections 5(p) and
5(p-5) of that Section) for the 1997-1998 school year,
pursuant to the provisions of that Section as it was then in
effect.
(2) If, as provided in paragraph (1) of this subsection
(J), a school district is to receive aggregate general State
aid in combination with supplemental general State aid under
this Section for the 1998-99 school year, or for the 1998-99
school year and any subsequent school year, that in any such
school year is less than the amount of the aggregate general
State aid entitlement that the district received for the
1997-98 school year, the school district shall also receive,
from a separate appropriation made for purposes of this
subsection (J), a supplementary payment that is equal to the
amount of the difference in the aggregate State aid figures
as described in paragraph (1).
(3) If the amount appropriated for supplementary
payments to school districts under this subsection (J) is
insufficient for that purpose, the supplementary payments
that districts are to receive under this subsection shall be
prorated according to the aggregate amount of the
appropriation made for purposes of this subsection.
(K) Grants to Laboratory and Alternative Schools.
In calculating the amount to be paid to the governing
board of a public university that operates a laboratory
school under this Section or to any alternative school that
is operated by a regional superintendent of schools, the
State Board of Education shall require by rule such reporting
requirements as it deems necessary.
As used in this Section, "laboratory school" means a
public school which is created and operated by a public
university and approved by the State Board of Education. The
governing board of a public university which receives funds
from the State Board under this subsection (K) may not
increase the number of students enrolled in its laboratory
school from a single district, if that district is already
sending 50 or more students, except under a mutual agreement
between the school board of a student's district of residence
and the university which operates the laboratory school. A
laboratory school may not have more than 1,000 students,
excluding students with disabilities in a special education
program.
As used in this Section, "alternative school" means a
public school which is created and operated by a Regional
Superintendent of Schools and approved by the State Board of
Education. Such alternative schools may offer courses of
instruction for which credit is given in regular school
programs, courses to prepare students for the high school
equivalency testing program or vocational and occupational
training. A regional superintendent of schools may contract
with a school district or a public community college district
to operate an alternative school. An alternative school
serving more than one educational service region may be
operated under such terms as the regional superintendents of
schools of those educational service regions may agree.
Each laboratory and alternative school shall file, on
forms provided by the State Superintendent of Education, an
annual State aid claim which states the Average Daily
Attendance of the school's students by month. The best 3
months' Average Daily Attendance shall be computed for each
school. The general State aid entitlement shall be computed
by multiplying the applicable Average Daily Attendance by the
Foundation Level as determined under this Section.
(L) Payments, Additional Grants in Aid and Other
Requirements.
(1) For a school district operating under the financial
supervision of an Authority created under Article 34A, the
general State aid otherwise payable to that district under
this Section, but not the supplemental general State aid,
shall be reduced by an amount equal to the budget for the
operations of the Authority as certified by the Authority to
the State Board of Education, and an amount equal to such
reduction shall be paid to the Authority created for such
district for its operating expenses in the manner provided in
Section 18-11. The remainder of general State school aid for
any such district shall be paid in accordance with Article
34A when that Article provides for a disposition other than
that provided by this Article.
(2) Impaction. Impaction payments shall be made as
provided for in Section 18-4.2.
(3) Summer school. Summer school payments shall be made
as provided in Section 18-4.3.
(M) Education Funding Advisory Board.
The Education Funding Advisory Board, hereinafter in this
subsection (M) referred to as the "Board", is hereby created.
The Board shall consist of 5 members who are appointed by the
Governor, by and with the advice and consent of the Senate.
The members appointed shall include representatives of
education, business, and the general public. One of the
members so appointed shall be designated by the Governor at
the time the appointment is made as the chairperson of the
Board. The initial members of the Board may be appointed any
time after the effective date of this amendatory Act of 1997.
The regular term of each member of the Board shall be for 4
years from the third Monday of January of the year in which
the term of the member's appointment is to commence, except
that of the 5 initial members appointed to serve on the
Board, the member who is appointed as the chairperson shall
serve for a term that commences on the date of his or her
appointment and expires on the third Monday of January, 2002,
and the remaining 4 members, by lots drawn at the first
meeting of the Board that is held after all 5 members are
appointed, shall determine 2 of their number to serve for
terms that commence on the date of their respective
appointments and expire on the third Monday of January, 2001,
and 2 of their number to serve for terms that commence on the
date of their respective appointments and expire on the third
Monday of January, 2000. All members appointed to serve on
the Board shall serve until their respective successors are
appointed and confirmed. Vacancies shall be filled in the
same manner as original appointments. If a vacancy in
membership occurs at a time when the Senate is not in
session, the Governor shall make a temporary appointment
until the next meeting of the Senate, when he or she shall
appoint, by and with the advice and consent of the Senate, a
person to fill that membership for the unexpired term. If
the Senate is not in session when the initial appointments
are made, those appointments shall be made as in the case of
vacancies.
The Education Funding Advisory Board shall be deemed
established, and the initial members appointed by the
Governor to serve as members of the Board shall take office,
on the date that the Governor makes his or her appointment of
the fifth initial member of the Board, whether those initial
members are then serving pursuant to appointment and
confirmation or pursuant to temporary appointments that are
made by the Governor as in the case of vacancies.
The State Board of Education shall provide such staff
assistance to the Education Funding Advisory Board as is
reasonably required for the proper performance by the Board
of its responsibilities.
For school years after the 2000-2001 school year, the
Education Funding Advisory Board, in consultation with the
State Board of Education, shall make recommendations as
provided in this subsection (M) to the General Assembly for
the foundation level under subdivision (B)(3) of this Section
and for the supplemental general State aid grant level under
subsection (H) of this Section for districts with high
concentrations of children from poverty. The recommended
foundation level shall be determined based on a methodology
which incorporates the basic education expenditures of
low-spending schools exhibiting high academic performance.
The Education Funding Advisory Board shall make such
recommendations to the General Assembly on January 1 of odd
numbered years, beginning January 1, 2001.
(N) General State Aid Adjustment Grant.
(1) Any school district subject to property tax
extension limitations as imposed under the provisions of the
Property Tax Extension Limitation Law shall be entitled to
receive, subject to the qualifications and requirements of
this subsection, a general State aid adjustment grant.
Eligibility for this grant shall be determined on an annual
basis and claims for grant payments shall be paid subject to
appropriations made specific to this subsection. For
purposes of this subsection the following terms shall have
the following meanings:
"Budget Year": The school year for which general State
aid is calculated and awarded under subsection (E).
"Current Year": The school year immediately preceding
the Budget Year.
"Base Tax Year": The property tax levy year used to
calculate the Budget Year allocation of general State aid.
"Preceding Tax Year": The property tax levy year
immediately preceding the Base Tax Year.
"Extension Limitation Ratio": A numerical ratio,
certified by a school district's County Clerk, in which the
numerator is the Base Tax Year's tax extension amount
resulting from the Operating Tax Rate and the denominator is
the Preceding Tax Year's tax extension amount resulting from
the Operating Tax Rate.
"Operating Tax Rate": The operating tax rate as defined
in subsection (A).
(2) To qualify for a general State aid adjustment grant,
a school district must meet all of the following eligibility
criteria for each Budget Year for which a grant is claimed:
(a) The Operating Tax Rate of the school district
in the Preceding Tax Year was at least 3.00% in the case
of a school district maintaining grades kindergarten
through 12, at least 2.30% in the case of a school
district maintaining grades kindergarten through 8, or at
least 1.41% in the case of a school district maintaining
grades 9 through 12.
(b) The Operating Tax Rate of the school district
for the Base Tax Year was reduced by the Clerk of the
County as a result of the requirements of the Property
Tax Extension Limitation Law.
(c) The Available Local Resources per pupil of the
school district as calculated pursuant to subsection (D)
using the Base Tax Year are less than the product of 1.75
times the Foundation Level for the Budget Year.
(d) The school district has filed a proper and
timely claim for a general State aid adjustment grant as
required under this subsection.
(3) A claim for grant assistance under this subsection
shall be filed with the State Board of Education on or before
January 1 of the Current Year for a grant for the Budget
Year. The claim shall be made on forms prescribed by the
State Board of Education and must be accompanied by a written
statement from the Clerk of the County, certifying:
(a) That the school district has its extension for
the Base Tax Year reduced as a result of the Property Tax
Extension Limitation Law.
(b) That the Operating Tax Rate of the school
district for the Preceding Tax Year met the tax rate
requirements of subdivision (N)(2) of this Section.
(c) The Extension Limitation Ratio as that term is
defined in this subsection.
(4) On or before August 1 of the Budget Year the State
Board of Education shall calculate, for all school districts
meeting the other requirements of this subsection, the amount
of the general State aid adjustment grant, if any, that the
school districts are eligible to receive in the Budget Year.
The amount of the general State aid adjustment grant shall be
calculated as follows:
(a) Determine the school district's general State
aid grant for the Budget Year as provided in accordance
with the provisions of subsection (E).
(b) Determine the school district's adjusted level
of general State aid by utilizing in the calculation of
Available Local Resources an equalized assessed valuation
that is the equalized assessed valuation of the Preceding
Tax Year multiplied by the Extension Limitation Ratio.
(c) Subtract the sum derived in subparagraph (a)
from the sum derived in subparagraph (b). If the result
is a positive number, that amount shall be the general
State aid adjustment grant that the district is eligible
to receive.
(5) The State Board of Education shall in the Current
Year, based upon claims filed in the Current Year, recommend
to the General Assembly an appropriation amount for the
general State aid adjustment grants to be made in the Budget
Year.
(6) Claims for general State aid adjustment grants shall
be paid in a lump sum on or before January 1 of the Budget
Year only from appropriations made by the General Assembly
expressly for claims under this subsection. No such claims
may be paid from amounts appropriated for any other purpose
provided for under this Section. In the event that the
appropriation for claims under this subsection is
insufficient to meet all Budget Year claims for a general
State aid adjustment grant, the appropriation available shall
be proportionately prorated by the State Board of Education
amongst all districts filing for and entitled to payments.
(7) The State Board of Education shall promulgate the
required claim forms and rules necessary to implement the
provisions of this subsection.
(O) References.
(1) References in other laws to the various subdivisions
of Section 18-8 as that Section existed before its repeal and
replacement by this Section 18-8.05 shall be deemed to refer
to the corresponding provisions of this Section 18-8.05, to
the extent that those references remain applicable.
(2) References in other laws to State Chapter 1 funds
shall be deemed to refer to the supplemental general State
aid provided under subsection (H) of this Section.
(Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566;
revised 1-8-98.)
Section 78. The Education Cost-Effectiveness Agenda Act
is amended by changing Section 5 as follows:
(105 ILCS 225/5) (from Ch. 122, par. 1955)
Sec. 5. Monies in the Fund shall be appropriated to the
Illinois State Board of Education for use in establishing and
administering:
(1) A Retired Teacher Service Corps, which would
utilize the skills and knowledge of retired teachers to
provide supplementary instruction of at-risk children, as
defined by the State Board of Education, and any other
students in need of assistance.;
(2) A Partnership in Training program designed to
bring private businesses and the State together in
ensuring a trained and trainable workforce for employers
of the State. The partnership shall cooperate in
preparing educational programs in the schools designed to
increase the vocational abilities of students as they
leave high school and enter the private sector. The
purpose shall be to tie the schools and the business
community together.;
(3) A Parents as Teachers program designed to
provide training, materials and other assistance
necessary to enable parents to provide basic preschool
education in the home.; and
(4) A Rural School Satellite Instruction program to
link rural schools, through video or audio communication
systems, to otherwise unavailable educational services.
Monies of the Fund shall supplement, not supplant, any
funding being used by the State Board of Education for these
purposes on the effective date of this Act. The State Board
of Education may enter into contractual contractural or
cooperative agreements with the Illinois Board of Higher
Education, Illinois Community College Board, Illinois State
Scholarship Commission and any other relevant State
department or agency or public or and private organization
organizations.
(Source: P.A. 86-852; revised 6-27-97.)
Section 79. The Board of Higher Education Act is amended
by changing Section 9.21 as follows:
(110 ILCS 205/9.21) (from Ch. 144, par. 189.21)
Sec. 9.21. Human Relations.
(a) The Board shall monitor, budget, evaluate, and
report to the General Assembly in accordance with Section
9.16 of this Act on programs to improve human relations to
include race, ethnicity, gender and other issues related to
improving human relations. The programs shall at least:
(1) require each public institution of higher
education to include, in the general education
requirements for obtaining a degree, coursework on
improving human relations to include race, ethnicity,
gender and other issues related to improving human
relations to address racism and sexual harassment on
their campuses, through existing courses;
(2) require each public institution of higher
education to report monthly to the Department of Human
Rights and the Attorney General on each adjudicated case
in which a finding of racial, ethnic or religious
intimidation or sexual harassment made in a grievance,
affirmative action or other proceeding established by
that institution to investigate and determine allegations
of racial, ethnic or religious intimidation and sexual
harassment; and
(3) require each public institution of higher
education to forward to the local State's Attorney any
report received by campus security or by a university
police department alleging the commission of a hate crime
as defined under Section 12-7.1 12.7-1 of the Criminal
Code of 1961.
(Source: P.A. 87-581; revised 12-18-97.)
Section 80. The Public Community College Act is amended
by changing Sections 2-12.1, 2-16.02, and 7-13 as follows:
(110 ILCS 805/2-12.1) (from Ch. 122, par. 102-12.1)
Sec. 2-12.1. Experimental district; abolition of
experimental district and establishment of new community
college district.
(a) The State Board shall establish an experimental
community college district, referred to in this Act as the
"experimental district", to be comprised of territory which
includes the City of East St. Louis, Illinois. The State
Board shall determine the area and fix the boundaries of the
territory of the experimental district. Within 30 days of the
establishment of the experimental district, the State Board
shall file with the county clerk of the county, or counties,
concerned a map showing the territory of the experimental
district.
Within the experimental district, the State Board shall
establish, maintain and operate, until the experimental
district is abolished and a new community college district is
established under subsection (c), an experimental community
college to be known as the State Community College of East
St. Louis.
(b) (Blank).
(c) The experimental district shall be abolished and
replaced by a new community college district as follows:
(1) The establishment of the new community college
district shall become effective for all purposes on July
1, 1996, notwithstanding any minimum population,
equalized assessed valuation or other requirements
provided by Section 3-1 or any other provision of this
Act for the establishment of a community college
district.
(2) The experimental district established pursuant
to subsection (a) shall be abolished on July 1, 1996 when
the establishment of the new community college district
becomes effective for all purposes.
(3) The territory of the new community college
district shall be comprised of the territory of, and its
boundaries shall be coterminous with the boundaries of
the experimental district which it will replace, as those
boundaries existed on November 7, 1995.
(4) Notwithstanding the fact that the establishment
of the new community college district does not become
effective for all purposes until July 1, 1996, the
election for the members of the initial board of the new
community college district, to consist of 7 members,
shall be held at the nonpartisan election in November of
1995 in the manner provided by the general election law,
nominating petitions for members of the initial board
shall be filed with the regional superintendent in the
manner provided by Section 3-7.10 with respect to newly
organized districts, and the persons entitled to nominate
and to vote at the election for the members of the board
of the new community college district shall be the
electors in the territory referred to in paragraph (3) of
this subsection. In addition, for purposes of the levy,
extension, and collection of taxes as provided in
paragraph (5.5) of this subsection and for the purposes
of establishing the territory and boundaries of the new
community college district within and for which those
taxes are to be levied, the new community college
district shall be deemed established and effective when
the 7 members of the initial board of the new community
college district are elected and take office as provided
in this subsection (c).
(5) Each member elected to the initial board of the
new community college district must, on the date of his
election, be a citizen of the United States, of the age
of 18 years or over, and a resident of the State and the
territory referred to in paragraph (3) of this subsection
for at least one year preceding his election. Election
to the initial board of the new community college
district of a person who on July 1, 1996 is a member of a
common school board constitutes his resignation from, and
creates a vacancy on that common school board effective
July 1, 1996.
(5.5) The members first elected to the board of
trustees shall take office on the first Monday of
December, 1995, for the sole and limited purpose of
levying, at the rates specified in the proposition
submitted to the electors under subsection (b), taxes for
the educational purposes and for the operations and
maintenance of facilities purposes of the new community
college district. The taxes shall be levied in calendar
year 1995 for extension and collection in calendar year
1996, notwithstanding the fact that the new community
college district does not become effective for the
purposes of administration of the community college until
July 1, 1996. The regional superintendent shall convene
the meeting under this paragraph and the members shall
organize for the purpose of that meeting by electing, pro
tempore, a chairperson and a secretary. At that meeting
the board is authorized to levy taxes for educational
purposes and for operations and maintenance of facilities
purposes as authorized in this paragraph without adopting
any budget for the new community college district and
shall certify the levy to the appropriate county clerk or
county clerks in accordance with law. The county clerks
shall extend the levy notwithstanding any law that
otherwise requires adoption of a budget before extension
of the levy. The funds produced by the levy made under
this paragraph to the extent received by a county
collector before July 1, 1996 shall immediately be
invested in lawful investments and held by the county
collector for payment and transfer to the new community
college district, along with all accrued interest or
other earnings accrued on the investment, as provided by
law on July 1, 1996. All funds produced by the levy and
received by a county collector on or after July 1, 1996
shall be transferred to the new community college
district as provided by law at such time as they are
received by the county collector.
(5.75) Notwithstanding any other provision of this
Section or the fact that establishment of the new
community college district as provided in this subsection
does not take effect until July 1, 1996, the members
first elected to the board of trustees of the new
community college district are authorized to meet,
beginning on June 1, 1996 and thereafter for purposes of:
(i) arranging for and approving educational programs,
ancillary services, staffing, and associated expenditures
that relate to the offering by the new community college
district of educational programs beginning on or after
July 1, 1996 and before the fall term of the 1996-97
academic year, and (ii) otherwise facilitating the
orderly transition of operations from the experimental
district known as State Community College of East St.
Louis to the new community college district established
under this subsection. The persons elected to serve, pro
tempore, as chairperson and secretary of the board for
purposes of paragraph (5.5) shall continue to serve in
that capacity for purposes of this paragraph (5.75).
(6) Except as otherwise provided in paragraphs
(5.5) and (5.75), each of the members first elected to
the board of the new community college district shall
take office on July 1, 1996, and the Illinois Community
College Board, publicly by lot and not later than July 1,
1996, shall determine the length of term to be served by
each member of the initial board as follows: 2 shall
serve until their successors are elected at the
nonpartisan election in 1997 and have qualified, 2 shall
serve until their successors are elected at the
consolidated election in 1999 and have qualified, and 3
shall serve until their successors are elected at the
consolidated election in 2001 and have qualified. Their
successors shall serve 6 year terms. Terms of members are
subject to Section 2A-54 of the Election Code.
(7) The regional superintendent shall convene the
initial board of the new community college district on
July 1, 1996, and the non-voting student member initially
selected to that board as provided in Section 3-7.24
shall serve a term beginning on the date of selection and
expiring on the next succeeding April 15. Upon being
convened on July 1, 1996, the board shall proceed to
organize in accordance with Section 3-8, and shall
thereafter continue to exercise the powers and duties of
a board in the manner provided by law for all boards of
community college districts except where obviously
inapplicable or otherwise provided by this Act.
Vacancies shall be filled, and members shall serve
without compensation subject to reimbursement for
reasonable expenses incurred in connection with their
service as members, as provided in Section 3-7. The duly
elected and organized board of the new community college
district shall levy taxes at a rate not to exceed .175
percent for educational purposes and at a rate not to
exceed .05 percent for operations and maintenance of
facilities purposes; provided that the board may act to
increase such rates at a regular election in accordance
with Section 3-14 and the general election law.
(d) Upon abolition of the experimental district and
establishment of the new community college district as
provided in this Section, all tangible personal property,
including inventory, equipment, supplies, and library books,
materials, and collections, belonging to the experimental
district and State Community College of East St. Louis at the
time of their abolition under this Section shall be deemed
transferred, by operation of law, to the board of trustees of
the new community college district. In addition, all real
property, and the improvements situated thereon, held by
State Community College of East St. Louis or on its behalf by
its board of trustees shall, upon abolition of the
experimental district and college as provided in this
Section, be conveyed by the Illinois Community College Board,
in the manner prescribed by law, to the board of trustees of
the new community college district established under this
Section for so long as that real property is used for the
conduct and operation of a public community college and the
related purposes of a public community college district of
this State. Neither the new community college district nor
its board of trustees shall have any responsibility to any
vendor or other person making a claim relating to the
property, inventory, or equipment so transferred. On August
22, the effective date of this amendatory Act of 1997, the
endowment funds, gifts, trust funds, and funds from student
activity fees and the operation of student and staff medical
and health programs, union buildings, bookstores, campus
centers, and other auxiliary enterprises and activities that
were received by the board of trustees of State Community
College of East St. Louis and held and retained by that board
of trustees at the time of the abolition of the experimental
district and its replacement by the new community college
district as provided in this Section shall be deemed
transferred by operation of law to the board of trustees of
that new community college district, to be retained in its
own treasury and used in the conduct and operation of the
affairs and related purposes of the new community college
district. On August 22, the effective date of this
amendatory Act of 1997, all funds held locally in the State
Community College of East St. Louis Contracts and Grants
Clearing Account, the State Community College of East St.
Louis Income Fund Clearing Account and the Imprest Fund shall
be transferred by the Board to the General Revenue Fund.
(e) The outstanding obligations incurred for fiscal
years prior to fiscal year 1997 by the board of trustees of
State Community College of East St. Louis before the
abolition of that college and the experimental district as
provided in this Section shall be paid by the State Board
from appropriations made to the State Board from the General
Revenue Fund for purposes of this subsection. To facilitate
the appropriations to be made for that purpose, the State
Comptroller and State Treasurer, without delay, shall
transfer to the General Revenue Fund from the State Community
College of East St. Louis Income Fund and the State Community
College of East St. Louis Contracts and Grants Fund, special
funds previously created in the State Treasury, any balances
remaining in those special funds on August 22, the effective
date of this amendatory Act of 1997.
(Source: P.A. 89-141, eff. 7-14-95; 89-473, eff. 6-18-96;
90-358, eff. 1-1-98; 90-509, eff. 8-22-97; revised 11-14-97.)
(110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
Sec. 2-16.02. Grants. Any community college district
that maintains a community college recognized by the State
Board shall receive, when eligible, grants enumerated in this
Section. Funded semester credit hours or other measures as
specified by the State Board shall be used to distribute
grants to community colleges. Funded semester credit hours
shall be defined, for purposes of this Section, as the
greater of (1) the number of semester credit hours, or
equivalent, in all funded instructional categories of
students who have been certified as being in attendance at
midterm during the respective terms of the base fiscal year
or (2) the average of semester credit hours, or equivalent,
in all funded instructional categories of students who have
been certified as being in attendance at midterm during the
respective terms of the base fiscal year and the 2 prior
fiscal years. For purposes of this Section, "base fiscal
year" means the fiscal year 2 years prior to the fiscal year
for which the grants are appropriated. Such students shall
have been residents of Illinois and shall have been enrolled
in courses that are part of instructional program categories
approved by the State Board and that are applicable toward an
associate degree or certificate. Courses are not eligible
for reimbursement where the district receives federal or
State financing or both, except financing through the State
Board, for 50% or more of the program costs with the
exception of courses offered by contract with the Department
of Corrections in correctional institutions. Credit hour
grants shall be paid based on rates per funded semester
credit hour or equivalent calculated by the State Board for
funded instructional categories using cost of instruction,
enrollment, inflation, and other relevant factors. Small
district grants, in an amount to be determined by the State
Board, shall be made to each district with less than 75,000
funded semester credit hours, exclusive of Department of
Corrections credit hours.
Equalization grants shall be calculated by the State
Board by determining a local revenue factor for each district
by: (A) adding (1) each district's Corporate Personal
Property Replacement Fund allocations from the base fiscal
year or the average of the base fiscal year and prior year,
whichever is less, divided by the applicable statewide
average tax rate to (2) the district's most recently audited
year's equalized assessed valuation or the average of the
most recently audited year and prior year, whichever is less,
(B) then dividing by the district's audited full-time
equivalent resident students for the base fiscal year or the
average for the base fiscal year and the 2 prior fiscal
years, whichever is greater, and (C) then multiplying by the
applicable statewide average tax rate. The State Board shall
calculate a statewide weighted average threshold by applying
the same methodology to the totals of all districts'
Corporate Personal Property Tax Replacement Fund allocations,
equalized assessed valuations, and audited full-time
equivalent district resident students and multiplying by the
applicable statewide average tax rate. The difference between
the statewide weighted average threshold and the local
revenue factor, multiplied by the number of full-time
equivalent resident students, shall determine the amount of
equalization funding that each district is eligible to
receive. A percentage factor, as determined by the State
Board, may be applied to the statewide threshold as a method
for allocating equalization funding. A minimum equalization
grant of an amount per district as determined by the State
Board shall be established for any community college district
which qualifies for an equalization grant based upon the
preceding criteria, but becomes ineligible for equalization
funding, or would have received a grant of less than the
minimum equalization grant, due to threshold prorations
applied to reduce equalization funding. As of July 1, 1997,
community college districts must maintain a minimum required
in-district tuition rate per semester credit hour as
determined by the State Board. For each fiscal year between
July 1, 1997 and June 30, 2001, districts not meeting the
minimum required rate will be subject to a percent reduction
of equalization funding as determined by the State Board. As
of July 1, 2001, districts must meet the required minimum
in-district tuition rate to qualify for equalization funding.
A special populations grant of a base amount as
determined by the State Board shall be distributed to each
community college district. Any remaining appropriated funds
for special populations purposes shall be distributed based
on factors as determined by the State Board. Each community
college district's expenditures of funds from those grants
shall be limited to courses and services related to programs
for educationally disadvantaged and minority students as
specified by the State Board.
A workforce preparation grant of a base grant amount as
determined by the State Board shall be distributed to each
community college district. Any remaining appropriated funds
for workforce preparation programs shall be distributed based
on factors as determined by the State Board. Each community
college district's expenditures of funds from those grants
shall be limited to workforce preparation activities and
services as specified by the State Board.
An advanced technology equipment grant shall be
distributed proportionately to each community college
district based on each district's share of the State total
funded semester credit hours, or equivalent, in business
occupational, technical occupational, and health occupational
courses or other measures as determined by the State Board.
Each community college district's expenditures of funds from
those grants shall be limited to procurement of equipment for
curricula impacted by technological advances as specified by
the State Board.
Until January 1, 1999, a retirees health insurance grant
shall be distributed proportionately to each community
college district or entity created pursuant to Section 3-55
based on the total number of community college retirees in
the State on July 1 of the fiscal year prior to the fiscal
year for which the grants are appropriated, as determined by
the State Board. Expenditures of funds from those grants
shall be limited to payment of costs associated with
retirees' health insurance. Beginning January 1, 1999, the
retirees health insurance grant shall be limited to community
college districts subject to Article VII of this Act. The
retirees health insurance grants to community college
districts not subject to Article VII for fiscal year
1998-1999 shall be calculated so as to reflect the January 1,
1999 termination date.
A deferred maintenance grant shall be distributed to each
community college district based upon criteria as determined
by the State Board. Each community college district's
expenditures of funds from those grants shall be limited to
deferred maintenance activities specified by the State Board.
A grant shall be provided to the Illinois Occupational
Information Coordinating Committee for the purpose of
providing the State Board with labor market information by
updating the Occupational Information System and HORIZONS
Career Information System and by providing labor market
information and technical assistance, that grant to be
provided in its entirety during the first quarter of the
fiscal year.
The State Board shall distribute such other grants as may
be authorized or appropriated by the General Assembly.
Each community college district entitled to State grants
under this Section must submit a report of its enrollment to
the State Board not later than 30 days following the end of
each semester, quarter, or term in a format prescribed by the
State Board. These semester credit hours, or equivalent,
shall be certified by each district on forms provided by the
State Board. Each district's certified semester credit
hours, or equivalent, are subject to audit pursuant to
Section 3-22.1.
The State Board shall certify, prepare, and submit to the
State Comptroller during August, November, February, and May
of each fiscal year vouchers setting forth an amount equal to
25% of the grants approved by the State Board for credit hour
grants, small district grants, special populations grants,
workforce preparation grants, equalization grants, advanced
technology equipment grants, deferred maintenance grants, and
retirees health insurance grants. The State Board shall
prepare and submit to the State Comptroller vouchers for
special initiatives grant payments as set forth in the
contracts executed pursuant to appropriations received for
special initiatives. The Comptroller shall cause his warrants
to be drawn for the respective amounts due, payable to each
community college district, within 15 days following the
receipt of such vouchers. If the amount appropriated for
grants is different from the amount provided for such grants
under this Act, the grants shall be proportionately reduced
or increased accordingly.
For the purposes of this Section, "resident student"
means a student in a community college district who maintains
residency in that district or meets other residency
definitions established by the State Board, and who was
enrolled either in one of the approved instructional program
categories in that district, or in another community college
district to which the resident's district is paying tuition
under Section 6-2 or with which the resident's district has
entered into a cooperative agreement in lieu of such tuition.
For the purposes of this Section, a "full-time
equivalent" student is equal to 30 semester credit hours.
The Illinois Community College Board Contracts and Grants
Fund is hereby created in the State Treasury. Items of
income to this fund shall include any grants, awards,
endowments, or like proceeds, and where appropriate, other
funds made available through contracts with governmental,
public, and private agencies or persons. The General
Assembly shall from time to time make appropriations payable
from such fund for the support, improvement, and expenses of
the State Board and Illinois community college districts.
(Source: P.A. 89-141, eff. 7-14-95; 89-281, eff. 8-10-95;
89-473, eff. 6-18-96; 89-626, eff. 8-9-96; 90-468, eff.
8-17-97; 90-486, eff. 8-17-97; 90-497, eff. 8-18-97; revised
11-17-97.)
(110 ILCS 805/7-13) (from Ch. 122, par. 107-13)
Sec. 7-13. After the adoption of the budget, the board
may not make any other appropriations before the adoption or
passage of the next succeeding budget. The board may not,
either directly or indirectly, make any contract or do any
act which will add to its expenditures or liabilities, in any
fiscal year, any thing or sum above the amount provided for
in the annual budget for that fiscal year, but the board, by
a concurring vote of 2/3 of all the members thereof (this
vote to be taken by yeas and nays and entered in the
proceedings of the board), may make any expenditures and
incur any liability rendered necessary to meet emergencies
such as epidemics, fires, unforeseen damages or other
catastrophes catastrophies happening after the annual budget
has been passed or adopted. However, the board may at any
time after the adoption of the annual budget, by a vote of
2/3 of all the members of the board, pass an additional or
supplemental budget, thereby adding appropriations to those
made in the annual budget and such supplemental or additional
budget shall be regarded as an amendment of the annual budget
for that year, but any additional or supplemental
appropriations so made may not exceed the amount of moneys
which the board estimates it will receive in that year from
State appropriations, from federal funds and from any
increase in the authorized tax rates over and above the
amount of moneys which the board, at the time of the adoption
of its annual budget for that year, estimated would be
received from those sources. This Section does not prevent
the board from providing for and causing to be paid from its
funds any charge imposed by law without the action of the
board.
(Source: P.A. 85-1335; revised 6-27-97.)
Section 81. The Governor's Scholars Board of Sponsors
Act is amended by changing Section 1 as follows:
(110 ILCS 940/1) (from Ch. 127, par. 63b131)
Sec. 1. There is created There is created a Board of
Sponsors of The Governor's Scholars, consisting of 10
members, 5 of whom shall be named by the Governor. The
Director of the Department of Central Management Services
shall be an a ex officio member, and there shall be 5
academic members who shall be named from cooperating
universities by the Governor. Members shall serve until July
1 of each odd-numbered year and until their successors are
appointed and qualified. Successors to academic members
shall be appointed during the month of June in each odd
numbered year. Vacancies shall be filled by appointment for
the unexpired term in the same manner as original
appointments are made. Appointments shall be in writing and
filed with the Secretary of State as public records record.
The Board of Sponsors shall elect its own chairman, and a
program coordinator for The Governor's Scholars who shall
serve as Secretary of the Board of Sponsors without vote.
Members of the Board of Sponsors shall serve without
compensation but shall be reimbursed for necessary expenses
in connection with the performance of their duties.
(Source: P.A. 82-789; revised 8-11-97.)
Section 82. The Illinois Banking Act is amended by
changing Sections 5, 14, and 17 and setting forth and
renumbering multiple versions of Section 48.4 as follows:
(205 ILCS 5/5) (from Ch. 17, par. 311)
Sec. 5. General corporate powers. A bank organized
under this Act or subject hereto shall be a body corporate
and politic and shall, without specific mention thereof in
the charter, have all the powers conferred by this Act and
the following additional general corporate powers:
(1) To sue and be sued, complain, and defend in its
corporate name.
(2) To have a corporate seal, which may be altered at
pleasure, and to use the same by causing it or a facsimile
thereof to be impressed or affixed or in any manner
reproduced, provided that the affixing of a corporate seal to
an instrument shall not give the instrument additional force
or effect, or change the construction thereof, and the use of
a corporate seal is not mandatory.
(3) To make, alter, amend, and repeal bylaws, not
inconsistent with its charter or with law, for the
administration of the affairs of the bank.
(4) To elect or appoint and remove officers and agents
of the bank and define their duties and fix their
compensation.
(5) To adopt and operate reasonable bonus plans,
profit-sharing plans, stock-bonus plans, stock-option plans,
pension plans and similar incentive plans for its directors,
officers and employees.
(5.1) To manage, operate and administer a fund for the
investment of funds by a public agency or agencies, including
any unit of local government or school district, or any
person. The fund for a public agency shall invest in the
same type of investments and be subject to the same
limitations provided for the investment of public funds. The
fund for public agencies shall maintain a separate ledger
showing the amount of investment for each public agency in
the fund. "Public funds" and "public agency" as used in this
Section shall have the meanings ascribed to them in Section 1
of the Public Funds Investment Act.
(6) To make reasonable donations for the public welfare
or for charitable, scientific, religious or educational
purposes.
(7) To borrow or incur an obligation; and to pledge its
assets:
(a) to secure its borrowings, its lease of personal
or real property or its other nondeposit obligations;
(b) to enable it to act as agent for the sale of
obligations of the United States;
(c) to secure deposits of public money of the
United States, whenever required by the laws of the
United States, including without being limited to,
revenues and funds the deposit of which is subject to the
control or regulation of the United States or any of its
officers, agents, or employees and Postal Savings funds;
(d) to secure deposits of public money of any state
or of any political corporation or subdivision thereof
including, without being limited to, revenues and funds
the deposit of which is subject to the control or
regulation of any state or of any political corporation
or subdivisions thereof or of any of their officers,
agents, or employees;
(e) to secure deposits of money whenever required
by the National Bankruptcy Act;
(f) (blank); and
(g) to secure trust funds commingled with the
bank's funds, whether deposited by the bank or an
affiliate of the bank, pursuant to Section 2-8 of the
Corporate Fiduciary Act.
(8) To own, possess, and carry as assets all or part of
the real estate necessary in or with which to do its banking
business, either directly or indirectly through the ownership
of all or part of the capital stock, shares or interests in
any corporation, association, trust engaged in holding any
part or parts or all of the bank premises, engaged in such
business and in conducting a safe deposit business in the
premises or part of them, or engaged in any activity that the
bank is permitted to conduct in a subsidiary pursuant to
paragraph (12) of this Section 5.
(9) To own, possess, and carry as assets other real
estate to which it may obtain title in the collection of its
debts or that was formerly used as a part of the bank
premises, but title to any real estate except as herein
permitted shall not be retained by the bank, either directly
or by or through a subsidiary, as permitted by subsection
(12) of this Section for a total period of more than 10 years
after acquiring title, either directly or indirectly.
(10) To do any act, including the acquisition of stock,
necessary to obtain insurance of its deposits, or part
thereof, and any act necessary to obtain a guaranty, in whole
or in part, of any of its loans or investments by the United
States or any agency thereof, and any act necessary to sell
or otherwise dispose of any of its loans or investments to
the United States or any agency thereof, and to acquire and
hold membership in the Federal Reserve System.
(11) Notwithstanding any other provisions of this Act,
to do any act and to own, possess, and carry as assets
property of the character, including stock, that is at the
time authorized or permitted to national banks by an Act of
Congress, but subject always to the same limitations and
restrictions as are applicable to national banks by the
pertinent federal law.
(12) To own, possess, and carry as assets stock of one
or more corporations that is, or are, engaged in one or more
of the following businesses:
(a) holding title to and administering assets
acquired as a result of the collection or liquidating of
loans, investments, or discounts; or
(b) holding title to and administering personal
property acquired by the bank, directly or indirectly
through a subsidiary, for the purpose of leasing to
others, provided the lease or leases and the investment
of the bank, directly or through a subsidiary, in that
personal property otherwise comply with Section 35.1 of
this Act; or
(c) carrying on or administering any of the
activities excepting the receipt of deposits or the
payment of checks or other orders for the payment of
money in which a bank may engage in carrying on its
general banking business; provided, however, that nothing
contained in this paragraph (c) shall be deemed to permit
a bank organized under this Act or subject hereto to do,
either directly or indirectly through any subsidiary, any
act, including the making of any loan or investment, or
to own, possess, or carry as assets any property that if
done by or owned, possessed, or carried by the State bank
would be in violation of or prohibited by any provision
of this Act.
The provisions of this subsection (12) shall not apply to
and shall not be deemed to limit the powers of a State bank
with respect to the ownership, possession, and carrying of
stock that a State bank is permitted to own, possess, or
carry under this Act.
Any bank intending to establish a subsidiary under this
subsection (12) shall give written notice to the Commissioner
60 days prior to the subsidiary's commencing of business or,
as the case may be, prior to acquiring stock in a corporation
that has already commenced business. After receiving the
notice, the Commissioner may waive or reduce the balance of
the 60 day notice period. The Commissioner may specify the
form of the notice and may promulgate rules and regulations
to administer this subsection (12).
(13) To accept for payment at a future date not
exceeding one year from the date of acceptance, drafts drawn
upon it by its customers; and to issue, advise, or confirm
letters of credit authorizing the holders thereof to draw
drafts upon it or its correspondents.
(14) To own and lease personal property acquired by the
bank at the request of a prospective lessee and upon the
agreement of that person to lease the personal property
provided that the lease, the agreement with respect thereto,
and the amount of the investment of the bank in the property
comply with Section 35.1 of this Act.
(15) (a) To establish and maintain, in addition to the
main banking premises, branches offering any banking services
permitted at the main banking premises of a State bank.
(b) To establish and maintain, after May 31, 1997,
branches in another state that may conduct any activity in
that state that is authorized or permitted for any bank that
has a banking charter issued by that state, subject to the
same limitations and restrictions that are applicable to
banks chartered by that state.
(16) (Blank).
(17) To establish and maintain terminals, as authorized
by the Electronic Fund Transfer Act.
(18) To establish and maintain temporary service booths
at any International Fair held in this State which is
approved by the United States Department of Commerce, for the
duration of the international fair for the sole purpose of
providing a convenient place for foreign trade customers at
the fair to exchange their home countries' currency into
United States currency or the converse. This power shall not
be construed as establishing a new place or change of
location for the bank providing the service booth.
(19) To indemnify its officers, directors, employees,
and agents, as authorized for corporations under Section 8.75
of the Business Corporation Act of 1983.
(20) To own, possess, and carry as assets stock of, or
be or become a member of, any corporation, mutual company,
association, trust, or other entity formed exclusively for
the purpose of providing directors' and officers' liability
and bankers' blanket bond insurance or reinsurance to and for
the benefit of the stockholders, members, or beneficiaries,
or their assets or businesses, or their officers, directors,
employees, or agents, and not to or for the benefit of any
other person or entity or the public generally.
(21) To make debt or equity investments in corporations
or projects, whether for profit or not for profit, designed
to promote the development of the community and its welfare,
provided that the aggregate investment in all of these
corporations and in all of these projects does not exceed 10%
of the unimpaired capital and unimpaired surplus of the bank
and provided that this limitation shall not apply to
creditworthy loans by the bank to those corporations or
projects. Upon written application to the Commissioner, a
bank may make an investment that would, when aggregated with
all other such investments, exceed 10% of the unimpaired
capital and unimpaired surplus of the bank. The Commissioner
may approve the investment if he is of the opinion and finds
that the proposed investment will not have a material adverse
effect on the safety and soundness of the bank.
(22) To own, possess, and carry as assets the stock of a
corporation engaged in the ownership or operation of a travel
agency or to operate a travel agency as a part of its
business, provided that the bank either owned, possessed, and
carried as assets the stock of such a corporation or operated
a travel agency as part of its business before July 1, 1991.
(23) With respect to affiliate facilities:
(a) to conduct at affiliate facilities any of the
following transactions for and on behalf of another
commonly owned bank, if so authorized by the other bank:
receiving deposits; cashing and issuing checks, drafts,
and money orders; changing money; and receiving payments
on existing indebtedness; and
(b) to authorize a commonly owned bank to conduct
for and on behalf of it any of the transactions listed in
this paragraph (23) at one or more affiliate facilities.
Any bank intending to conduct or to authorize a commonly
owned bank to conduct at an affiliate facility any of the
transactions specified in this paragraph (23) shall give
written notice to the Commissioner at least 30 days before
any such transaction is conducted at the affiliate facility.
(24) To act as the agent for any fire, life, or other
insurance company authorized by the State of Illinois, by
soliciting and selling insurance and collecting premiums on
policies issued by such company; and to may receive for
services so rendered such fees or commissions as may be
agreed upon between the said bank and the insurance company
for which it may act as agent; provided, however, that no
such bank shall in any case assume or guarantee the payment
of any premium on insurance policies issued through its
agency by its principal; and provided further, that the bank
shall not guarantee the truth of any statement made by an
assured in filing his application for insurance.
(Source: P.A. 89-208, eff. 9-29-95; 89-310, eff. 1-1-96;
89-364, eff. 8-18-95; 89-626, eff. 8-9-96; 90-41, eff.
10-1-97; 90-301, eff. 8-1-97; revised 10-22-97.)
(205 ILCS 5/14) (from Ch. 17, par. 321)
Sec. 14. Stock. Unless otherwise provided for in this
Act provisions of general application to stock of a state
bank shall be as follows:
(1) All banks shall have their capital divided into
shares of a par value of not less than one dollar each and
not more than one hundred dollars each. No issue of capital
stock or preferred stock shall be valid until not less than
the par value of all such stock so issued shall be paid in
and notice thereof by the president, a vice-president or
cashier of the bank has been transmitted to the Commissioner.
In the case of an increase in capital stock by the
declaration of a stock dividend, the capitalization of
retained earnings effected by such stock dividend shall
constitute the payment for such shares required by the
preceding sentence, provided that the surplus of said bank
after such stock dividend shall be at least equal to fifty
per cent of the capital as increased. The charter shall not
limit or deny the voting power of the shares of any class of
stock except as provided in Section 15(3) of this Act.
(2) Pursuant to action taken in accordance with the
requirements of Section 17, a bank may issue preferred stock
of one or more classes as shall be approved by the
Commissioner as hereinafter provided, and make such amendment
to its charter as may be necessary for this purpose; but in
the case of any newly organized bank which has not yet issued
capital stock the requirements of Section 17 shall not apply.
(3) Without limiting the authority herein contained a
bank, when so provided in its charter and when approved by
the Commissioner, may issue shares of preferred stock:
(a) Subject to the right of the bank to redeem any
of such shares at not exceeding the price fixed by the
charter for the redemption thereof;
(b) Subject to the provisions of subsection (8) of
this Section 14 entitling the holders thereof to
cumulative or noncumulative dividends;
(c) Having preference over any other class or
classes of shares as to the payment of dividends;
(d) Having preference as to the assets of the bank
over any other class or classes of shares upon the
voluntary or involuntary liquidation of the bank;
(e) Convertible into shares of any other class of
stock, provided that preferred shares shall not be
converted into shares of a different par value unless
that part of the capital of the bank represented by such
preferred shares is at the time of the conversion equal
to the aggregate par value of the shares into which the
preferred shares are to be converted.
(4) If any part of the capital of a bank consists of
preferred stock, the determination of whether or not the
capital of such bank is impaired and the amount of such
impairment shall be based upon the par value of its stock
even though the amount which the holders of such preferred
stock shall be entitled to receive in the event of retirement
or liquidation shall be in excess of the par value of such
preferred stock.
(5) Pursuant to action taken in accordance with the
requirements of Section 17 of this Act, a state bank may
provide for a specified number of authorized but unissued
shares of capital stock for one or more of the following
purposes:
(a) Reserved for issuance under stock option plan
or plans to directors, officers or employees;
(b) Reserved for issuance upon conversion of
convertible preferred stock issued pursuant to and in
compliance with the provisions of subsections (2) and (3)
of this Section 14.
(c) Reserved for issuance upon conversion of
convertible debentures or other convertible evidences of
indebtedness issued by a state bank, provided always that
the terms of such conversion have been approved by the
Commissioner;
(d) Reserved for issuance by the declaration of a
stock dividend. If and when any shares of capital stock
are proposed to be authorized and reserved for any of the
purposes set forth in subparagraphs (a), (b) or (c)
above, the notice of the meeting, whether special or
annual, of stockholders at which such proposition is to
be considered shall be accompanied by a statement setting
forth or summarizing the terms upon which the shares of
capital stock so reserved are to be issued, and the
extent to which any preemptive rights of stockholders are
inapplicable to the issuance of the shares so reserved or
to the convertible preferred stock or convertible
debentures or other convertible evidences of
indebtedness, and the approving vote of the holders of at
least two-thirds of the outstanding shares of stock
entitled to vote at such meeting of the terms of such
issuance shall be requisite for the adoption of any
amendment providing for the reservation of authorized but
unissued shares for any of said purposes. Nothing in this
subsection (5) contained shall be deemed to authorize the
issuance of any capital stock for a consideration less
than the par value thereof.
(6) Upon written application to the Commissioner 60 days
prior to the proposed purchase and receipt of the written
approval of the Commissioner, a state bank may purchase and
hold as treasury stock such amounts of the total number of
issued and outstanding shares of its capital and preferred
stock outstanding as the Commissioner determines is
consistent with safety and soundness of the bank. The
Commissioner may specify the manner of accounting for the
treasury stock and the form of notice prior to ultimate
disposition of the shares. Except as authorized in this
subsection, it shall not be lawful for a state bank to
purchase or hold any additional such shares or securities
described in subsection (2) of Section 37 unless necessary to
prevent loss upon a debt previously contracted in good faith,
in which event such shares or securities so purchased or
acquired shall, within 6 months from the time of purchase or
acquisition, be sold or disposed of at public or private
sale. Any state bank which intends to purchase and hold
treasury stock as authorized in this subsection (6) shall
file a written application with the Commissioner 60 days
prior to any such proposed purchase. The application shall
state the number of shares to be purchased, the consideration
for the shares, the name and address of the person from whom
the shares are to be purchased, if known, and the total
percentage of its issued and outstanding shares to be held by
the bank after the purchase. The total consideration paid by
a state bank for treasury stock shall reduce capital and
surplus of the bank for purposes of Sections of this Act
relating to lending and investment limits which require
computation of capital and surplus. After considering and
approving an application to purchase and hold treasury stock
under this subsection, the Commissioner may waive or reduce
the balance of the 60 day application period. The
Commissioner may specify the form of the application for
approval to acquire treasury stock and promulgate rules and
regulations for the administration of this subsection (6). A
state bank may, acquire or resell its owns shares as treasury
stock pursuant to this subsection (6) without a change in its
charter pursuant to Section 17. Such stock may be held for
any purpose permitted in subsection (5) of this Section 14 or
may be resold upon such reasonable terms as the board of
directors may determine provided notice is given to the
Commissioner prior to the resale of such stock.
(7) During the time that a state bank shall continue its
banking business, it shall not withdraw or permit to be
withdrawn, either in the form of dividends or otherwise, any
portion of its capital, but nothing in this subsection shall
prevent a reduction or change of the capital stock or the
preferred stock under the provisions of Sections 17 through
30 of this Act, a purchase of treasury stock under the
provisions of subsection (6) of this Section 14 or a
redemption of preferred stock pursuant to charter provisions
therefor.
(8) (a) Subject to the provisions of this Act, the
board of directors of a state bank from time to time may
declare a dividend of so much of the net profits of such
bank as it shall judge expedient, but each bank before
the declaration of a dividend shall carry at least
one-tenth of its net profits since the date of the
declaration of the last preceding dividend, or since the
issuance of its charter in the case of its first
dividend, to its surplus until the same shall be equal to
its capital.
(b) No dividends shall be paid by a state bank
while it continues its banking business to an amount
greater than its net profits then on hand, deducting
first therefrom its losses and bad debts. All debts due
to a state bank on which interest is past due and unpaid
for a period of 6 months or more, unless the same are
well secured and in the process of collection, shall be
considered bad debts.
(9) A State bank may, but shall not be obliged to, issue
a certificate for a fractional share, and, by action of its
board of directors, may in lieu thereof, pay cash equal to
the value of the fractional share. A certificate for a
fractional share shall entitle the holder to exercise
fractional voting rights, to receive dividends, and to
participate in any of the assets of the bank in the event of
liquidation.
(Source: P.A. 90-160, eff. 7-23-97; 90-301, eff. 8-1-97;
revised 10-22-97.)
(205 ILCS 5/17) (from Ch. 17, par. 324)
Sec. 17. Changes in charter.
(a) By compliance with the provisions of this Act a
State bank may:
(1) change its main banking premises provided that
there shall not be a removal to a new location without
complying with the capital requirements of Section 7 and
of subsection (1) of Section 10 hereof, nor unless the
Commissioner shall find that the convenience and needs of
the area sought to be served by the bank at its proposed
new location will be promoted;
(2) increase, decrease or change its capital stock,
whether issued or unissued, provided that in no case
shall the capital be diminished to the prejudice of its
creditors;
(3) provide for authorized but unissued capital
stock reserved for issuance for one or more of the
purposes provided for in subsection (5) of Section 14
hereof;
(4) authorize preferred stock, or increase,
decrease or change the preferences, qualifications,
limitations, restrictions or special or relative rights
of its preferred stock, whether issued or unissued,
provided that in no case shall the capital be diminished
to the prejudice of its creditors;
(5) increase, decrease or change the par value of
its shares of its capital stock or preferred stock,
whether issued or unissued;
(6) extend the duration of its charter;
(7) eliminate cumulative voting rights under all or
specified circumstances, or eliminate voting rights
entirely, as to any class or classes or series of stock
of the bank pursuant to paragraph (3) of Section 15,
provided that one class of shares or series thereof shall
always have voting in respect to all matters in the bank,
and provided further that the proposal to eliminate such
voting rights receives the approval of the holders of 70%
of the outstanding shares of stock entitled to vote as
provided in paragraph (7) of subsection (b) of this
Section 17;
(8) increase, decrease, or change its capital stock
or preferred stock, whether issued or unissued, for the
purpose of eliminating fractional shares or avoiding the
issuance of fractional shares, provided that in no case
shall the capital be diminished to the prejudice of its
creditors; or
(9) Make such other change in its charter as may be
authorized in this Act.
(b) To effect a change or changes in a State bank's
charter as provided for in this Section 17:
(1) The board of directors shall adopt a resolution
setting forth the proposed amendment and directing that
it be submitted to a vote at a meeting of stockholders,
which may be either an annual or special meeting.
(2) If the meeting is a special meeting, written or
printed notice setting forth the proposed amendment or
summary thereof shall be given to each stockholder of
record entitled to vote at such meeting at least 30 days
before such meeting and in the manner provided in this
Act for the giving of notice of meetings of stockholders.
(3) At such special meeting, a vote of the
stockholders entitled to vote shall be taken on the
proposed amendment. Except as provided in paragraph (7)
of this subsection (b), the proposed amendment shall be
adopted upon receiving the affirmative vote of the
holders of at least two-thirds of the outstanding shares
of stock entitled to vote at such meeting, unless holders
of preferred stock are entitled to vote as a class in
respect thereof, in which event the proposed amendment
shall be adopted upon receiving the affirmative vote of
the holders of at least two-thirds of the outstanding
shares of each class of shares entitled to vote as a
class in respect thereof and of the total outstanding
shares entitled to vote at such meeting. Any number of
amendments may be submitted to the stockholders and voted
upon by them at one meeting. A certificate of the
amendment, or amendments, verified by the president, or a
vice-president, or the cashier, shall be filed
immediately in the office of the Commissioner.
(4) At any annual meeting without a resolution of
the board of directors and without a notice and prior
publication, as hereinabove provided, a proposition for a
change in the bank's charter as provided for in this
Section 17 may be submitted to a vote of the stockholders
entitled to vote at the annual meeting, except that no
proposition for authorized but unissued capital stock
reserved for issuance for one or more of the purposes
provided for in subsection (5) of Section 14 hereof shall
be submitted without complying with the provisions of
said subsection. The proposed amendment shall be adopted
upon receiving the affirmative vote of the holders of at
least two-thirds of the outstanding shares of stock
entitled to vote at such meeting, unless holders of
preferred stock are entitled to vote as a class in
respect thereof, in which event the proposed amendment
shall be adopted upon receiving the affirmative vote of
the holders of at least two-thirds of the outstanding
shares of each class of shares entitled to vote as a
class in respect thereof and the total outstanding shares
entitled to vote at such meeting. A certificate of the
amendment, or amendments, verified by the president, or a
vice-president or cashier, shall be filed immediately in
the office of the Commissioner.
(5) If an amendment or amendments shall be approved
in writing by the Commissioner, the amendment or
amendments so adopted and so approved shall be
accomplished in accordance with the vote of the
stockholders. The Commissioner shall revoke such
approval in the event such amendment or amendments are
not effected within one year from the date of the
issuance of the Commissioner's certificate and written
approval except for transactions permitted under
subsection (5) of Section 14 of this Act.
(6) No amendment or amendments shall affect suits
in which the bank is a party, nor affect causes of
action, nor affect rights of persons in any particular,
nor shall actions brought against such bank by its former
name be abated by a change of name.
(7) A proposal to amend the charter to eliminate
cumulative voting rights under all or specified
circumstances, or to eliminate voting rights entirely, as
to any class or classes or series or stock of a bank,
pursuant to paragraph (3) of Section 15 and paragraph (7)
of subsection (a) of this Section 17, shall be adopted
only upon such proposal receiving the approval of the
holders of 70% of the outstanding shares of stock
entitled to vote at the meeting where the proposal is
presented for approval, unless holders of preferred stock
are entitled to vote as a class in respect thereof, in
which event the proposed amendment shall be adopted upon
receiving the approval of the holders of 70% of the
outstanding shares of each class of shares entitled to
vote as a class in respect thereof and of the total
outstanding shares entitled to vote at the meeting where
the proposal is presented for approval. The proposal to
amend the charter pursuant to this paragraph (7) may be
voted upon at the annual meeting or a special meeting.
(8) Written or printed notice of a stockholders'
meeting to vote on a proposal to increase, decrease or
change the capital stock or preferred stock pursuant to
paragraph (8) of subsection (a) of this Section 17 and to
eliminate fractional shares or avoid the issuance of
fractional shares shall be given to each stockholder of
record entitled to vote at the meeting at least 30 days
before the meeting and in the manner provided in this Act
for the giving of notice of meetings of stockholders, and
shall include all of the following information:
(A) A statement of the purpose of the proposed
reverse stock split.
(B) A statement of the amount of consideration
being offered for the bank's stock.
(C) A statement that the bank considers the
transaction fair to the stockholders, and a
statement of the material facts upon which this
belief is based.
(D) A statement that the bank has secured an
opinion from a third party with respect to the
fairness, from a financial point of view, of the
consideration to be paid, the identity and
qualifications of the third party, how the third
party was selected, and any material relationship
between the third party and the bank.
(E) A summary of the opinion including the
basis for and the methods of arriving at the
findings and any limitation imposed by the bank in
arriving at fair value and a statement making the
opinion available for reviewing or copying by any
stockholder.
(F) A statement that objecting stockholders
will be entitled to the fair value of those shares
that are voted against the charter amendment, if a
proper demand is made on the bank and the
requirements are satisfied as specified in this
Section.
If a stockholder shall file with the bank, prior to or at the
meeting of stockholders at which the proposed charter
amendment is submitted to a vote, a written objection to the
proposed charter amendment and shall not vote in favor
thereof, and if the stockholder, within 20 days after
receiving written notice of the date the charter amendment
was accomplished pursuant to paragraph (5) of subsection (a)
of this Section 17, shall make written demand on the bank for
payment of the fair value of the stockholder's shares as of
the day prior to the date on which the vote was taken
approving the charter amendment, the bank shall pay to the
stockholder, upon surrender of the certificate or
certificates representing the stock, the fair value thereof.
The demand shall state the number of shares owned by the
objecting stockholder. The bank shall provide written notice
of the date on which the charter amendment was accomplished
to all stockholders who have filed written objections in
order that the objecting stockholders may know when they must
file written demand if they choose to do so. Any stockholder
failing to make demand within the 20-day period shall be
conclusively presumed to have consented to the charter
amendment and shall be bound by the terms thereof. If within
30 days after the date on which a charter amendment was
accomplished the value of the shares is agreed upon between
the objecting stockholders and the bank, payment therefor
shall be made within 90 days after the date on which the
charter amendment was accomplished, upon the surrender of the
stockholder's certificate or certificates representing the
shares. Upon payment of the agreed value the objecting
stockholder shall cease to have any interest in the shares or
in the bank. If within such period of 30 days the
stockholder and the bank do not so agree, then the objecting
stockholder may, within 60 days after the expiration of the
30-day period, file a complaint in the circuit court asking
for a finding and determination of the fair value of the
shares, and shall be entitled to judgment against the bank
for the amount of the fair value as of the day prior to the
date on which the vote was taken approving the charter
amendment with interest thereon to the date of the judgment.
The practice, procedure and judgment shall be governed by the
Civil Practice Law. The judgment shall be payable only upon
and simultaneously with the surrender to the bank of the
certificate or certificates representing the shares. Upon
payment of the judgment, the objecting stockholder shall
cease to have any interest in the shares or the bank. The
shares may be held and disposed of by the bank. Unless the
objecting stockholder shall file such complaint within the
time herein limited, the stockholder and all persons claiming
under the stockholder shall be conclusively presumed to have
approved and ratified the charter amendment, and shall be
bound by the terms thereof. The right of an objecting
stockholder to be paid the fair value of the stockholder's
shares of stock as herein provided shall cease if and when
the bank shall abandon the charter amendment.
(c) The purchase and holding and later resale of
treasury stock of a state bank pursuant to the provisions of
subsection (6) of Section 14 may be accomplished without a
change in its charter reflecting any decrease or increase in
capital stock.
(Source: P.A. 89-541, eff. 7-19-96; 90-160, eff. 7-23-97;
90-301, eff. 8-1-97; revised 10-22-97.)
(205 ILCS 5/48.4)
Sec. 48.4. Administrative liens for past-due child
support. Any bank governed by this Act shall encumber or
surrender accounts or assets held by the bank on behalf of
any responsible relative who is subject to a child support
lien, upon notice of the lien or levy of the Illinois
Department of Public Aid or its successor agency pursuant to
Section 10-25.5 of the Illinois Public Aid Code, or upon
notice of interstate lien from any other state's agency
responsible for implementing the child support enforcement
program set forth in Title IV, Part D of the Social Security
Act.
(Source: P.A. 90-18, eff. 7-1-97.)
(205 ILCS 5/48.5)
Sec. 48.5. 48.4. Reliance on Commissioner. No bank or
other person shall be liable under this Act for any act done
or omitted in good faith in conformity with any rule,
interpretation, or opinion issued by the Commissioner of
Banks and Real Estate, notwithstanding that after the act or
omission has occurred, the rule, opinion, or interpretation
upon which reliance is placed is amended, rescinded, or
determined by judicial or other authority to be invalid for
any reason.
(Source: P.A. 90-161, eff. 7-23-97; revised 10-7-97.)
Section 83. The Illinois Bank Holding Company Act of
1957 is amended by changing Section 3.071 as follows:
(205 ILCS 10/3.071) (from Ch. 17, par. 2510.01)
Sec. 3.071. Out of state bank holding companies.
(a) An out of state bank holding company may acquire
ownership of more than 5% of the voting shares of or control
of one or more Illinois banks or Illinois bank holding
companies pursuant to a transaction, occurrence or event that
is described in paragraphs (1) through (5) of subsection (a)
of Section 3.02, provided the acquisition is made in
accordance with Sections 3.02 and 3.07 of this Act in
accordance with subsection (i) of this Section and provided
the following conditions are met:
(1) (Blank).
(2) An out of state bank holding company seeking to
acquire an Illinois bank or Illinois bank holding company
pursuant to subsection (a) of Section 3.071 shall, if
change in control of the bank is governed by Section 18
of the Illinois Banking Act, file with the Commissioner
the application required by that Section containing
information satisfactory to the Commissioner.
(b) (Blank).
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) (Blank).
(i) (1) An out of state bank holding company which
directly or indirectly controls or has control over an
Illinois bank that has existed and continuously operated
as a bank for 5 years or less, may not cause the Illinois
bank to merge with or into, or to have all or
substantially all of the assets acquired by a bank that
is an out of state bank.
(2) For purposes of subsection (i)(1) of this
Section, an Illinois bank that is the resulting bank
following a merger involving an Illinois interim bank
shall be considered to have been in existence and
continuously operated during the existence and continuous
operation of the Illinois merged bank. As used in this
subsection (i)(2), the words "resulting bank" and "merged
bank" shall have the meanings ascribed to those words in
Section 2 of the Illinois Banking Act. As used in this
subsection (i)(2), the words "interim bank" shall mean a
bank which shall not accept deposits, make loans, pay
checks, or engage in the general business of banking or
any part thereof, and is chartered solely for the purpose
of merging with or acquiring control of, or acquiring all
or substantially all of the assets of an existing
Illinois bank.
(3) The provisions of subsection (i)(1) of this
Section shall not apply to the merger or acquisition of
all or substantially all of the assets of an Illinois
bank:
(i) if the merger or acquisition is part of a
purchase or acquisition with respect to which the
Federal Deposit Insurance Corporation provides
assistance under Section 13(c) of the Federal
Deposit Insurance Act; or
(ii) if the Illinois bank is in default or in
danger of default. As used in this subsection
(i)(3)(ii), (i)(3), (ii) the words "in default" and
"in danger of default" shall have the meaning
ascribed to those words in Section 2 of the Illinois
Banking Act.
(Source: P.A. 89-208, eff. 9-29-95; 89-567, eff. 7-26-96;
90-226, eff. 7-25-97; revised 10-15-97.)
Section 84. The Illinois Savings and Loan Act of 1985 is
amended by changing Section 3-11 as follows:
(205 ILCS 105/3-11) (from Ch. 17, par. 3303-11)
Sec. 3-11. Reports from officers and directors.
(a) It is the duty of the secretary of the association to
submit to the Commissioner a list of the names and addresses
of all officers and directors of the association. This list
shall be submitted within 30 days after the election of the
association's board of directors, and any additions or
changes in the list shall be submitted to the Commissioner
within with 30 days after the occurrence of such addition or
change. Along with such list there shall also be submitted an
affidavit executed by every officer and director containing a
statement which shall set forth details as to the present and
for the 5 years preceding the business of every officer and
director and the nature and extent of his prior affiliations
with any other financial institution.
(b) The Commissioner may from time to time require from
any officer, consultant, agent or director of any association
or its service corporation or other affiliate reports, made
under penalty of perjury, concerning such person's
performance of his duties as director consultant, agent or
officer affecting the association or its service corporation
or other affiliate. Any request for such a report shall
contain a statement setting forth the reasons and supporting
facts for requesting the report and its relevance to the
responsibilities of the Commissioner.
(Source: P.A. 84-543; revised 12-18-97.)
Section 85. The Savings Bank Act is amended by setting
forth and renumbering multiple versions of Section 1007.115
and changing Section 1008 as follows:
(205 ILCS 205/1007.115)
Sec. 1007.115. Federal association. "Federal
association" means a savings and loan association or savings
bank incorporated under the federal Home Owners Loan Act of
1993, as now or hereafter amended, whose principal business
office is located within this State.
(Source: P.A. 90-270, eff. 7-30-97.)
(205 ILCS 205/1007.120)
Sec. 1007.120. 1007.115. Affiliate facility. "Affiliate
facility" of a savings bank means a depository institution
main office or branch office of an affiliate depository
institution. The depository institution main office or
branch office may be an affiliate facility with respect to
one or more affiliated savings banks.
(Source: P.A. 90-301, eff. 8-1-97; revised 10-21-97.)
(205 ILCS 205/1008) (from Ch. 17, par. 7301-8)
Sec. 1008. General corporate powers.
(a) A savings bank operating under this Act shall be a
body corporate and politic and shall have all of the specific
powers conferred by this Act and in addition thereto, the
following general powers:
(1) To sue and be sued, complain, and defend in its
corporate name and to have a common seal, which it may
alter or renew at pleasure.
(2) To obtain and maintain insurance by a deposit
insurance corporation as defined in this Act.
(3) To act as a fiscal agent for the United States,
the State of Illinois or any department, branch, arm, or
agency of the State or any unit of local government or
school district in the State, when duly designated for
that purpose, and as agent to perform reasonable
functions as may be required of it.
(4) To become a member of or deal with any
corporation or agency of the United States or the State
of Illinois, to the extent that the agency assists in
furthering or facilitating its purposes or powers and to
that end to purchase stock or securities thereof or
deposit money therewith, and to comply with any other
conditions of membership or credit.
(5) To make donations in reasonable amounts for the
public welfare or for charitable, scientific, religious,
or educational purposes.
(6) To adopt and operate reasonable insurance,
bonus, profit sharing, and retirement plans for officers
and employees and for directors including, but not
limited to, advisory, honorary, and emeritus directors,
who are not officers or employees.
(7) To reject any application for membership; to
retire deposit accounts by enforced retirement as
provided in this Act and the bylaws; and to limit the
issuance of, or payments on, deposit accounts, subject,
however, to contractual obligations.
(8) To purchase stock in service corporations and
to invest in any form of indebtedness of any service
corporation as defined in this Act, subject to
regulations of the Commissioner.
(9) To purchase stock of a corporation whose
principal purpose is to operate a safe deposit company or
escrow service company.
(10) To exercise all the powers necessary to
qualify as a trustee or custodian under federal or State
law, provided that the authority to accept and execute
trusts is subject to the provisions of the Corporate
Fiduciary Act and to the supervision of those activities
by the Commissioner of Banks and Real Estate.
(11) (Blank).
(12) To establish, maintain, and operate terminals
as authorized by the Electronic Fund Transfer Act. The
establishment, maintenance, operation, and location of
those terminals shall be subject to the approval of the
Commissioner.
(13) Pledge its assets:
(A) to enable it to act as agent for the sale
of obligations of the United States;
(B) to secure deposits;
(C) to secure deposits of money whenever
required by the National Bankruptcy Act;
(D) to qualify under Section 2-9 of the
Corporate Fiduciary Act; and
(E) to secure trust funds commingled with the
savings bank's funds, whether deposited by the
savings bank or an affiliate of the savings bank, as
required under Section 2-8 of the Corporate
Fiduciary Act.
(14) To accept for payment at a future date not to
exceed one year from the date of acceptance, drafts drawn
upon it by its customers; and to issue, advise, or
confirm letters of credit authorizing holders thereof to
draw drafts upon it or its correspondents.
(15) Subject to the regulations of the
Commissioner, to own and lease personal property acquired
by the savings bank at the request of a prospective
lessee and, upon the agreement of that person, to lease
the personal property.
(16) To establish temporary service booths at any
International Fair in this State that is approved by the
United States Department of Commerce for the duration of
the international fair for the purpose of providing a
convenient place for foreign trade customers to exchange
their home countries' currency into United States
currency or the converse. To provide temporary periodic
service to persons residing in a bona fide nursing home,
senior citizens' retirement home, or long-term care
facility. These powers shall not be construed as
establishing a new place or change of location for the
savings bank providing the service booth.
(17) To indemnify its officers, directors,
employees, and agents, as authorized for corporations
under Section 8.75 of the Business Corporations Act of
1983.
(18) To provide data processing services to others
on a for-profit basis.
(19) To utilize any electronic technology to
provide customers with home banking services.
(20) Subject to the regulations of the
Commissioner, to enter into an agreement to act as a
surety.
(21) Subject to the regulations of the
Commissioner, to issue credit cards, extend credit
therewith, and otherwise engage in or participate in
credit card operations.
(22) To purchase for its own account shares of
stock of a bankers' bank, described in Section 13(b)(1)
of the Illinois Banking Act, on the same terms and
conditions as a bank may purchase such shares. In no
event shall the total amount of such stock held by a
savings bank in such bankers' bank exceed 10% of its
capital and surplus (including undivided profits) and in
no event shall a savings bank acquire more than 5% of any
class of voting securities of such bankers' bank.
(23) With respect to affiliate facilities:
(A) to conduct at affiliate facilities any of
the following transactions for and on behalf of any
affiliated depository institution, if so authorized
by the affiliate or affiliates: receiving deposits;
renewing deposits; cashing and issuing checks,
drafts, money orders, travelers checks, or similar
instruments; changing money; receiving payments on
existing indebtedness; and conducting ministerial
functions with respect to loan applications,
servicing loans, and providing loan account
information; and
(B) to authorize an affiliated depository
institution to conduct for and on behalf of it, any
of the transactions listed in this subsection at one
or more affiliate facilities.
A savings bank intending to conduct or to authorize
an affiliated depository institution to conduct at an
affiliate facility any of the transactions specified in
this subsection shall give written notice to the
Commissioner at least 30 days before any such transaction
is conducted at an affiliate facility. All conduct under
this subsection shall be on terms consistent with safe
and sound banking practices and applicable law.
(24) (23) Subject to Article XLIV of the Illinois
Insurance Code, to act as the agent for any fire, life,
or other insurance company authorized by the State of
Illinois, by soliciting and selling insurance and
collecting premiums on policies issued by such company;
and may receive for services so rendered such fees or
commissions as may be agreed upon between the said
savings bank and the insurance company for which it may
act as agent; provided, however, that no such savings
bank shall in any case assume or guarantee the payment of
any premium on insurance policies issued through its
agency by its principal; and provided further, that the
savings bank shall not guarantee the truth of any
statement made by an assured in filing his application
for insurance.
(25) (23) To become a member of the Federal Home
Loan Bank Board and to have the powers granted to a
savings association organized under the Illinois Savings
and Loan Act of 1985 or the laws of the United States,
subject to regulations of the Commissioner.
(b) If this Act or the regulations adopted under this
Act fail to provide specific guidance in matters of corporate
governance, the provisions of the Business Corporation Act of
1983 may be used.
(Source: P.A. 89-74, eff. 6-30-95; 89-310, eff. 1-1-96;
89-317, eff. 8-11-95; 89-355, eff. 8-17-95; 89-508, eff.
7-3-96; 89-603, eff. 8-2-96; 89-626, eff. 8-9-96; 90-14, eff.
7-1-97; 90-41, eff. 10-1-97; 90-270, eff. 7-30-97; 90-301,
eff. 8-1-97; revised 10-21-97.)
Section 86. The Illinois Credit Union Act is amended by
changing Sections 13 and 58 as follows:
(205 ILCS 305/13) (from Ch. 17, par. 4414)
Sec. 13. General Powers. A credit union may:
(1) Make contracts; sue and be sued; adopt and use a
common seal and alter same;
(2) Acquire, lease (either as lessee or lessor), hold,
pledge, mortgage, sell and dispose of real property, either
in whole or in part, or any interest therein, as may be
necessary or is incidental to its present or future
operations and needs, subject to such limitations as may be
imposed thereon in rules and regulations promulgated by the
Director; acquire, lease (either as lessee or lessor), hold,
pledge, mortgage, sell and dispose of or personal property,
either in whole or in part, or any interest therein, as may
be necessary or is incidental to its present or future
operations and needs;
(3) At the discretion of the Board of Directors, require
the payment of an entrance fee or annual membership fee, or
both, of any person admitted to membership;
(4) Receive savings from its members in the form of
shares of various classes, or special purpose share accounts;
act as custodian of its members' accounts; issue shares in
trust as provided in this Act;
(5) Lend its funds to its members and otherwise as
hereinafter provided;
(6) Borrow from any source in accordance with policy
established by the Board of Directors to a maximum of 50% of
capital, surplus and reserves;
(7) Discount and sell any obligations owed to the credit
union;
(8) Honor requests for withdrawals or transfers of all
or any part of member share accounts, and any classes
thereof, in any manner approved by the credit union Board of
Directors;
(9) Sell all or substantially all of its assets or
purchase all or substantially all of the assets of another
credit union, subject to the prior approval of the Director;
(10) Invest surplus funds as provided in this Act;
(11) Make deposits in banks, savings banks, savings and
loan associations, trust companies; and invest in shares,
classes of shares or share certificates of other credit
unions;
(12) Assess charges and fees to members in accordance
with board resolution;
(13) Hold membership in and pay dues to associations and
organizations; to invest in shares, stocks or obligations of
any credit union organization;
(14) Declare dividends and pay interest refunds to
borrowers as provided in this Act;
(15) Collect, receive and disburse monies in connection
with providing negotiable checks, money orders and other
money-type instruments, and for such other purposes as may
provide benefit or convenience to its members, and charge a
reasonable fee for such services;
(16) Act as fiscal agent for and receive deposits from
the federal government, this state or any agency or political
subdivision thereof;
(17) Receive savings from nonmembers in the form of
shares or share accounts in the case of credit unions serving
predominantly low-income members. The term "low income
members" shall mean those members whose annual income falls
at or below the lower level standard of living classification
as established by the Bureau of Labor Statistics and updated
by the Employment and Training Administration of the U.S.
Department of Labor. The term "predominantly" is defined as a
simple majority;
(18) To establish, maintain, and operate terminals as
authorized by the Electronic Fund Transfer Act; and
(19) Subject to Article XLIV of the Illinois Insurance
Code, to act as the agent for any fire, life, or other
insurance company authorized by the State of Illinois, by
soliciting and selling insurance and collecting premiums on
policies issued by such company; and may receive for services
so rendered such fees or commissions as may be agreed upon
between the said credit union and the insurance company for
which it may act as agent; provided, however, that no such
credit union shall in any case assume or guarantee the
payment of any premium on insurance policies issued through
its agency by its principal; and provided further, that the
credit union shall not guarantee the truth of any statement
made by an assured in filing his application for insurance.
(Source: P.A. 89-310, eff. 1-1-96; 90-41, eff. 10-1-97;
revised 12-18-97.)
(205 ILCS 305/58) (from Ch. 17, par. 4459)
Sec. 58. Share insurance.
(1) Each credit union operating in this State shall
insure its share accounts with the NCUA, under 12 U.S.C. 1781
et. seq. (Sec. 201 et. seq. of the Federal Credit Union Act)
or with such other insurers as may be jointly approved by the
Director of Financial Institutions and the Director of
Insurance. Each approved insurer shall be found to be
financially sound and to employ approved actuarial practices.
The Director shall determine that a firm commitment to insure
share accounts has been issued before a charter may be
granted for a new credit union. Application for such
insurance by credit unions in existence on the effective date
of this Section shall be made not later than December 31,
1981 and such credit unions shall receive a commitment to
insure share accounts by December 31, 1984.
(2) A credit union which has been denied a commitment of
insurance of accounts shall either dissolve, merge with
another credit union, or apply in writing, within 30 days of
denial, to the Director for additional time to obtain an
insurance commitment. The Director may grant up to 24 months
additional time upon satisfactory evidence that the credit
union is making a substantial effort to achieve the
conditions precedent to issuance of the commitment.
(3) The Director shall cooperate with the NCUA or other
approved insurers by furnishing copies of financial and
examination reports and other information bearing on the
financial condition of any credit union.
(Source: P.A. 81-1526; revised 6-27-97.)
Section 87. The Pawnbroker Regulation Act is amended by
changing Section 5 as follows:
(205 ILCS 510/5) (from Ch. 17, par. 4655)
Sec. 5. Record requirements.
(a) Except in municipalities located in counties having
3,000,000 or more inhabitants, every pawn and loan broker
shall keep a standard record book that has been approved by
the sheriff of the county in which the pawnbroker does
business. printed, typed, or In municipalities in counties
with 3,000,000 or more inhabitants, the record book shall be
approved by the police department of the municipality in
which the pawn or loan broker does business. At the time of
each and every loan or taking of a pledge, an accurate
account and description, in the English language, of all the
goods, articles and other things pawned or pledged, the
amount of money, value or thing loaned thereon, the time of
pledging the same, the rate of interest to be paid on such
loan, and the name and residence of the person making such
pawn or pledge shall be printed, typed, or written in ink in
the record book. Such entry shall include the serial number
or identification number of items received which are required
to bear such number. Except for items purchased from dealers
possessing a federal employee identification number who have
provided a receipt to the pawnbroker, every pawnbroker shall
also record in his book, an accurate account and description,
in the English language, of all goods, articles and other
things purchased or received for the purpose of resale or
loan collateral by the pawnbroker from any source, not in the
course of a pledge or loan, the time of such purchase or
receipt and the name and address of the person or business
which sold or delivered such goods, articles, or other things
to the pawnbroker. No entry in such book shall be erased,
mutilated or changed.
(b) Every pawnbroker shall require 2 forms of
identification to be shown him by each person pledging or
pawning any goods, articles or other things to the
pawnbroker. One of the two forms of identification must
include his or her residence address. These forms of
identification shall include, but not be limited to, any of
the following: driver's license, social security card,
utility bill, employee or student identification card, credit
card, or a civic, union or professional association
membership card.
(c) A pawnbroker may maintain the records required by
subsection (a) in computer form if the computer form has been
approved by the Commissioner, the sheriff of the county in
which the shop is located, and the police department of the
municipality in which the shop is located.
(d) Records, including reports to the Commissioner,
maintained by pawnbrokers shall be confidential, and no
disclosure of pawnbroker records shall be made except
disclosures authorized by this Act or ordered by a court of
competent jurisdiction. No record transferred to a
governmental official shall be improperly disclosed, provided
that use of those records as evidence of a felony or
misdemeanor shall be a proper purpose.
(e) Pawnbrokers and their associations may lawfully give
appropriate governmental agencies computer equipment for the
purpose of transferring information pursuant to this Act.
(Source: P.A. 90-56, eff. 7-3-97; 90-477, eff. 7-1-98;
revised 11-24-97.)
Section 88. The Corporate Fiduciary Act is amended by
changing Sections 1-2, 1-6, and 6-10 and setting forth and
renumbering multiple versions of Section 2-12 as follows:
(205 ILCS 620/1-2) (from Ch. 17, par. 1551-2)
Sec. 1-2. Policy of Act. The General Assembly finds
that corporate fiduciaries perform a vital service in the
administration of trusts, guardianship, receiverships,
estates and other fiduciary capacities; that it is in the the
public interest that prior to accepting any fiduciary
appointment, a corporate fiduciary meet minimum
qualifications with respect to financial capacity as well as
managerial competence and integrity; that the operation of a
corporate fiduciary is impressed with a public interest such
that it should be supervised as an activity affecting the
general welfare of the people of the State of Illinois; and
that a corporate fiduciary should obtain its authority,
conduct its operations and be supervised as provided in this
Act.
(Source: P.A. 85-858; revised 6-27-97.)
(205 ILCS 620/1-6) (from Ch. 17, par. 1551-6)
Sec. 1-6. General Corporate Powers. A corporate
fiduciary shall have the powers:
(a) if it is a State bank, those powers granted
under Sections 3 and 5 of the Illinois Banking Act, as
now or hereafter amended; and
(b) if it is a State savings and loan association,
those powers granted under Sections 1-6 through 1-8 of
the Illinois Savings and Loan Act of 1985, as now or
hereafter amended; and
(c) if it is a corporation organized under the
Business Corporation Act of 1983, as now or hereafter
amended, or a limited liability company organized under
the Limited Liability Company Act, those powers granted
in Sections 4.01 through 4.24 of the Trusts and Trustees
Act, as now or hereafter amended, to the extent the
exercise of such powers by the corporate fiduciary are
not contrary to the instrument containing the appointment
of the corporate fiduciary, the court order appointing
the corporate fiduciary or any other statute specifically
limiting the power of the corporate fiduciary under the
circumstances; and
(d) subject to Article XLIV of the Illinois
Insurance Code, to act as the agent for any fire, life,
or other insurance company authorized by the State of
Illinois, by soliciting and selling insurance and
collecting premiums on policies issued by such company;
and may receive for services so rendered such fees or
commissions as may be agreed upon between the said
corporate fiduciary and the insurance company for which
it may act as agent; provided, however, that no such
corporate fiduciary shall in any case assume or guarantee
the payment of any premium on insurance policies issued
through its agency by its principal; and provided
further, that the corporate fiduciary shall not guarantee
the truth of any statement made by an assured in filing
his application for insurance.
The Commissioner may specify powers of corporate
fiduciaries generally or of a particular corporate fiduciary
and by rule or order limit or restrict such powers of
corporate fiduciaries or a particular corporate fiduciary if
he finds the exercise of such power by corporate fiduciaries
generally or of the corporate fiduciary in particular may
tend to be an unsafe or unsound practice, or if such power is
otherwise not in the interest of beneficiaries of any
fiduciary appointment.
(Source: P.A. 90-41, eff. 10-1-97; 90-424, eff. 1-1-98;
revised 11-4-97.)
(205 ILCS 620/2-12)
Sec. 2-12. Reproductions of documents. Notwithstanding
any other provision of law, if a corporate fiduciary
possesses, records, or creates any document, memorandum,
writing, entry, representation, or combination thereof, of
any act, transaction, occurrence, event, or agreement
(including, without limitation, a trust agreement or
amendment thereto, but excluding in all events an original
will or codicil thereto) and in the regular course of
business has caused any or all of the same to be recorded,
copied, or reproduced by photographic, photostatic,
facsimile, microfiche, optical, or electronic imaging, or any
other electronic or computer-generated process that
accurately reproduces or forms a medium for so reproducing
the original, the original may be destroyed in the regular
course of business and such recording, copy, or reproduction
shall be admissible in evidence in the same manner as the
original in any proceeding, whether the original is in
existence or not. This Section shall not be construed to
exclude from evidence any document or copy thereof that is
otherwise admissible under the rules of evidence.
(Source: P.A. 90-298, eff. 8-1-97.)
(205 ILCS 620/2-13)
Sec. 2-13. 2-12. Employment of persons with convictions.
Except with the prior written consent of the Commissioner, no
person having a certificate of authority under this Act shall
knowingly employ or otherwise permit an individual to serve
as an officer, director, employee, or agent if the individual
has been convicted of a felony or of any criminal offense
relating to dishonesty or breach of trust.
(Source: P.A. 90-301, eff. 8-1-97; revised 10-15-97.)
(205 ILCS 620/6-10) (from Ch. 17, par. 1556-10)
Sec. 6-10. The receiver for a corporate fiduciary, under
the direction of the Commissioner, shall have the power and
authority and is charged with the duties and responsibilities
as follows:
(1) To take possession of, and for the purpose of the
receivership, the title to the books, records and assets of
every description of the corporate fiduciary.
(2) To proceed to collect all debts, dues and claims
belonging to the corporate fiduciary.
(3) To file with the Commissioner a copy of each report
which he makes to the court, together with such other reports
and records as the Commissioner may require.
(4) The receiver shall have authority to sue and defend
in the receiver's own wn name and with respect to the
affairs, assets, claims, debts and chooses in action of the
corporate fiduciary.
(5) The receiver shall have authority, and it shall be
the receiver's duty, to surrender to the customers of such
corporate fiduciary, when requested in writing directed to
the receiver by such customers, the assets, private papers
and valuables left with the corporate fiduciary for
safekeeping, under a custodial or agency agreement, upon
satisfactory proof of ownership.
(6) As soon as can reasonably be done, the receiver
shall resign on behalf of the corporate fiduciary, all
trusteeships, guardianships, and all appointments as executor
and administrator, or as custodian under the Illinois Uniform
Transfers to Minors Act, as now or hereafter amended, or as
fiduciary under custodial or agency agreements or under the
terms of any other written agreement or court order
whereunder the corporate fiduciary is holding property in a
fiduciary capacity for the benefit of another person, making
in each case, from the records and documents available to the
receiver, a proper accounting, in the manner and scope as
determined by the Commissioner to be practical and advisable
under the circumstances, on behalf of the corporate
fiduciary. The receiver, prior to resigning, shall cause a
successor trustee or fiduciary to be appointed pursuant to
the terms set forth in the governing instrument or pursuant
to the provisions of the Trusts and Trustees Act, as now or
hereafter amended, if applicable, then the receiver shall
make application to the court having jurisdiction over the
liquidation or winding up of the corporate fiduciary, for the
appointment of a successor. The receiver, if a corporate
fiduciary, shall not be disqualified from acting as successor
trustee or fiduciary if appointed under the terms of the
governing instrument, by court order or by the customer of
the corporate fiduciary whose affairs are being liquidated or
wound up and, in such case, no guardian ad litem need be
appointed to review the accounting of the receiver unless the
beneficiaries or customers of the corporate fiduciary so
request in writing.
(7) The receiver shall have authority to redeem or take
down collateral hypothecated by the corporate fiduciary to
secure its notes and other evidence of indebtedness whenever
the Commissioner deems it to be in the best interest of the
creditors of the corporate fiduciary and directs the receiver
so to do.
(8) Whenever the receiver shall find it necessary in the
receiver's opinion to use and employ money of the corporate
fiduciary, in order to protect fully and benefit the
corporate fiduciary, by the purchase or redemption of any
property, real or personal, in which the corporate fiduciary
may have any rights by reason of any bond, mortgage,
assignment, or other claim thereto, the receiver may certify
the facts together with the receiver's opinions as to the
value of the property involved, and the value of the equity
the corporate fiduciary may have in the property to the
Commissioner, together with a request for the right and
authority to use and employ so much of the money of the
corporate fiduciary as may be necessary to purchase the
property, or to redeem the same from a sale if there was a
sale, and if such request is granted, the receiver may use so
much of the money of the corporate fiduciary as the
Commissioner may have authorized to purchase said property at
such sale.
(9) The receiver shall deposit daily all monies
collected by the receiver in any State or national bank
selected by the Commissioner, who may require (and the bank
so selected may furnish) of such depository satisfactory
securities or satisfactory surety bond for the safekeeping
and prompt payment of the money so deposited. The deposits
shall be made in the name of the Commissioner in trust for
the receiver and be subject to withdrawal upon the receiver's
order or upon the order of such persons as the Commissioner
may designate. Such monies may be deposited without
interest, unless otherwise agreed. However, if any interest
was paid by such depository, it shall accrue to the benefit
of the particular trust or fiduciary account to which the
deposit belongs. Except as otherwise directed by the
Commissioner, notwithstanding any other provision of this
paragraph, the receiver's investment and other powers shall
be those under the governing instrument or under the Trusts
and Trustees Act, as now or hereafter amended, and shall
include the power to pay out income and principal in
accordance with the terms of the governing instrument.
(10) The receiver shall do such things and take such
steps from time to time under the direction and approval of
the Commissioner as may reasonably appear to be necessary to
conserve the corporate fiduciary's assets and secure the best
interests of the creditors of the corporate fiduciary.
(11) The receiver shall record any judgment of
dissolution entered in a dissolution proceeding and thereupon
turn over to the Commissioner a certified copy thereof,
together with all books of accounts and ledgers of such
corporate fiduciary for preservation, as distinguished from
the books of accounts and ledgers of the corporate fiduciary
relating to the assets of the beneficiaries of such fiduciary
relations, all of which books of accounts and ledgers shall
be turned over by the receiver to the successor trustee or
fiduciary.
(12) The receiver may cause all assets of the
beneficiaries of such fiduciary relations to be registered in
the name of the receiver or in the name of the receiver's
nominee.
(13) The receiver shall have a reasonable period of time
in which to review all of the trust accounts, executorships,
administrationships, guardianships, or other fiduciary
relationships, in order to ascertain that the investments by
the corporate fiduciary of the assets of such trust accounts,
executorships, administrationships, guardianships or other
fiduciary relationships comply with the terms of the
governing instrument, the prudent person rule governing the
investment of such funds, or any other law regulating the
investment of such funds.
(14) For its services in administering the trusts and
other fiduciary accounts of the corporate fiduciary during
the period of winding up the affairs of the corporate
fiduciary, the receiver shall be entitled to be reimbursed
for all costs and expenses incurred by the receiver and shall
also be entitled to receive out of the assets of the
individual fiduciary accounts being administered by the
receiver during the period of winding up the affairs of the
corporate fiduciary and prior to the appointment of a
successor trustee or fiduciary, the usual and customary fees
charged by the receiver in the administration of its own
fiduciary accounts or reasonable fees approved by the
Commissioner.
(15) The receiver, during its administration of the
trusts and other fiduciary accounts of the corporate
fiduciary during the winding up of the affairs of the
corporate fiduciary, shall have all of the powers which are
vested in trustees under the terms and provisions of the
Trusts and Trustees Act, as now or hereafter amended.
(16) Upon the appointment of a successor trustee or
fiduciary, the receiver shall deliver to such successor
trustee or fiduciary all of the assets belonging to the
individual trust or fiduciary account as to which the
successor trustee or fiduciary succeeds, and the receiver
shall thereupon be relieved of any further duties or
obligations with respect thereto.
(Source: P.A. 86-754; revised 6-27-97.)
Section 89. The Foreign Banking Office Act is amended by
setting forth and renumbering multiple versions of Section 20
as follows:
(205 ILCS 645/20)
Sec. 20. Administrative liens for past-due child
support. Any foreign banking corporation governed by this
Act shall encumber or surrender accounts or assets held by
the foreign banking corporation on behalf of any responsible
relative who is subject to a child support lien, upon notice
of the lien or levy of the Illinois Department of Public Aid
or its successor agency pursuant to Section 10-25.5 of the
Illinois Public Aid Code, or upon notice of interstate lien
from any other state's agency responsible for implementing
the child support enforcement program set forth in Title IV,
Part D of the Social Security Act.
(Source: P.A. 90-18, eff. 7-1-97.)
(205 ILCS 645/21)
Sec. 21. 20. Reliance on Commissioner. No foreign
banking corporation or other person shall be liable under
this Act for any act done or omitted in good faith in
conformity with any rule, interpretation, or opinion issued
by the Commissioner of Banks and Real Estate, notwithstanding
that after the act or omission has occurred, the rule,
opinion, or interpretation upon which reliance is placed is
amended, rescinded, or determined by judicial or other
authority to be invalid for any reason.
(Source: P.A. 90-161, eff. 7-23-97; revised 10-7-97.)
Section 90. The Foreign Bank Representative Office Act
is amended by setting forth and renumbering multiple versions
of Section 7 as follows:
(205 ILCS 650/7)
Sec. 7. Reliance on Commissioner. No foreign bank or
other person shall be liable under this Act for any act done
or omitted in good faith in conformity with any rule,
interpretation, or opinion issued by the Commissioner of
Banks and Real Estate, notwithstanding that after the act or
omission has occurred, the rule, opinion, or interpretation
upon which reliance is placed is amended, rescinded, or
determined by judicial or other authority to be invalid for
any reason.
(Source: P.A. 90-161, eff. 7-23-97.)
(205 ILCS 650/8)
Sec. 8. 7. Powers of the Commissioner. The Commissioner
shall have under this Act all of the powers granted to him
under the Illinois Banking Act to the extent necessary to
enable the Commissioner to supervise the representative
office of a foreign bank holding a license.
(Source: P.A. 90-301, eff. 8-1-97; revised 10-7-97.)
Section 91. The Check Printer and Check Number Act is
amended by changing Section 30 as follows:
(205 ILCS 690/30)
Sec. 30. Civil action. When the Commissioner believes a
person has violated, is violating, or will violate this Act
or a rule prescribed under this Act, the Commissioner may
request the Attorney General to bring a civil action in
circuit court to enjoin the violation or enforce compliance
with this Act or a rule prescribed under this Act. A person
not complying with an injunction issued under this Section is
liable to the State of Illinois in a civil suit for an amount
of not more than $10,000.
(Source: P.A. 90-184, eff. 7-23-97; revised 11-14-97.)
Section 92. The Alternative Health Care Delivery Act is
amended by changing Section 25 as follows:
(210 ILCS 3/25)
Sec. 25. Department responsibilities. The Department
shall have the responsibilities set forth in this Section.
(a) The Department shall adopt rules for each
alternative health care model authorized under this Act that
shall include but not be limited to the following:
(1) Further definition of the alternative health
care models.
(2) The definition and scope of the demonstration
program, including the implementation date and period of
operation, not to exceed 5 years.
(3) License application information required by the
Department.
(4) The care of patients in the alternative health
care models.
(5) Rights afforded to patients of the alternative
health care models.
(6) Physical plant requirements.
(7) License application and renewal fees, which may
cover the cost of administering the demonstration
program.
(8) Information that may be necessary for the Board
and the Department to monitor and evaluate the
alternative health care model demonstration program.
(9) Administrative fines that may be assessed by
the Department for violations of this Act or the rules
adopted under this Act.
(b) The Department shall issue, renew, deny, suspend, or
revoke licenses for alternative health care models.
(c) The Department shall perform licensure inspections
of alternative health care models as deemed necessary by the
Department to ensure compliance with this Act or rules.
(d) The Department shall deposit application fees,
renewal fees, and fines into the Regulatory Evaluation and
Basic Enforcement Fund.
(e) (d) The Department shall assist the Board in
performing the Board's responsibilities under this Act.
(Source: P.A. 87-1188; revised 12-18-97.)
Section 93. The Illinois Clinical Laboratory and Blood
Bank Act is amended by changing Section 7-101 as follows:
(210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
Sec. 7-101. Examination of specimens. A clinical
laboratory shall examine specimens only at the request of (i)
a licensed physician, (ii) a licensed dentist, (iii) a
licensed podiatrist, (iv) a therapeutic optometrist for
diagnostic or therapeutic purposes related to the use of
diagnostic topical or therapeutic ocular pharmaceutical
agents, as defined in subsections (c) and (d) of Section 15.1
of the Illinois Optometric Practice Act of 1987, (v) a
licensed physician assistant in accordance with the written
guidelines required under subdivision (3) of Section 4 and
under Section 7.5 of the Physician Assistant Practice Act of
1987, or (vi) an authorized law enforcement agency or, in the
case of blood alcohol, at the request of the individual for
whom the test is to be performed in compliance with Sections
11-501 and 11-501.1 of the Illinois Vehicle Code. If the
request to a laboratory is oral, the physician or other
authorized person shall submit a written request to the
laboratory within 48 hours. If the laboratory does not
receive the written request within that period, it shall note
that fact in its records.
(Source: P.A. 90-116, eff. 7-14-97; 90-322, eff. 1-1-98;
revised 10-23-97.)
Section 94. The Abused and Neglected Long Term Care
Facility Residents Reporting Act is amended by changing
Section 6.2 as follows:
(210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
(Section scheduled to be repealed on January 1, 2000)
Sec. 6.2. Inspector General.
(a) The Governor shall appoint, and the Senate shall
confirm, an Inspector General who shall function within the
Department of Human Services and report to the Secretary of
Human Services and the Governor. The Inspector General shall
investigate reports of suspected abuse or neglect (as those
terms are defined in Section 3 of this Act) of patients or
residents in any mental health or developmental disabilities
facility operated by the Department of Human Services and
shall have authority to investigate and take immediate action
on reports of abuse or neglect of recipients, whether
patients or residents, in any mental health or developmental
disabilities facility or program that is licensed or
certified by the Department of Human Services (as successor
to the Department of Mental Health and Developmental
Disabilities) or that is funded by the Department of Human
Services (as successor to the Department of Mental Health and
Developmental Disabilities) and is not licensed or certified
by any agency of the State. At the specific, written request
of an agency of the State other than the Department of Human
Services (as successor to the Department of Mental Health and
Developmental Disabilities), the Inspector General may
cooperate in investigating reports of abuse and neglect of
persons with mental illness or persons with developmental
disabilities. The Inspector General shall have no
supervision over or involvement in routine, programmatic,
licensure, or certification operations of the Department of
Human Services or any of its funded agencies.
The Inspector General shall promulgate rules establishing
minimum requirements for reporting allegations of abuse and
neglect and initiating, conducting, and completing
investigations. The promulgated rules shall clearly set
forth that in instances where 2 or more State agencies could
investigate an allegation of abuse or neglect, the Inspector
General shall not conduct an investigation that is redundant
to an investigation conducted by another State agency. The
rules shall establish criteria for determining, based upon
the nature of the allegation, the appropriate method of
investigation, which may include, but need not be limited to,
site visits, telephone contacts, or requests for written
responses from agencies. The rules shall also clarify how
the Office of the Inspector General shall interact with the
licensing unit of the Department of Human Services in
investigations of allegations of abuse or neglect. Any
allegations or investigations of reports made pursuant to
this Act shall remain confidential until a final report is
completed. The resident or patient who allegedly was abused
or neglected and his or her legal guardian shall be informed
by the facility or agency of the report of alleged abuse or
neglect. Final reports regarding unsubstantiated or unfounded
allegations shall remain confidential, except that final
reports may be disclosed pursuant to Section 6 of this Act.
The Inspector General shall be appointed for a term of 4
years.
(b) The Inspector General shall within 24 hours after
receiving a report of suspected abuse or neglect determine
whether the evidence indicates that any possible criminal act
has been committed. If he determines that a possible criminal
act has been committed, or that special expertise is required
in the investigation, he shall immediately notify the
Department of State Police. The Department of State Police
shall investigate any report indicating a possible murder,
rape, or other felony. All investigations conducted by the
Inspector General shall be conducted in a manner designed to
ensure the preservation of evidence for possible use in a
criminal prosecution.
(b-5) The Inspector General shall make a determination
to accept or reject a preliminary report of the investigation
of alleged abuse or neglect based on established
investigative procedures. The facility or agency may request
clarification or reconsideration based on additional
information. For cases where the allegation of abuse or
neglect is substantiated, the Inspector General shall require
the facility or agency to submit a written response. The
written response from a facility or agency shall address in a
concise and reasoned manner the actions that the agency or
facility will take or has taken to protect the resident or
patient from abuse or neglect, prevent reoccurrences, and
eliminate problems identified and shall include
implementation and completion dates for all such action.
(c) The Inspector General shall, within 10 calendar days
after the transmittal date of a completed investigation where
abuse or neglect is substantiated or administrative action is
recommended, provide a complete report on the case to the
Secretary of Human Services and to the agency in which the
abuse or neglect is alleged to have happened. The complete
report shall include a written response from the agency or
facility operated by the State to the Inspector General that
addresses in a concise and reasoned manner the actions that
the agency or facility will take or has taken to protect the
resident or patient from abuse or neglect, prevent
reoccurrences, and eliminate problems identified and shall
include implementation and completion dates for all such
action. The Secretary of Human Services shall accept or
reject the response and establish how the Department will
determine whether the facility or program followed the
approved response. The Secretary may require Department
personnel to visit the facility or agency for training,
technical assistance, programmatic, licensure, or
certification purposes. Administrative action, including
sanctions, may be applied should the Secretary reject the
response or should the facility or agency fail to follow the
approved response. The facility or agency shall inform the
resident or patient and the legal guardian whether the
reported allegation was substantiated, unsubstantiated, or
unfounded. There shall be an appeals process for any person
or agency that is subject to any action based on a
recommendation or recommendations.
(d) The Inspector General may recommend to the
Departments of Public Health and Human Services sanctions to
be imposed against mental health and developmental
disabilities facilities under the jurisdiction of the
Department of Human Services for the protection of residents,
including appointment of on-site monitors or receivers,
transfer or relocation of residents, and closure of units.
The Inspector General may seek the assistance of the Attorney
General or any of the several State's attorneys in imposing
such sanctions.
(e) The Inspector General shall establish and conduct
periodic training programs for Department employees
concerning the prevention and reporting of neglect and abuse.
(f) The Inspector General shall at all times be granted
access to any mental health or developmental disabilities
facility operated by the Department, shall establish and
conduct unannounced site visits to those facilities at least
once annually, and shall be granted access, for the purpose
of investigating a report of abuse or neglect, to any
facility or program funded by the Department that is subject
under the provisions of this Section to investigation by the
Inspector General for a report of abuse or neglect.
(g) Nothing in this Section shall limit investigations
by the Department of Human Services that may otherwise be
required by law or that may be necessary in that Department's
capacity as the central administrative authority responsible
for the operation of State mental health and developmental
disability facilities.
(h) This Section is repealed on January 1, 2000.
(Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97;
90-252, eff. 7-29-97; 90-512, eff. 8-22-97; revised
11-14-97.)
Section 95. The Nursing Home Care Act is amended by
changing Section 3-508 as follows:
(210 ILCS 45/3-508) (from Ch. 111 1/2, par. 4153-508)
Sec. 3-508. A receiver appointed under this Act:
(a) Shall exercise those powers and shall perform those
duties set out by the court;
(b) Shall operate the facility in such a manner as to
assure safety and adequate health care for the residents;
(c) Shall have the same rights to possession of the
building in which the facility is located and of all goods
and fixtures in the building at the time the petition for
receivership is filed as the owner would have had if the
receiver had not been appointed, and of all assets of the
facility. The receiver shall take such action as is
reasonably necessary to protect or conserve the assets or
property of which the receiver takes possession, or the
proceeds from any transfer thereof, and may use them only in
the performance of the powers and duties set forth in this
Section and by order of the court;
(d) May use the building, fixtures, furnishings and any
accompanying consumable goods in the provision of care and
services to residents and to any other persons receiving
services from the facility at the time the petition for
receivership was filed. The receiver shall collect payments
for all goods and services provided to residents or others
during the period of the receivership at the same rate of
payment charged by the owners at the time the petition for
receivership was filed;
(e) May correct or eliminate any deficiency in the
structure or furnishings of the facility which endangers the
safety or health of residents while they remain in the
facility, provided the total cost of correction does not
exceed $3,000. The court may order expenditures for this
purpose in excess of $3,000 on application from the receiver
after notice to the owner and hearing;
(f) May let contracts and hire agents and employees to
carry out the powers and duties of the receiver under this
Section;
(g) Except as specified in Section 3-510, shall honor
all leases, mortgages and secured transactions governing the
building in which the facility is located and all goods and
fixtures in the building of which the receiver has taken
possession, but only to the extent of payments which, in the
case of a rental agreement, are for the use of the property
during the period of the receivership, or which, in the case
of a purchase agreement, come due during the period of the
receivership.
(h) Shall have full power to direct and manage and to
discharge employees of the facility, subject to any contract
rights they may have. The receiver shall pay employees at
the same rate of compensation, including benefits, that the
employees would have received from the owner. Receivership
does not relieve the owner of any obligation to employees
not carried out by the receiver;
(i) Shall, if any resident is transferred or discharged,
follow the procedures set forth in Part 4 of this Article.
(j) Shall be entitled to and shall take possession of
all property or assets of residents which are in the
possession of a facility or its an owner. The receiver shall
preserve all property, assets and records of residents of
which the receiver takes possession and shall provide for the
prompt transfer of the property, assets and records to the
new placement of any transferred resident.
(k) Shall report to the court on any actions he has
taken to bring the facility into compliance with this Act or
with Title 18 or 19 of the Social Security Act that he
believes should be continued when the receivership is
terminated in order to protect the health, safety or welfare
of the residents.
(Source: P.A. 87-549; revised 12-18-97.)
Section 96. The Emergency Medical Services (EMS) Systems
Act is amended by changing Sections 3.200 and 3.205 as
follows:
(210 ILCS 50/3.200)
Sec. 3.200. State Emergency Medical Services Advisory
Council.
(a) There shall be established within the Department of
Public Health a State Emergency Medical Services Advisory
Council, which shall serve as an advisory body to the
Department on matters related to this Act.
(b) Membership of the Council shall include one
representative from each EMS Region, to be appointed by each
region's EMS Regional Advisory Committee. The Governor shall
appoint additional members to the Council as necessary to
insure that the Council includes one representative from each
of the following categories:
(1) EMS Medical Director,
(2) Trauma Center Medical Director,
(3) Licensed, practicing physician with regular and
frequent involvement in the provision of emergency care,
(4) Licensed, practicing physician with special
expertise in the surgical care of the trauma patient,
(5) EMS System Coordinator,
(6) TNS,
(7) EMT-P,
(8) EMT-I,
(9) EMT-B,
(10) Private vehicle service provider,
(11) Law enforcement officer,
(12) Chief of a public vehicle service provider,
(13) Statewide firefighters' union member
affiliated with a vehicle service provider,
(14) Administrative representative from a fire
department vehicle service provider in a municipality
with a population of over 2 million people;
(15) Administrative representative from a Resource
Hospital or EMS System Administrative Director.
(c) Of the members first appointed, 5 members shall be
appointed for a term of one year, 5 members shall be
appointed for a term of 2 years, and the remaining members
shall be appointed for a term of 3 years. The terms of
subsequent appointees shall be 3 years. All appointees shall
serve until their successors are appointed and qualified.
(d) The Council shall be provided a 90-day period in
which to review and comment upon all rules proposed by the
Department pursuant to this Act, except for rules adopted
pursuant to Section 3.190(a) of this Act, rules submitted to
the State Trauma Advisory Council and emergency rules adopted
pursuant to Section 5-45 5.02 of the Illinois Administrative
Procedure Act. The 90-day review and comment period may
commence upon the Department's submission of the proposed
rules to the individual Council members, if the Council is
not meeting at the time the proposed rules are ready for
Council review. Any non-emergency rules adopted prior to the
Council's 90-day review and comment period shall be null and
void. If the Council fails to advise the Department within
its 90-day review and comment period, the rule shall be
considered acted upon.
(e) Council members shall be reimbursed for reasonable
travel expenses incurred during the performance of their
duties under this Section.
(f) The Department shall provide administrative support
to the Council for the preparation of the agenda and minutes
for Council meetings and distribution of proposed rules to
Council members.
(g) The Council shall act pursuant to bylaws which it
adopts, which shall include the annual election of a Chair
and Vice-Chair.
(h) The Director or his designee shall be present at all
Council meetings.
(i) Nothing in this Section shall preclude the Council
from reviewing and commenting on proposed rules which fall
under the purview of the State Trauma Advisory Council.
(Source: P.A. 89-177, eff. 7-19-95; revised 12-18-97.)
(210 ILCS 50/3.205)
Sec. 3.205. State Trauma Advisory Council.
(a) There shall be established within the Department of
Public Health a State Trauma Advisory Council, which shall
serve as an advisory body to the Department on matters
related to trauma care and trauma centers.
(b) Membership of the Council shall include one
representative from each Regional Trauma Advisory Committee,
to be appointed by each Committee. The Governor shall
appoint the following additional members:
(1) An EMS Medical Director,
(2) A trauma center medical director,
(3) A trauma surgeon,
(4) A trauma nurse coordinator,
(5) A representative from a private vehicle service
provider,
(6) A representative from a public vehicle service
provider,
(7) A member of the State EMS Advisory Council.
(c) Of the members first appointed, 5 members shall be
appointed for a term of one year, 5 members shall be
appointed for a term of 2 years, and the remaining members
shall be appointed for a term of 3 years. The terms of
subsequent appointees shall be 3 years. All appointees shall
serve until their successors are appointed and qualified.
(d) The Council shall be provided a 90-day period in
which to review and comment upon all rules proposed by the
Department pursuant to this Act concerning trauma care,
except for emergency rules adopted pursuant to Section 5-45
5.02 of the Illinois Administrative Procedure Act. The
90-day review and comment period may commence upon the
Department's submission of the proposed rules to the
individual Council members, if the Council is not meeting at
the time the proposed rules are ready for Council review.
Any non-emergency rules adopted prior to the Council's 90-day
review and comment period shall be null and void. If the
Council fails to advise the Department within its 90-day
review and comment period, the rule shall be considered acted
upon;
(e) Council members shall be reimbursed for reasonable
travel expenses incurred during the performance of their
duties under this Section.
(f) The Department shall provide administrative support
to the Council for the preparation of the agenda and minutes
for Council meetings and distribution of proposed rules to
Council members.
(g) The Council shall act pursuant to bylaws which it
adopts, which shall include the annual election of a Chair
and Vice-Chair.
(h) The Director or his designee shall be present at all
Council meetings.
(i) Nothing in this Section shall preclude the Council
from reviewing and commenting on proposed rules which fall
under the purview of the State EMS Advisory Council.
(Source: P.A. 89-177, eff. 7-19-95; revised 12-18-97.)
Section 97. The Supportive Residences Licensing Act is
amended by changing Section 55 as follows:
(210 ILCS 65/55) (from Ch. 111 1/2, par. 9055)
Sec. 55. Right to hearing.
(a) No license may be denied or revoked unless the
applicant or licensee is given written notice of the grounds
for the Department's action. The applicant or licensee may
appeal the Department's proposed action within 15 days after
receipt of the Department's written notice by making a
request to the Department for a hearing. Notice of the time,
place, and nature of the hearing shall be given to the
applicant or licensee not less than 2 weeks before the date
of the hearing. The hearing shall be conducted in accordance
with the Illinois Administrative Procedure Act. The Director
may appoint a hearing officer to preside at any
administrative hearing under this Act.
(b) If the applicant or licensee does not submit a
request for hearing as provided for in this Section, or if
after conducting the hearing the Department determines that
the license should not be issued or that the license should
be revoked or denied, the Department shall issue an order to
that effect. If the order is to revoke the license, it shall
specify that the order takes effect upon receipt by the
licensee and that the Supportive Residence shall not operate
during the pendency of any proceeding for judicial review of
the Department's decision, except under court order.
(c) Final administrative decisions shall be subject to
judicial review exclusively as provided in the Administrative
Review Law, except that any petition for judicial review of
Department action under this Act shall be filed within 15
days after receipt of notice of the final agency
determination. The term "administrative decision" has the
meaning ascribed to it in Section 3-101 1 of the
Administrative Review Law. The court may stay enforcement of
the Department's final decision if a showing is made that
there is a substantial probability that the party seeking
review will prevail on the merits and will suffer irreparable
harm if the stay is not granted, and that the facility will
meet the requirements of this Act and its rules and
regulations during such stay.
(d) The Director or hearing officer may compel by
subpoena or subpoena duces tecum the attendance and testimony
of witnesses and the production of books and papers, and
administer oaths to witnesses. All subpoenas issued by the
Director or hearing officer may be served as provided for in
civil actions. The fees of witnesses for attendance and
travel shall be the same as the fees for witnesses before the
circuit court and shall be paid by the party to the
proceeding at whose request the subpoena is issued. If the
subpoena is issued at the request of the Department or by a
person proceeding in forma pauperis, the witness fee shall be
paid by the Department as an administrative expense.
(e) The Department may charge any party to a hearing or
other person requesting copies of records or other documents
for a hearing the actual cost of reproducing those records or
other documents.
(Source: P.A. 87-840; revised 12-18-97.)
Section 98. The Hospital Licensing Act is amended by
changing Section 10.4 as follows:
(210 ILCS 85/10.4) (from Ch. 111 1/2, par. 151.4)
Sec. 10.4. Medical staff privileges.
(a) Any hospital licensed under this Act or any hospital
organized under the University of Illinois Hospital Act
shall, prior to the granting of any medical staff privileges
to an applicant, or renewing a current medical staff member's
privileges, request of the Director of Professional
Regulation information concerning the licensure status and
any disciplinary action taken against the applicant's or
medical staff member's license, except for medical personnel
who enter a hospital to obtain organs and tissues for
transplant from a deceased donor in accordance with the
Uniform Anatomical Gift Act. The Director of Professional
Regulation shall transmit, in writing and in a timely
fashion, such information regarding the license of the
applicant or the medical staff member, including the record
of imposition of any periods of supervision or monitoring as
a result of alcohol or substance abuse, as provided by
Section 23 of the Medical Practice Act of 1987, and such
information as may have been submitted to the Department
indicating that the application or medical staff member has
been denied, or has surrendered, medical staff privileges at
a hospital licensed under this Act, or any equivalent
facility in another state or territory of the United States.
The Director of Professional Regulation shall define by rule
the period for timely response to such requests.
No transmittal of information by the Director of
Professional Regulation, under this Section shall be to other
than the president, chief operating officer, chief
administrative officer, or chief of the medical staff of a
hospital licensed under this Act, a hospital organized under
the University of Illinois Hospital Act, or a hospital
operated by the United States, or any of its
instrumentalities. The information so transmitted shall be
afforded the same status as is information concerning medical
studies by Part 21 of Article VIII of the Code of Civil
Procedure, as now or hereafter amended.
(b) All hospitals licensed under this Act, except county
hospitals as defined in subsection (c) of Section 15-1 of the
Illinois Public Aid Code, shall comply with, and the medical
staff bylaws of these hospitals shall include rules
consistent with, the provisions of this Section in granting,
limiting, renewing, or denying medical staff membership and
clinical staff privileges.
(1) Minimum procedures for initial applicants for
medical staff membership shall include the following:
(A) Written procedures relating to the
acceptance and processing of initial applicants for
medical staff membership.
(B) Written procedures to be followed in
determining an applicant's qualifications for being
granted medical staff membership and privileges.
(C) Written criteria to be followed in
evaluating an applicant's qualifications.
(D) An evaluation of an applicant's current
health status and current license status in
Illinois.
(E) A written response to each applicant that
explains the reason or reasons for any adverse
decision (including all reasons based in whole or in
part on the applicant's medical qualifications or
any other basis, including economic factors).
(2) Minimum procedures with respect to medical
staff and clinical privilege determinations concerning
current members of the medical staff shall include the
following:
(A) A written notice of an adverse decision by
the hospital governing board.
(B) An explanation of the reasons for an
adverse decision including all reasons based on the
quality of medical care or any other basis,
including economic factors.
(C) A statement of the medical staff member's
right to request a fair hearing on the adverse
decision before a hearing panel whose membership is
mutually agreed upon by the medical staff and the
hospital governing board. The hearing panel shall
have independent authority to recommend action to
the hospital governing board. Upon the request of
the medical staff member or the hospital governing
board, the hearing panel shall make findings
concerning the nature of each basis for any adverse
decision recommended to and accepted by the hospital
governing board.
(i) Nothing in this subparagraph (C)
limits a hospital's or medical staff's right to
summarily suspend, without a prior hearing, a
person's medical staff membership or clinical
privileges if the continuation of practice of a
medical staff member constitutes an immediate
danger to the public, including patients,
visitors, and hospital employees and staff. A
fair hearing shall be commenced within 15 days
after the suspension and completed without
delay.
(ii) Nothing in this subparagraph (C)
limits a medical staff's right to permit, in
the medical staff bylaws, summary suspension of
membership or clinical privileges in designated
administrative circumstances as specifically
approved by the medical staff. This bylaw
provision must specifically describe both the
administrative circumstance that can result in
a summary suspension and the length of the
summary suspension. The opportunity for a fair
hearing is required for any administrative
summary suspension. Any requested hearing must
be commenced within 15 days after the summary
suspension and completed without delay. Adverse
decisions other than suspension or other
restrictions on the treatment or admission of
patients may be imposed summarily and without a
hearing under designated administrative
circumstances as specifically provided for in
the medical staff bylaws as approved by the
medical staff.
(iii) If a hospital exercises its option
to enter into an exclusive contract and that
contract results in the total or partial
termination or reduction of medical staff
membership or clinical privileges of a current
medical staff member, the hospital shall
provide the affected medical staff member 60
days prior notice of the effect on his or her
medical staff membership or privileges. An
affected medical staff member desiring a
hearing under subparagraph (C) of this
paragraph (2) must request the hearing within
14 days after the date he or she is so
notified. The requested hearing shall be
commenced and completed (with a report and
recommendation to the affected medical staff
member, hospital governing board, and medical
staff) within 30 days after the date of the
medical staff member's request. If agreed upon
by both the medical staff and the hospital
governing board, the medical staff bylaws may
provide for longer time periods.
(D) A statement of the member's right to
inspect all pertinent information in the hospital's
possession with respect to the decision.
(E) A statement of the member's right to
present witnesses and other evidence at the hearing
on the decision.
(F) A written notice and written explanation
of the decision resulting from the hearing.
(G) Notice given 15 days before implementation
of an adverse medical staff membership or clinical
privileges decision based substantially on economic
factors. This notice shall be given after the
medical staff member exhausts all applicable
procedures under this Section, including item (iii)
of subparagraph (C) of this paragraph (2), and under
the medical staff bylaws in order to allow
sufficient time for the orderly provision of patient
care.
(H) Nothing in this paragraph (2) of this
subsection (b) limits a medical staff member's right
to waive, in writing, the rights provided in
subparagraphs (A) through (G) of this paragraph (2)
of this subsection (b) upon being granted the
written exclusive right to provide particular
services at a hospital, either individually or as a
member of a group. If an exclusive contract is
signed by a representative of a group of physicians,
a waiver contained in the contract shall apply to
all members of the group unless stated otherwise in
the contract.
(3) Every adverse medical staff membership and
clinical privilege decision based substantially on
economic factors shall be reported to the Hospital
Licensing Board before the decision takes effect. These
reports shall not be disclosed in any form that reveals
the identity of any hospital or physician. These reports
shall be utilized to study the effects that hospital
medical staff membership and clinical privilege decisions
based upon economic factors have on access to care and
the availability of physician services. The Hospital
Licensing Board shall submit an initial study to the
Governor and the General Assembly by January 1, 1996, and
subsequent reports shall be submitted periodically
thereafter.
(4) As used in this Section:
"Adverse decision" means a decision reducing,
restricting, suspending, revoking, denying, or not
renewing medical staff membership or clinical privileges.
"Economic factor" means any information or reasons
for decisions unrelated to quality of care or
professional competency.
"Privilege" means permission to provide medical or
other patient care services and permission to use
hospital resources, including equipment, facilities and
personnel that are necessary to effectively provide
medical or other patient care services. This definition
shall not be construed to require a hospital to acquire
additional equipment, facilities, or personnel to
accommodate the granting of privileges.
(Source: P.A. 90-14, eff. 7-1-97; 90-149, eff. 1-1-98;
revised 11-14-97.)
Section 99. The Language Assistance Services Act is
amended by changing Section 15 as follows:
(210 ILCS 87/15)
Sec. 15. Language assistance services authorized. To
insure access to health care information and services for
limited-English-speaking or non-English-speaking residents
and deaf residents, a health facility may do one or more of
the following:
(1) Review existing policies regarding interpreters for
patients with limited English proficiency and for patients
who are deaf, including the availability of staff to act as
interpreters.
(2) Adopt and review annually a policy for providing
language assistance services to patients with language or
communication barriers. The policy shall include procedures
for providing, to the extent possible as determined by the
facility, the use of an interpreter whenever a language or
communication barrier exists, except where the patient, after
being informed of the availability of the interpreter
service, chooses to use a family member or friend who
volunteers to interpret. The procedures shall be designed to
maximize efficient use of interpreters and minimize delays in
providing interpreters to patients. The procedures shall
insure, to the extent possible as determined by the facility,
that interpreters are available, either on the premises or
accessible by telephone, 24 hours a day. The facility shall
annually transmit to the Department of Public Health a copy
of the updated policy and shall include a description of the
facility's efforts to insure adequate and speedy
communication between patients with language or communication
barriers and staff.
(3) Develop, and post in conspicuous locations, notices
that advise patients and their families of the availability
of interpreters, the procedure for obtaining an interpreter,
and the telephone numbers to call for filing complaints
concerning interpreter service problems, including, but not
limited to, a T.D.D. number for the hearing impaired. The
notices shall be posted, at a minimum, in the emergency room,
the admitting area, the facility entrance, and the outpatient
area. Notices shall inform patients that interpreter
services are available on request, shall list the languages
for which interpreter services are available, and shall
instruct patients to direct complaints regarding interpreter
services to the Department of Public Health, including the
telephone numbers to call for that purpose purposes.
(4) Identify and record a patient's primary language and
dialect on one or more of the following: a patient medical
chart, hospital bracelet, bedside notice, or nursing card.
(5) Prepare and maintain, as needed, a list of
interpreters who have been identified as proficient in sign
language and in the languages of the population of the
geographical area served by the facility who have the ability
to translate the names of body parts, injuries, and symptoms.
(6) Notify the facility's employees of the facility's
commitment to provide interpreters to all patients who
request them.
(7) Review all standardized written forms, waivers,
documents, and informational materials available to patients
on admission to determine which to translate into languages
other than English.
(8) Consider providing its nonbilingual staff with
standardized picture and phrase sheets for use in routine
communications with patients who have language or
communication barriers.
(9) Develop community liaison groups to enable the
facility and the limited-English-speaking,
non-English-speaking, and deaf communities to insure the
adequacy of the interpreter services.
(Source: P.A. 88-244; revised 12-18-97.)
Section 100. The Illinois Insurance Code is amended by
changing Sections 74, 109, 131.20a, 132.2, 149, 229.4.
245.21, 355a, 367.3, 367h, 370h, 499.1, 509.1, 513a2, 810.1,
817.1, and 1003 and setting forth and renumbering multiple
versions of Sections 155.31 and 356t as follows:
(215 ILCS 5/74) (from Ch. 73, par. 686)
Sec. 74. Deposit. (1) Each domestic reciprocal subject to
the provisions of this Article shall make and maintain with
the Director, for the protection of all creditors,
policyholders and policy obligations of the such reciprocal,
a deposit of securities that which are authorized investments
under Section 126.11A(1), 126.11A(2), 126.24A(1), or
126.24A(2), having a fair market value equal to the surplus
required to be maintained under Section 66.
(Source: P.A. 90-418, eff. 8-15-97; revised 10-29-97.)
(215 ILCS 5/109) (from Ch. 73, par. 721)
Sec. 109. Application for certificate of authority.
(1) A foreign or alien company in order to procure a
certificate of authority to transact business in this State
shall make application therefor to the Director. The
application shall set forth:
(a) the name of the company, and the state or
country under the laws of which it is organized or
authorized;
(b) the title of the Act under or by which it was
incorporated or organized, the date of its incorporation
or organization and, if a corporation, the period of its
duration;
(c) the class or classes of insurance business, as
provided in Section 4, in which it proposes to engage in
this State, and the kinds of insurances in each class it
proposes to write in this State;
(d) if a life company, that it is not engaged in
any state in practices which, if engaged in in this
State, would constitute a violation of Section 237;
(e) whether or not it was authorized to transact
business in this State during any part of the 3-year
three year period prior to its application, and, if so,
for what period;
(f) whether or not it survives or was formed by a
merger, consolidation, reorganization, or reincorporation
effected within 3 three years prior to its application,
and, if so, whether and for what period or periods any of
the companies that are parties to the such merger,
consolidation, reorganization, or reincorporation were
authorized to transact business in this State within the
3-year three year period prior to its application; and
(g) such additional information as the Director may
require to enable the Director him to determine whether
the such company is entitled to a certificate of
authority to transact business in this State and to
determine and assess the taxes, fees and charges payable
as in this Code prescribed.
(2) Such application shall be made on forms prescribed
and furnished by the Director and shall be executed by the
company by its president or a vice-president or executive
officer corresponding thereto, and verified by such officer,
and if a corporation, the corporate seal shall be thereto
affixed, attested by its secretary or other proper officer.
(Source: Laws 1937, p. 696; revised 6-27-97.)
(215 ILCS 5/131.20a) (from Ch. 73, par. 743.20a)
Sec. 131.20a. Prior notification of transactions;
dividends and distributions.
(1) (a) The following transactions between a domestic
company and any person in its holding company system may not
be entered into unless the company has notified the Director
in writing of its intention to enter into such transaction at
least 30 days prior thereto, or such shorter period as the
Director may permit, and the Director has not disapproved it
within such period:
(i) Sales, purchases, exchanges of assets, loans or
extensions of credit, guarantees, investments, or any
other transaction involving the transfer of assets from
or liabilities to a company equal to or exceeding the
lesser of 3% of the company's admitted assets or 25% of
its surplus as regards policyholders as of the 31st day
of December next preceding.
(ii) Loans or extensions of credit to any person
that is not an affiliate which involve the lesser of 3%
of the company's admitted assets or 25% of the company's
surplus, each as of the 31st day of December next
preceding, made with the agreement or understanding that
the proceeds of such transactions, in whole or in
substantial part, are to be used to make loans or
extensions of credit to, to purchase assets of, or to
make investments in, any affiliate of the company making
such loans or extensions of credit.
(iii) Reinsurance agreements or modifications
thereto, including those agreements that may require as
consideration the transfer of assets from an insurer to a
nonaffiliate, if an agreement or understanding exists
between the insurer and nonaffiliate that any portion of
those assets will be transferred to one or more
affiliates of the insurer.
(iv) All management agreements, service contracts,
cost-sharing arrangements, and any other contracts
providing for the rendering of services on a regular
systematic basis.
(v) Any series of the previously described
transactions that are substantially similar to each
other, that take place within any 180 day period, and
that in total are equal to or exceed the lesser of 3% of
the domestic insurer's admitted assets or 25% of its
policyholders surplus, as of the 31st day of the December
next preceding.
(vi) Any other material transaction that the
Director by rule determines might render the company's
surplus as regards policyholders unreasonable in relation
to the company's outstanding liabilities and inadequate
to its financial needs or may otherwise adversely affect
the interests of the company's policyholders or
shareholders.
Nothing herein contained shall be deemed to authorize or
permit any transactions that, in the case of an insurer not a
member of the same holding company system, would be otherwise
contrary to law.
(b) Any transaction or contract otherwise described in
paragraph (a) of this subsection that is between a domestic
insurer and any person that is not its affiliate and that
precedes or follows within 180 days or is concurrent with a
similar transaction between that nonaffiliate and an
affiliate of the domestic company and that involves amounts
that are equal to or exceed the lesser of 3% of the domestic
insurer's admitted assets or 25% of its surplus as regards
policyholders at the end of the prior year may not be entered
into unless the company has notified the Director in writing
of its intention to enter into the transaction at least 30
days prior thereto or such shorter period as the Director may
permit, and the Director has not disapproved it within such
period.
(c) A company may not enter into transactions which are
part of a plan or series of like transactions with any person
within the holding company system if the purpose of those
separate transactions is to avoid the statutory threshold
amount and thus avoid the review that would occur otherwise.
If the Director determines that such separate transactions
were entered into for such purpose, he may exercise his
authority under subsection (2) of Section 131.24.
(d) The Director, in reviewing transactions pursuant to
paragraph (a), shall consider whether the transactions comply
with the standards set forth in Section 131.20 and whether
they may adversely affect the interests of policyholders.
(e) The Director shall be notified within 30 days of any
investment of the domestic insurer in any one corporation if
the total investment in that corporation by the insurance
holding company system exceeds 10% of that corporation's
voting securities.
(f) Except for those transactions transaction subject to
approval under other Sections of this Code, any such
transaction or agreements which are not disapproved by the
Director may be effective as of the date set forth in the
notice required under this Section.
(g) If a domestic insurer enters into a transaction
described in this subsection without having given the
required notification, the Director may cause the insurer to
pay a civil forfeiture of not more than $250,000. Each
transaction so entered shall be considered a separate
offense.
(2) No domestic company subject to registration under
Section 131.13 may pay any extraordinary dividend or make any
other extraordinary distribution to its securityholders
until: (a) 30 days after the Director has received notice of
the declaration thereof and has not within such period
disapproved the payment, or (b) the Director approves such
payment within the 30-day period. For purposes of this
subsection, an extraordinary dividend or distribution is any
dividend or distribution of cash or other property whose fair
market value, together with that of other dividends or
distributions, made within the period of 12 consecutive
months ending on the date on which the proposed dividend is
scheduled for payment or distribution exceeds the greater of:
(a) 10% of the company's surplus as regards policyholders as
of the 31st day of December next preceding, or (b) the net
income of the company for the 12-month period ending the 31st
day of December next preceding, but does not include pro rata
distributions of any class of the company's own securities.
Notwithstanding any other provision of law, the company
may declare an extraordinary dividend or distribution which
is conditional upon the Director's approval, and such a
declaration confers no rights upon security holders until:
(a) the Director has approved the payment of the dividend or
distribution, or (b) the Director has not disapproved the
payment within the 30-day period referred to above.
(Source: P.A. 88-364; revised 12-18-97.)
(215 ILCS 5/132.2) (from Ch. 73, par. 744.2)
Sec. 132.2. Definitions. As used in Sections 132.1
through 132.7, the terms set forth in this Section have the
following meanings:
"Company" means any person engaging in or proposing or
attempting to engage in any transaction or kind of insurance
or surety business and any person or group of persons who may
otherwise be subject to the administrative, regulatory, or
taxing authority of the Director.
"Examiner" means any individual or firm having been
authorized by the Director to conduct an examination under
this Code.
"Insurer" means any company licensed or authorized by the
Director to provide any insurance contracts, whether by
indemnity, guaranty, suretyship, or otherwise; including, but
not limited to, those companies licensed or authorized by the
Director under the following Acts:
(1) The Voluntary Health Services Plans Act.
(2) (Blank). The Vision Service Plan Act.
(3) The Dental Service Plan Act.
(4) (Blank).
(5) The Farm Mutual Insurance Company Act of 1986.
(6) The Limited Health Service Organization Act.
(7) The Health Maintenance Organization Act.
"Person" means any individual, aggregation of
individuals, trust, association, partnership, or corporation,
or any affiliate thereof.
(Source: P.A. 87-108; 90-372, eff. 7-1-98; revised 11-21-97.)
(215 ILCS 5/149) (from Ch. 73, par. 761)
Sec. 149. Misrepresentation and defamation prohibited.
(1) No company doing business in this State, and no
officer, director, agent, clerk or employee thereof, broker,
or any other person, shall make, issue or circulate or cause
or knowingly permit to be made, issued or circulated any
estimate, illustration, circular, or verbal or written
statement of any sort misrepresenting the terms of any policy
issued or to be issued by it or any other company or the
benefits or advantages promised thereby or any misleading
estimate of the dividends or share of the surplus to be
received thereon, or shall by the use of any name or title of
any policy or class of policies misrepresent the nature
thereof.
(2) No such company or officer, director, agent, clerk
or employee thereof, or broker shall make any misleading
representation or comparison of companies or policies, to any
person insured in any company for the purpose of inducing or
tending to induce a policyholder in any company to lapse,
forfeit, change or surrender his insurance, whether on a
temporary or permanent plan.
(3) No such company, officer, director, agent, clerk or
employee thereof, broker or other person shall make, issue or
circulate or cause or knowingly permit to be made, issued or
circulated any pamphlet, circular, article, literature or
verbal or written statement of any kind which contains any
false or malicious statement calculated to injure any company
doing business in this State in its reputation or business.
(4) No such company, or officer, director, agent, clerk
or employee thereof, no agent, broker, solicitor, or company
service representative, and no other person, firm,
corporation, or association of any kind or character, shall
make, issue, circulate, use, or utter, or cause or knowingly
permit to be made, issued, circulated, used, or uttered, any
policy or certificate of insurance, or endorsement or rider
thereto, or matter incorporated therein by reference, or
application blanks, or any stationery, pamphlet, circular,
article, literature, advertisement or advertising of any kind
or character, visual, or aural, including radio advertising
and television advertising, or any other verbal or written
statement or utterance (a) which tends to create the
impression or from which it may be implied or inferred,
directly or indirectly, that the company, its financial
condition or status, or the payment of its claims, or the
merits, desirability, or advisability of its policy forms or
kinds or plans of insurance are approved, endorsed, or
guaranteed by the State of Illinois or United States
Government or the Director or the Department or are secured
by Government bonds or are secured by a deposit with the
Director, or (b) which uses or refers to any deposit with the
Director or any certificate of deposit issued by the Director
or any facsimile, reprint, photograph, photostat, or other
reproduction of any such certificate of deposit.
(5) Any company, officer, director, agent, clerk or
employee thereof, broker, or other person who violates any of
the provisions of this Section, or knowingly participates in
or abets such violation, is shall guilty of a business
offense and shall be be required to pay a penalty of not less
than $100 one hundred dollars, nor more than $5,000 five
thousand dollars, to be recovered in the name of the People
of the State of Illinois either by the Attorney General or by
the State's Attorney of the county in which the violation
occurs. and The penalty so recovered shall be paid into the
county treasury if recovered by the State's Attorney or into
the State treasury if recovered by the Attorney General.
(6) No company shall be held guilty of having violated
any of the provisions of this Section by reason of the act of
any agent, solicitor or employee, not an officer, director or
department head thereof, unless an officer, director or
department head of such company shall have knowingly
permitted such act or shall have had prior knowledge thereof.
(7) Any person, association, organization, partnership,
business trust or corporation not authorized to transact an
insurance business in this State which disseminates in or
causes to be disseminated in this State any advertising,
invitations to inquire, questionnaires or requests for
information designed to result in a solicitation for the
purchase of insurance by residents of this State is also
subject to the sanctions of this Section. The phrase:
"designed to result in a solicitation for the purchase of
insurance" includes but is not limited to:
(a) the use of any form or document which provides
either generalized or specific information or
recommendations regardless of the insurance needs of the
recipient or the availability of any insurance policy or
plan; or
(b) any offer to provide such information or
recommendation upon subsequent contacts or solicitation
either by the entity generating the material or some
other person; or
(c) the use of a coupon, reply card or request to
write for further information; or
(d) the use of an application for insurance or an
offer to provide insurance coverage for any purpose; or
(e) the use of any material which, regardless of
the form and content used or the information imparted, is
intended to result, in the generation of leads for
further solicitations or the preparation of a mailing
list which can be sold to others for such purpose.
(Source: P.A. 85-1186; revised 6-27-97.)
(215 ILCS 5/155.31)
Sec. 155.31. Day care and group day care homes;
coverage.
(a) No insurer providing insurance coverage, as defined
in subsection (b) of Section 143.13 of this Code, shall
nonrenew or cancel an insurance policy on a day care home or
group day care home, as defined in the Child Care Act of
1969, solely on the basis that the insured operates a duly
licensed day care home or group day care home on the insured
premises.
(b) An insurer providing such insurance coverage to a
licensed day care home or licensed group day care home may
provide such coverage with a separate policy or endorsement
to a policy of fire and extended coverage insurance, as
defined in subsection (b) of Section 143.13.
(c) Notwithstanding subsections (a) and (b) of this
Section, the insurer providing such coverage shall be allowed
to cancel or nonrenew an insurance policy on a day care home
or group day care home based upon the authority provided
under Sections 143.21 and 143.21.1 of this Code.
(Source: P.A. 90-401, eff. 1-1-98.)
(215 ILCS 5/155.33)
Sec. 155.33. 155.31. Illinois Health Insurance
Portability and Accountability Act. The provisions of this
Code are subject to the Illinois Health Insurance Portability
and Accountability Act as provided in Section 15 of that Act.
(Source: P.A. 90-30, eff. 7-1-97; revised 10-7-97.)
(215 ILCS 5/155.34)
Sec. 155.34. 155.31. Structured settlements.
(a) No insurance company may make payments on a
structured settlement of a claim for personal injury to
anyone other than the beneficiary of the settlement without
prior approval of the circuit court of the county where an
action was or could have been maintained.
(b) No person who is the beneficiary of a structured
settlement of a claim for personal injury may assign in any
manner the payments of the settlement without prior approval
of the circuit court of the county where an action was or
could have been maintained.
(Source: P.A. 90-303, eff. 1-1-98; revised 10-7-97.)
(215 ILCS 5/155.35)
Sec. 155.35. 155.31. Insurance compliance
self-evaluative privilege.
(a) To encourage insurance companies and persons
conducting activities regulated under this Code, both to
conduct voluntary internal audits of their compliance
programs and management systems and to assess and improve
compliance with State and federal statutes, rules, and
orders, an insurance compliance self-evaluative privilege is
recognized to protect the confidentiality of communications
relating to voluntary internal compliance audits. The
General Assembly hereby finds and declares that protection of
insurance consumers is enhanced by companies' voluntary
compliance with this State's insurance and other laws and
that the public will benefit from incentives to identify and
remedy insurance and other compliance issues. It is further
declared that limited expansion of the protection against
disclosure will encourage voluntary compliance and improve
insurance market conduct quality and that the voluntary
provisions of this Section will not inhibit the exercise of
the regulatory authority by those entrusted with protecting
insurance consumers.
(b)(1) An insurance compliance self-evaluative audit
document is privileged information and is not admissible as
evidence in any legal action in any civil, criminal, or
administrative proceeding, except as provided in subsections
(c) and (d) of this Section. Documents, communications,
data, reports, or other information created as a result of a
claim involving personal injury or workers' compensation made
against an insurance policy are not insurance compliance
self-evaluative audit documents and are admissible as
evidence in civil proceedings as otherwise provided by
applicable rules of evidence or civil procedure, subject to
any applicable statutory or common law privilege, including
but not limited to the work product doctrine, the
attorney-client privilege, or the subsequent remedial
measures exclusion.
(2) If any company, person, or entity performs or
directs the performance of an insurance compliance audit, an
officer or employee involved with the insurance compliance
audit, or any consultant who is hired for the purpose of
performing the insurance compliance audit, may not be
examined in any civil, criminal, or administrative proceeding
as to the insurance compliance audit or any insurance
compliance self-evaluative audit document, as defined in this
Section. This subsection (b)(2) does not apply if the
privilege set forth in subsection (b)(1) of this Section is
determined under subsection (c) or (d) not to apply.
(3) A company may voluntarily submit, in connection with
examinations conducted under this Article, an insurance
compliance self-evaluative audit document to the Director, or
his or her designee, as a confidential document under
subsection (f) of Section 132.5 of this Code without waiving
the privilege set forth in this Section to which the company
would otherwise be entitled; provided, however, that the
provisions in subsection (f) of Section 132.5 permitting the
Director to make confidential documents public pursuant to
subsection (e) of Section 132.5 and access to the National
Association of Insurance Commissioners shall not apply to the
insurance compliance self-evaluative audit document so
voluntarily submitted. Nothing contained in this subsection
shall give the Director any authority to compel a company to
disclose involuntarily or otherwise provide an insurance
compliance self-evaluative audit document.
(c)(1) The privilege set forth in subsection (b) of this
Section does not apply to the extent that it is expressly
waived by the company that prepared or caused to be prepared
the insurance compliance self-evaluative audit document.
(2) In a civil or administrative proceeding, a court of
record may, after an in camera review, require disclosure of
material for which the privilege set forth in subsection (b)
of this Section is asserted, if the court determines one of
the following:
(A) the privilege is asserted for a fraudulent
purpose;
(B) the material is not subject to the privilege;
or
(C) even if subject to the privilege, the material
shows evidence of noncompliance with State and federal
statutes, rules and orders and the company failed to
undertake reasonable corrective action or eliminate the
noncompliance within a reasonable time.
(3) In a criminal proceeding, a court of record may,
after an in camera review, require disclosure of material for
which the privilege described in subsection (b) of this
Section is asserted, if the court determines one of the
following:
(A) the privilege is asserted for a fraudulent
purpose;
(B) the material is not subject to the privilege;
(C) even if subject to the privilege, the material
shows evidence of noncompliance with State and federal
statutes, rules and orders and the company failed to
undertake reasonable corrective action or eliminate such
noncompliance within a reasonable time; or
(D) the material contains evidence relevant to
commission of a criminal offense under this Code, and all
of the following factors are present:
(i) the Director, State's Attorney, or
Attorney General has a compelling need for the
information;
(ii) the information is not otherwise
available; and
(iii) the Director, State's Attorney, or
Attorney General is unable to obtain the substantial
equivalent of the information by any means without
incurring unreasonable cost and delay.
(d)(1) Within 30 days after the Director, State's
Attorney, or Attorney General makes a written request by
certified mail for disclosure of an insurance compliance
self-evaluative audit document under this subsection, the
company that prepared or caused the document to be prepared
may file with the appropriate court a petition requesting an
in camera hearing on whether the insurance compliance
self-evaluative audit document or portions of the document
are privileged under this Section or subject to disclosure.
The court has jurisdiction over a petition filed by a company
under this subsection requesting an in camera hearing on
whether the insurance compliance self-evaluative audit
document or portions of the document are privileged or
subject to disclosure. Failure by the company to file a
petition waives the privilege.
(2) A company asserting the insurance compliance
self-evaluative privilege in response to a request for
disclosure under this subsection shall include in its request
for an in camera hearing all of the information set forth in
subsection (d)(5) of this Section.
(3) Upon the filing of a petition under this subsection,
the court shall issue an order scheduling, within 45 days
after the filing of the petition, an in camera hearing to
determine whether the insurance compliance self-evaluative
audit document or portions of the document are privileged
under this Section or subject to disclosure.
(4) The court, after an in camera review, may require
disclosure of material for which the privilege in subsection
(b) of this Section is asserted if the court determines,
based upon its in camera review, that any one of the
conditions set forth in subsection (c)(2)(A) through (C) is
applicable as to a civil or administrative proceeding or that
any one of the conditions set forth in subsection (c)(3)(A)
through (D) is applicable as to a criminal proceeding. Upon
making such a determination, the court may only compel the
disclosure of those portions of an insurance compliance
self-evaluative audit document relevant to issues in dispute
in the underlying proceeding. Any compelled disclosure will
not be considered to be a public document or be deemed to be
a waiver of the privilege for any other civil, criminal, or
administrative proceeding. A party unsuccessfully opposing
disclosure may apply to the court for an appropriate order
protecting the document from further disclosure.
(5) A company asserting the insurance compliance
self-evaluative privilege in response to a request for
disclosure under this subsection (d) shall provide to the
Director, State's Attorney, or Attorney General, as the case
may be, at the time of filing any objection to the
disclosure, all of the following information:
(A) The date of the insurance compliance
self-evaluative audit document.
(B) The identity of the entity conducting the
audit.
(C) The general nature of the activities covered by
the insurance compliance audit.
(D) An identification of the portions of the
insurance compliance self-evaluative audit document for
which the privilege is being asserted.
(e) (1) A company asserting the insurance compliance
self-evaluative privilege set forth in subsection (b) of this
Section has the burden of demonstrating the applicability of
the privilege. Once a company has established the
applicability of the privilege, a party seeking disclosure
under subsections (c)(2)(A) or (C) of this Section has the
burden of proving that the privilege is asserted for a
fraudulent purpose or that the company failed to undertake
reasonable corrective action or eliminate the noncompliance
with a reasonable time. The Director, State's Attorney, or
Attorney General seeking disclosure under subsection (c)(3)
of this Section has the burden of proving the elements set
forth in subsection (c)(3) of this Section.
(2) The parties may at any time stipulate in proceedings
under subsections (c) or (d) of this Section to entry of an
order directing that specific information contained in an
insurance compliance self-evaluative audit document is or is
not subject to the privilege provided under subsection (b) of
this Section.
(f) The privilege set forth in subsection (b) of this
Section shall not extend to any of the following:
(1) documents, communications, data, reports, or
other information required to be collected, developed,
maintained, reported, or otherwise made available to a
regulatory agency pursuant to this Code, or other federal
or State law, rule, or order;
(2) information obtained by observation or
monitoring by any regulatory agency; or
(3) information obtained from a source independent
of the insurance compliance audit.
(g) As used in this Section:
(1) "Insurance compliance audit" means a voluntary,
internal evaluation, review, assessment, or audit not
otherwise expressly required by law of a company or an
activity regulated under this Code, or other State or
federal law applicable to a company, or of management
systems related to the company or activity, that is
designed to identify and prevent noncompliance and to
improve compliance with those statutes, rules, or orders.
An insurance compliance audit may be conducted by the
company, its employees, or by independent contractors.
(2) "Insurance compliance self-evaluative audit
document" means documents prepared as a result of or in
connection with and not prior to an insurance compliance
audit. An insurance compliance self-evaluation audit
document may include a written response to the findings
of an insurance compliance audit. An insurance
compliance self-evaluative audit document may include,
but is not limited to, as applicable, field notes and
records of observations, findings, opinions, suggestions,
conclusions, drafts, memoranda, drawings, photographs,
computer-generated or electronically recorded
information, phone records, maps, charts, graphs, and
surveys, provided this supporting information is
collected or developed for the primary purpose and in the
course of an insurance compliance audit. An insurance
compliance self-evaluative audit document may also
include any of the following:
(A) an insurance compliance audit report
prepared by an auditor, who may be an employee of
the company or an independent contractor, which may
include the scope of the audit, the information
gained in the audit, and conclusions and
recommendations, with exhibits and appendices;
(B) memoranda and documents analyzing portions
or all of the insurance compliance audit report and
discussing potential implementation issues;
(C) an implementation plan that addresses
correcting past noncompliance, improving current
compliance, and preventing future noncompliance; or
(D) analytic data generated in the course of
conducting the insurance compliance audit.
(3) "Company" has the same meaning as provided in
Section 2 of this Code.
(h) Nothing in this Section shall limit, waive, or
abrogate the scope or nature of any statutory or common law
privilege including, but not limited to, the work product
doctrine, the attorney-client privilege, or the subsequent
remedial measures exclusion.
(Source: P.A. 90-499, eff. 8-19-97; revised 10-9-97.)
(215 ILCS 5/229.4) (from Ch. 73, par. 841.4)
Sec. 229.4. Standard Non-forfeiture Law for Individual
Deferred Annuities.)
(1) No contract of annuity issued on or after the
operative date of this Section except as stated in subsection
11 shall be delivered or issued for delivery in this State
unless it contains in substance the following provisions or
corresponding provisions which in the opinion of the Director
are at least as favorable to the contract holder upon
cessation of payment of considerations under the contract:.
(a) That upon cessation of payment of
considerations under a contract, the company will grant a
paid-up annuity benefit on a plan stipulated in the
contract of such value as is specified in subsections
(3), (4), (5), (6) and (8).
(b) If a contract provides for a lump sum
settlement at maturity, or at any other time, that upon
surrender of the contract at or prior to the commencement
of any annuity payments, the company will pay in lieu of
any paid-up annuity benefit a cash surrender benefit of
such amount as is specified in subsections (3), (4), (6)
and (8). The company shall reserve the right to defer
the payment of such cash surrender benefit for a period
of 6 months after demand therefor with surrender of the
contract.
(c) A statement of the mortality table, if any, and
interest rates used in calculating any minimum paid-up
annuity, cash surrender or death benefits that are
guaranteed under the contract, together with sufficient
information to determine the amount of such benefits.
(d) A statement that any paid-up annuity, cash
surrender or death benefits that may be available under
the contract are not less than the minimum benefits
required by any statute of the state in which the
contract is delivered and an explanation of the manner in
which such benefits are altered by the existence of any
additional amounts credited by the company to the
contract, any indebtedness to the company on the contract
or any prior withdrawals from or partial surrenders of
the contract.
Notwithstanding the requirements of this subsection, any
deferred annuity contract may provide that if no
considerations have been received under a contract for a
period of 2 full years and the portion of the paid-up annuity
benefit at maturity on the plan stipulated in the contract
arising from considerations paid prior to such period would
be less than $20.00 monthly, the company may at its option
terminate such contract by payment in cash of the the present
value of such portion of the paid-up annuity benefit,
calculated on the basis of the mortality table, if any, and
interest rate specified in the contract for determining the
paid-up annuity benefit, and by such payment shall be
relieved of any further obligation under such contract.
(2) The minimum values as specified in subsections (3),
(4), (5), (6) and (8) of any paid-up annuity, cash surrender
or death benefits available under an annuity contract shall
be based upon minimum nonforfeiture amounts as defined in
this subsection.
(a) With respect to contracts providing for
flexible considerations, the minimum nonforfeiture amount
at any time at or prior to the commencement of any
annuity payments shall be equal to an accumulation up to
such time at a rate of interest of 3% per annum of
percentages of the net considerations, as hereinafter
defined, paid prior to such time, decreased by the sum of
(i) any prior withdrawals from or partial surrenders of
the contract accumulated at a rate of interest of 3% per
annum and (ii) the amount of any indebtedness to the
company on the contract, including interest due and
accrued, and increased by any existing additional amounts
credited by the company to the contract.
The net considerations for a given contract year
used to define the minimum nonforfeiture amount shall be
an amount not less than zero and shall be equal to the
corresponding gross considerations credited to the
contract during that contract year less an annual
contract charge of $30.00 and less a collection charge of
$1.25 per consideration credited to the contract during
that contract year. The percentages of net
considerations shall be 65% of the net consideration for
the first contract year and 87 1/2% of the net
considerations for the second and later contract years.
Notwithstanding the provisions of the preceding sentence,
the percentage shall be 65% of the portion of the total
net consideration for any renewal contract year which
exceeds by not more than two times the sum of those
portions of the net considerations in all prior contract
years for which the percentage was 65%.
(b) With respect to contracts providing for fixed
scheduled considerations, minimum nonforfeiture amounts
shall be calculated on the assumption that considerations
are paid annually in advance and shall be defined as for
contracts with flexible considerations which are paid
annually, with two exceptions:
(i) The portion of the net consideration for
the first contract year to be accumulated shall be
the sum of 65% of the net consideration for the
first contract year plus 22 1/2% of the excess of
the net consideration for the first contract year
over the lesser of the net considerations for the
second and third contract years.
(ii) The annual contract charge shall be the
lesser of (A) $30.00 or (B) 10% of the gross annual
consideration.
(c) With respect to contracts providing for a
single consideration, minimum nonforfeiture amounts shall
be defined as for contracts with flexible considerations
except that the percentage of net consideration used to
determine the minimum nonforfeiture amount shall be equal
to 90% and the net consideration shall be the gross
consideration less a contract charge of $75.00.
(3) Any paid-up annuity benefit available under a
contract shall be such that its present value on the date
annuity payments are to commence is at least equal to the
minimum nonforfeiture amount on that date. Such present
value shall be computed using the mortality table, if any,
and the interest rate specified in the contract for
determining the minimum paid-up annuity benefits guaranteed
in the contract.
(4) For contracts which provide cash surrender benefits,
such cash surrender benefits available prior to maturity
shall not be less than the present value as of the date of
surrender of that portion of the maturity value of the
paid-up annuity benefit which would be provided under the
contract at maturity arising from considerations paid prior
to the time of cash surrender reduced by the amount
appropriate to reflect any prior withdrawals from or partial
surrenders of the contract, such present value being
calculated on the basis of an interest rate not more than 1%
higher than the interest rate specified in the contract for
accumulating the net considerations to determine such
maturity value, decreased by the amount of any indebtedness
to the company on the contract, including interest due and
accrued, and increased by any existing additional amounts
credited by the company to the contract. In no event shall
any cash surrender benefit be less than the minimum
nonforfeiture amount at that time. The death benefit under
such contracts shall be at least equal to the cash surrender
benefit.
(5) For contracts which do not provide cash surrender
benefits, the present value of any paid-up annuity benefit
available as a nonforfeiture option at any time prior to
maturity shall not be less than the present value of that
portion of the maturity value of the paid-up benefit provided
under the contract arising from considerations paid prior to
the time of the contract is surrendered in exchange for, or
changed to, a deferred paid-up annuity, such present value
being calculated for the period prior to the maturity date on
the basis of the interest rate specified in the contract for
accumulating the net considerations to determine such
maturity value, and increased by any existing additional
amounts credited by the company to the contract. For
contracts which do not provide any death benefits prior to
the commencement of any annuity payments, such present values
shall be calculated on the basis of such interest rate and
the mortality table specified in the contract for determining
the maturity value of the paid-up annuity benefit. However,
in no event shall the present value of a paid-up annuity
benefit be less than the minimum nonforfeiture amount at that
time.
(6) For the purpose of determining the benefits
calculated under subsections (4) and (5), in the case of
annuity contracts under which an election may be made to have
annuity payments commence at optional maturity dates, the
maturity date shall be deemed to be the latest date for which
election shall be permitted by the contract, but shall not be
deemed to be later than the anniversary of the contract next
following the annuitant's seventieth birthday or the tenth
anniversary of the contract, whichever is later.
(7) Any contract which does not provide cash surrender
benefits or does not provide death benefits at least equal to
the minimum nonforfeiture amount prior to the commencement of
any annuity payments shall include a statement in a prominent
place in the contract that such benefits are not provided.
(8) Any paid-up annuity, cash surrender or death
benefits available at any time, other than on the contract
anniversary under any contract with fixed scheduled
considerations, shall be calculated with allowance for the
lapse of time and the payment of any scheduled considerations
beyond the beginning of the contract year in which cessation
of payment of considerations under the contract occurs.
(9) For any contract which provides, within the same
contract by rider or supplemental contract provision, both
annuity benefits and life insurance benefits that are in
excess of the greater of cash surrender benefits or a return
of the gross considerations with interest, the minimum
nonforfeiture benefits shall be equal to the sum of the
minimum nonforfeiture benefits for the annuity portion and
the minimum nonforfeiture benefits, if any, for the life
insurance portion computed as if each portion were a separate
contract. Notwithstanding the provisions of subsections (3),
(4), (5), (6) and (8), additional benefits payable (a) in the
event of total and permanent disability, (b) as reversionary
annuity or deferred reversionary annuity benefits, or (c) as
other policy benefits additional to life insurance,
endowment, and annuity benefits, and considerations for all
such additional benefits, shall be disregarded in
ascertaining the minimum nonforfeiture amounts, paid-up
annuity, cash surrender and death benefits that may be
required by this section. The inclusion of such additional
benefits shall not be required in any paid-up benefits,
unless such additional benefits separately would require
minimum nonforfeiture amounts, paid-up annuity, cash
surrender and death benefits.
(10) After the effective date of this Section, any
company may file with the Director a written notice of its
election to comply with the provisions of this Section after
a specified date before the second anniversary of the
effective date of this Section. After the filing of such
notice, then upon such specified date, which shall be the
operative date of this section for such company, this Section
shall become operative with respect to annuity contracts
thereafter issued by such company. If a company makes no
such election, the operative date of this section for such
company shall be the second anniversary of the effective date
of this Section.
(11) This Section shall not apply to any reinsurance,
group annuity purchased under a retirement plan or plan of
deferred compensation established or maintained by an
employer (including a partnership or sole proprietorship) or
by an employee organization, or by both, other than a plan
providing individual retirement accounts or individual
retirement annuities under Section 408 of the Internal
Revenue Code, as now or hereafter amended, premium deposit
fund, variable annuity, investment annuity, immediate
annuity, any deferred annuity contract after annuity payments
have commenced, or reversionary annuity, nor to any contract
which shall be delivered outside this State through an agent
or other representative of the company issuing the contract.
(Source: P.A. 80-512; revised 7-1-97.)
(215 ILCS 5/245.21) (from Ch. 73, par. 857.21)
Sec. 245.21. Establishment of separate accounts by
domestic companies organized to do a life, annuity, or
accident and health insurance business. A domestic company,
including for the purposes of this Article all domestic
fraternal benefit societies, may, for authorized classes of
insurance, establish one or more separate accounts, and may
allocate thereto amounts (including without limitation
proceeds applied under optional modes of settlement or under
dividend options) to provide for life, annuity, or accident
and health insurance (and benefits incidental thereto),
payable in fixed or variable amounts or both, subject to the
following:
(1) The income, gains and losses, realized or
unrealized, from assets allocated to a separate account must
be credited to or charged against the account, without regard
to other income, gains or losses of the company.
(2) Except as may be provided with respect to reserves
for guaranteed benefits and funds referred to in paragraph
(3) of this Section (i) amounts allocated to any separate
account and accumulations thereon may be invested and
reinvested without regard to any requirements or limitations
of Part 2 or Part 3 of Article VIII of this Code and (ii) the
investments in any separate account or accounts may not be
taken into account in applying the investment limitations
otherwise applicable to the investments of the company.
(3) Except with the approval of the Director and under
the conditions as to investments and other matters as the
Director may prescribe, that must recognize the guaranteed
nature of the benefits provided, reserves for (i) benefits
guaranteed as to dollar amount and duration and (ii) funds
guaranteed as to principal amount or stated rate of interest
may not be maintained in a separate account.
(4) Unless otherwise approved by the Director, assets
allocated to a separate account must be valued at their
market value on the date of valuation, or if there is no
readily available market, then as provided in the contract or
the rules or other written agreement applicable to the
separate account. Unless otherwise approved by the Director,
the portion, if any, of the assets of the separate account
equal to the company's reserve liability with regard to the
guaranteed benefits and funds referred to in paragraph (3) of
this Section must be valued in accordance with the rules
otherwise applicable to the company's assets.
(5) Amounts allocated to a separate account under this
Article are owned by the company, and the company may not be,
nor hold itself out to be, a trustee with respect to those
amounts. The assets of any separate account equal to the
reserves and other contract liabilities with respect to the
account may not be charged with liabilities arising out of
any other business the company may conduct.
(6) No sale, exchange or other transfer of assets may be
made by a company between any of its separate accounts or
between any other investment account and one or more of its
separate accounts unless, in case of a transfer into a
separate account, the transfer is made solely to establish
the account or to support the operation of the contracts with
respect to the separate account to which the transfer is
made, and unless the transfer, whether into or from a
separate account, is made (i) by a transfer of cash, or (ii)
by a transfer of securities having a readily determinable
market value, if the transfer of securities is approved by
the Director. The Director may approve other transfers among
those accounts if, in his or her opinion, the transfers would
not be inequitable.
(7) To the extent a company considers it necessary to
comply with any applicable federal or state laws, the
company, with respect to any separate account, including
without limitation any separate account which is a management
investment company or a unit investment trust, may provide
for persons having an interest therein appropriate voting and
other rights and special procedures for the conduct of the
business of the account, including without limitation special
rights and procedures relating to investment policy,
investment advisory services, selection of independent public
accountants, and the selection of a committee, the members of
which need not be otherwise affiliated with the company, to
manage the business of the account.
(Source: P.A. 90-381, eff. 8-14-97; 90-418, eff. 8-15-97;
revised 11-14-97.)
(215 ILCS 5/355a) (from Ch. 73, par. 967a)
Sec. 355a. Standardization of terms and coverage.
(1) The purpose of this Section shall be (a) to provide
reasonable standardization and simplification of terms and
coverages of individual accident and health insurance
policies to facilitate public understanding and comparisons;
(b) to eliminate provisions contained in individual accident
and health insurance policies which may be misleading or
unreasonably confusing in connection either with the purchase
of such coverages or with the settlement of claims; and (c)
to provide for reasonable disclosure in the sale of accident
and health coverages.
(2) Definitions applicable to this Section are as
follows:
(a) "Policy" means all or any part of the forms
constituting the contract between the insurer and the
insured, including the policy, certificate, subscriber
contract, riders, endorsements, and the application if
attached, which are subject to filing with and approval
by the Director.
(b) "Service corporations" means non-profit
hospital, medical, voluntary health and, vision, dental,
and pharmaceutical corporations organized and operating
respectively under the Non-Profit Hospital Service Plan
Act, the Medical Service Plan Act, the Voluntary Health
Services Plans Act, and the Dental Service Plan Act.
(c) "Accident and health insurance" means insurance
written under Article XX of the Insurance Code, other
than credit accident and health insurance, and coverages
provided in subscriber contracts issued by service
corporations. For purposes of this Section such service
corporations shall be deemed to be insurers engaged in
the business of insurance.
(3) The Director shall issue such rules as he shall deem
necessary or desirable to establish specific standards,
including standards of full and fair disclosure that set
forth the form and content and required disclosure for sale,
of individual policies of accident and health insurance,
which rules and regulations shall be in addition to and in
accordance with the applicable laws of this State, and which
may cover but shall not be limited to: (a) terms of
renewability; (b) initial and subsequent conditions of
eligibility; (c) non-duplication of coverage provisions; (d)
coverage of dependents; (e) pre-existing conditions; (f)
termination of insurance; (g) probationary periods; (h)
limitation, exceptions, and reductions; (i) elimination
periods; (j) requirements regarding replacements; (k)
recurrent conditions; and (l) the definition of terms
including but not limited to the following: hospital,
accident, sickness, injury, physician, accidental means,
total disability, partial disability, nervous disorder,
guaranteed renewable, and non-cancellable.
The Director may issue rules that specify prohibited
policy provisions not otherwise specifically authorized by
statute which in the opinion of the Director are unjust,
unfair or unfairly discriminatory to the policyholder, any
person insured under the policy, or beneficiary.
(4) The Director shall issue such rules as he shall deem
necessary or desirable to establish minimum standards for
benefits under each category of coverage in individual
accident and health policies, other than conversion policies
issued pursuant to a contractual conversion privilege under a
group policy, including but not limited to the following
categories: (a) basic hospital expense coverage; (b) basic
medical-surgical expense coverage; (c) hospital confinement
indemnity coverage; (d) major medical expense coverage; (e)
disability income protection coverage; (f) accident only
coverage; and (g) specified disease or specified accident
coverage.
Nothing in this subsection (4) shall preclude the
issuance of any policy which combines two or more of the
categories of coverage enumerated in subparagraphs (a)
through (f) of this subsection.
No policy shall be delivered or issued for delivery in
this State which does not meet the prescribed minimum
standards for the categories of coverage listed in this
subsection unless the Director finds that such policy is
necessary to meet specific needs of individuals or groups and
such individuals or groups will be adequately informed that
such policy does not meet the prescribed minimum standards,
and such policy meets the requirement that the benefits
provided therein are reasonable in relation to the premium
charged. The standards and criteria to be used by the
Director in approving such policies shall be included in the
rules required under this Section with as much specificity as
practicable.
The Director shall prescribe by rule the method of
identification of policies based upon coverages provided.
(5) (a) In order to provide for full and fair disclosure
in the sale of individual accident and health insurance
policies, no such policy shall be delivered or issued for
delivery in this State unless the outline of coverage
described in paragraph (b) of this subsection either
accompanies the policy, or is delivered to the applicant at
the time the application is made, and an acknowledgment
signed by the insured, of receipt of delivery of such
outline, is provided to the insurer. In the event the policy
is issued on a basis other than that applied for, the outline
of coverage properly describing the policy must accompany the
policy when it is delivered and such outline shall clearly
state that the policy differs, and to what extent, from that
for which application was originally made. All policies,
except single premium nonrenewal policies, shall have a
notice prominently printed on the first page of the policy or
attached thereto stating in substance, that the policyholder
shall have the right to return the policy within 10 ten (10)
days of its delivery and to have the premium refunded if
after examination of the policy the policyholder is not
satisfied for any reason.
(b) The Director shall issue such rules as he shall deem
necessary or desirable to prescribe the format and content of
the outline of coverage required by paragraph (a) of this
subsection. "Format" means style, arrangement, and overall
appearance, including such items as the size, color, and
prominence of type and the arrangement of text and captions.
"Content" shall include without limitation thereto,
statements relating to the particular policy as to the
applicable category of coverage prescribed under subsection
4; principal benefits; exceptions, reductions and
limitations; and renewal provisions, including any
reservation by the insurer of a right to change premiums.
Such outline of coverage shall clearly state that it
constitutes a summary of the policy issued or applied for and
that the policy should be consulted to determine governing
contractual provisions.
(6) Prior to the issuance of rules pursuant to this
Section, the Director shall afford the public, including the
companies affected thereby, reasonable opportunity for
comment. Such rulemaking is subject to the provisions of the
Illinois Administrative Procedure Act.
(7) When a rule has been adopted, pursuant to this
Section, all policies of insurance or subscriber contracts
which are not in compliance with such rule shall, when so
provided in such rule, be deemed to be disapproved as of a
date specified in such rule not less than 120 days following
its effective date, without any further or additional notice
other than the adoption of the rule.
(8) When a rule adopted pursuant to this Section so
provides, a policy of insurance or subscriber contract which
does not comply with the rule shall not less than 120 days
from the effective date of such rule, be construed, and the
insurer or service corporation shall be liable, as if the
policy or contract did comply with the rule.
(9) Violation of any rule adopted pursuant to this
Section shall be a violation of the insurance law for
purposes of Sections 370 and 446 of the Insurance Code.
(Source: P.A. 90-177, eff. 7-23-97; 90-372, eff. 7-1-98;
revised 11-14-97.)
(215 ILCS 5/356t)
Sec. 356t. Post-mastectomy care. An individual or group
policy of accident and health insurance or managed care plan
that provides surgical coverage and is amended, delivered,
issued, or renewed after the effective date of this
amendatory Act of 1997 shall provide inpatient coverage
following a mastectomy for a length of time determined by the
attending physician to be medically necessary and in
accordance with protocols and guidelines based on sound
scientific evidence and upon evaluation of the patient and
the coverage for and availability of a post-discharge
physician office visit or in-home nurse visit to verify the
condition of the patient in the first 48 hours after
discharge.
(Source: P.A. 90-7, eff. 6-10-97.)
(215 ILCS 5/356v)
Sec. 356v. 356t. Use of information derived from genetic
testing. After the effective date of this amendatory Act of
1997, an insurer must comply with the provisions of the
Genetic Information Privacy Act in connection with the
amendment, delivery, issuance, or renewal of, or claims for
or denial of coverage under, an individual or group policy of
accident and health insurance.
(Source: P.A. 90-25, eff. 1-1-98; revised 10-7-97.)
(215 ILCS 5/367.3) (from Ch. 73, par. 979.3)
Sec. 367.3. Group accident and health insurance;
discretionary groups.
(a) No group health insurance offered to a resident of
this State under a policy issued to a group, other than one
specifically described in Section 367(1), shall be delivered
or issued for delivery in this State unless the Director
determines that:
(1) the issuance of the policy is not contrary to
the public interest;
(2) the issuance of the policy will result in
economies of acquisition and administration; and
(3) the benefits under the policy are reasonable in
relation to the premium charged.
(b) No such group health insurance may be offered in
this State under a policy issued in another state unless this
State or the state in which the group policy is issued has
made a determination that the requirements of subsection (a)
have been met.
Where insurance is to be offered in this State under a
policy described in this subsection, the insurer shall file
for informational review purposes:
(1) a copy of the group master contract;
(2) a copy of the statute authorizing the issuance
of the group policy in the state of situs, which statute
has the same or similar requirements as this State, or in
the absence of such statute, a certification by an
officer of the company that the policy meets the Illinois
minimum standards required for individual accident and
health policies under authority of Section 401 of this
Code, as now or hereafter amended, as promulgated by rule
at 50 Illinois Administrative Code, Ch. I, Sec. 2007, et.
seq., as now or hereafter amended, or by a successor
rule;
(3) evidence of approval by the state of situs of
the group master policy; and
(4) copies of all supportive material furnished to
the state of situs to satisfy the criteria for approval.
(c) The Director may, at any time after receipt of the
information required under subsection (b) and after finding
that the standards of subsection (a) have not been met, order
the insurer to cease the issuance or marketing of that
coverage in this State.
(d) Group accident and health insurance subject to the
provisions of this Section is also subject to the provisions
of Section 367i of this Code.
(Source: P.A. 86-753; 87-615; revised 7-2-97.)
(215 ILCS 5/367h) (from Ch. 73, par. 979h)
Sec. 367h. Deputy's continuance privilege. As used in
this Section:
1. The terms "municipality" and "creditable service"
shall have the meaning ascribed to such terms by Sections
7-105 and 7-113, respectively, of the Illinois Pension Code,
as now or hereafter amended.
The term "deferred pensioner" means a deputy who has
retired, having accumulated enough creditable service to
qualify for a pension, but who has not attained the required
age.
2. The term "deputy" shall mean a "sheriff's law
enforcement employee" as defined in Section 7-109.3 of the
Illinois Pension Code, and include only persons under the
coverage of Article 7 of that Code, as heretofore or
hereafter amended.
3. The "retirement or disability period" of a deputy
means the period:
a. which begins on the day the deputy is removed
from a sheriff's police department payroll because of the
occurrence of any of the following events, to wit: (i)
the deputy retires as a deferred pensioner, (ii) the
deputy retires from active service as a deputy with an
attained age and accumulated creditable service which
together qualify the deputy for immediate receipt of
retirement pension benefits under Section 7-142.1 of the
Illinois Pension Code, or (iii) the deputy's disability
is established under Article 7 of the Illinois Pension
Code; and
b. which ends on the first to occur of any of the
following events, to wit: (i) the deputy's reinstatement
or reentry into active service in the sheriff's police
department as provided for under Article 7 of the
Illinois Pension Code, (ii) the deputy's exercise of any
refund option or acceptance of any separation benefit
available under Article 7 of the Illinois Pension Code,
(iii) the deputy's loss pursuant to Section 7-219 of the
Illinois Pension Code of any benefits provided for in
Article 7 of that Code, or (iv) the deputy's death or --
if at the time of the deputy's death the deputy is
survived by a spouse who, in that capacity, is entitled
to receive a surviving spouse's monthly pension pursuant
to Article 7 of the Illinois Pension Code -- the death or
remarriage of that spouse.
No policy of group accident and health insurance under
which deputies employed by a municipality are insured for
their individual benefit shall be issued or delivered in this
State to any municipality unless such group policy provides
for the election of continued group insurance coverage for
the retirement or disability period of each deputy who is
insured under the provisions of the group policy on the day
immediately preceding the day on which the retirement or
disability period of such deputy begins. So long as any
required premiums for continued group insurance coverage are
paid in accordance with the provisions of the group policy,
an election made pursuant to this Section shall provide
continued group insurance coverage for a deputy throughout
the retirement or disability period of the deputy and, unless
the deputy otherwise elects and subject to any other
provisions of the group policy which relate either to the
provision or to the termination of dependents' coverage and
which are not inconsistent with this Section, for any
dependents of the deputy who are insured under the group
policy on the day immediately preceding the day on which the
retirement or disability period of the deputy begins;
provided, however, that when such continued group insurance
coverage is in effect with respect to a deputy on the date of
the deputy's death but the retirement or disability period of
the deputy does not end with such deputy's death, then the
deceased deputy's surviving spouse upon whose death or
remarriage such retirement or disability period will end
shall be entitled, without further election and upon payment
of any required premiums in accordance with the provisions of
the group policy, to maintain such continued group insurance
coverage in effect until the end of such retirement or
disability period. Continued group insurance coverage shall
be provided in accordance with this Section at the same
premium rate from time to time charged for equivalent
coverage provided under the group policy with respect to
covered deputies whose retirement or disability period has
not begun, and no distinction or discrimination in the amount
or rate of premiums or in any waiver of premium or other
benefit provision shall be made between continued group
insurance coverage elected pursuant to this Section and
equivalent coverage provided to deputies under the group
policy other than pursuant to the provisions of this Section;
provided that no municipality shall be required by reason of
any provision of this Section to pay any group insurance
premium other than one that may be negotiated in a collective
bargaining agreement. If the group policy provides for a
reduction in benefits and premium for insureds who become
eligible for medicare, such provision shall apply to persons
electing continued coverage under this Section.
Within 15 days of the beginning of the retirement or
disability period of any deputy entitled to elect continued
group insurance coverage under any group policy affected by
this Section, the municipality last employing such deputy
shall give written notice of such beginning by certified
mail, return receipt requested, to the insurance company
issuing such policy. The notice shall include the deputy's
name and last known place of residence and the beginning date
of the deputy's retirement or disability period.
Within 15 days of the date of receipt of such notice from
the municipality, the insurance company by certified mail,
return receipt requested, shall give written notice to the
deputy at the deputy's last known place of residence that
coverage under the group policy may be continued for the
retirement or disability period of the deputy as provided in
this Section. Such notice shall set forth: (i) a statement
of election to be filed by the deputy if the deputy wishes to
continue such group insurance coverage, (ii) the amount of
monthly premium, including a statement of the portion of such
monthly premium attributable to any dependents' coverage
which the deputy may elect, and (iii) instructions as to the
return of the election form to the insurance company issuing
such policy. Election shall be made, if at all, by returning
the statement of election to the insurance company by
certified mail, return receipt requested, within 15 days
after having received it.
If the deputy elects to continue coverage, it shall be
the obligation of the deputy to pay the monthly premium
directly to the municipality which shall forward it to the
insurance company issuing the group insurance policy, or as
otherwise directed by the insurance company; provided,
however, that the deputy shall be entitled to designate on
the statement of election required to be filed with the
insurance company that the total monthly premium, or such
portion thereof as is not contributed by a municipality, be
deducted by the Illinois Municipal Retirement Fund from the
monthly pension payment otherwise payable to or on behalf of
the deputy pursuant to Article 7 of the the Illinois Pension
Code, and be remitted by such Fund to the insurance company.
The portion, if any, of the monthly premium contributed by a
municipality for such continued group insurance coverage
shall be paid by the directly to the insurance company
issuing the group insurance policy, or as directed by the
insurance company. Such continued group insurance coverage
shall relate back to the beginning of the deputy's retirement
or disability period.
The amendment, renewal or extension of any group
insurance policy affected by this Section shall be deemed to
be the issuance of a new policy of insurance for purposes of
this Section.
In the event that a municipality makes a program of
accident, health, hospital or medical benefits available to
its deputies through self-insurance, or by participation in a
pool or reciprocal insurer, or by contract in a form other
than a policy of group insurance with one or more medical
service plans, health care service corporations, health
maintenance organizations, or any other professional
corporations or plans under which health care or
reimbursement for the costs thereof is provided, whether the
cost of such benefits is borne by the municipality or the
deputies or both, such deputies and their surviving spouses
shall have the same right to elect continued coverage under
such program of benefits as they would have if such benefits
were provided by a policy of group accident and health
insurance. In such cases, the notice of right to elect
continued coverage shall be sent by the municipality; the
statement of election shall be sent to the municipality; and
references to the required premium shall refer to that
portion of the cost of such benefits which is not borne by
the municipality, either voluntarily or pursuant to the
provisions of a collective bargaining agreement. In the case
of a municipality providing such benefits through
self-insurance or participation in a pool or reciprocal
insurer, the right to elect continued coverage which is
provided by this paragraph shall be implemented and made
available to the deputies of the municipality and qualifying
surviving spouses not later than July 1, 1986.
The amendment, renewal or extension of any such contract
in a form other than a policy of group insurance policy shall
be deemed the formation of a new contract for the purposes of
this Section.
This Section shall not limit the exercise of any
conversion privileges available under Section 367e.
(Source: P.A. 84-1010; revised 7-2-97.)
(215 ILCS 5/370h) (from Ch. 73, par. 982h)
Sec. 370h. Noninstitutional providers. Before entering
into any agreement under this Article an insurer or
administrator shall establish terms and conditions that must
be met by noninstitutional providers wishing to enter into an
agreement with the insurer or administrator. These terms and
conditions may not discriminate unreasonably against or among
noninstitutional providers. Neither difference in prices
among noninstitutional providers produced by a process of
individual negotiation nor price differences among other
noninstitutional providers in different geographical areas or
different specialties specialities constitutes unreasonable
discrimination.
An insurer or administrator shall not refuse to contract
with any noninstitutional provider who meets the terms and
conditions established by the insurer or administrator.
(Source: P.A. 84-618; revised 7-2-97.)
(215 ILCS 5/499.1) (from Ch. 73, par. 1065.46-1)
Sec. 499.1. Registered firms.
(a) Any corporation, partnership, or limited liability
company transacting insurance business as an insurance agency
shall register with the Director before transacting insurance
business in this State. Such registration shall remain in
effect as long as the firm pays the annual fee required by
Section 509.1 of this Code by the date due, unless the
registration is revoked or suspended pursuant to Section
505.1 of this Code.
(b) Each firm required to register before acting as a
registered firm pursuant to this Article shall appoint one or
more licensed insurance producers who are officers,
directors, or partners in the firm to be responsible for the
firm's compliance with the insurance laws and Title 50 of the
Illinois Administrative Code. Such individual or individuals
shall submit to the Director a registration form and the fees
required by Section 509.1. The Director shall prescribe the
registration form and may require any documents reasonably
necessary to verify the information contained in the
registration form. Within 30 days of a change in officers,
directors, or partners who are appointed to be responsible
for the firm's compliance with the insurance laws and Title
50 of the Illinois Administrative Code, the firm shall report
the change to the Department.
(c) The registered firm shall inform the Director in
writing of a change in its business address within 30 days of
such change.
(d) Each registered firm shall disclose its members,
officers or directors who are authorized to act as insurance
producers, and report any changes in such personnel to the
Director within 30 days of such changes.
(e) (Blank).
(Source: P.A. 89-240, eff. 1-1-96; 90-41, eff. 10-1-97;
90-499, eff. 8-19-97; revised 11-17-97.)
(215 ILCS 5/509.1) (from Ch. 73, par. 1065.56-1)
Sec. 509.1. Fees.
(a) The fees required by this Article are as follows:
(1) An annual fee of $75 for an insurance producer
license;
(2) A fee of $25 for the issuance of a temporary
insurance producer license;
(3) An annual registration fee of $25 for a
business firm to register;
(4) An annual $25 fee for a limited insurance
representative license;
(5) A $25 application fee for the processing of
each request to take the written examination for an
insurance producer license;
(6) An annual registration fee of $500 for an
education provider to register;
(7) A certification fee of $25 for each certified
prelicensing or continuing education course and an annual
fee of $10 for renewing the certification of each such
course; and
(8) A license reinstatement fee of $50 for
reinstating a license which lapsed because the annual fee
was not received by the due date.
(9) A registration fee of $15 for reinstating a
firm registration that lapsed because the annual fee was
not received by the due date.
(b) Except as otherwise provided, all fees paid to and
collected by the Director under this Section shall be paid
promptly after receipt thereof, together with a detailed
statement of such fees, into a special fund in the State
Treasury to be known as the Insurance Producer Administration
Fund. The monies deposited into the Insurance Producer
Administration Administrative Fund shall be used only for
payment of the expenses of the Department in the execution,
administration and enforcement of the insurance laws of this
State, and shall be appropriated as otherwise provided by law
for the payment of such expenses with first priority being
any expenses incident to or associated with the
administration and enforcement of this Article.
(Source: P.A. 89-152, eff. 1-1-97; 90-372, eff. 7-1-98;
revised 10-7-97.)
(215 ILCS 5/513a2) (from Ch. 73, par. 1065.60a2)
Sec. 513a2. Definitions.
(a) Accepted agreement. "Accepted agreement" means a
premium finance agreement deemed to be accepted by a premium
finance company when a binder number or policy number is
provided for each policy premium listed on the premium
finance agreement and premium payment book or when the first
premium payment notice has been sent to the named insured.
(b) Financing insurance premiums. "Financing insurance
premiums" means to be engaged in the practice of:
(1) advancing monies directly or indirectly to an
insurer pursuant to the terms of an acquired premium
finance agreement; or
(2) allowing 10% or more of a producer's or
registered firm's firms's premium accounts receivable to
be more than 90 days past due.
(c) Premium finance agreement. "Premium finance
agreement" means a promissory note, loan contract, or
agreement by which an insured or prospective insured promises
to pay to another person an amount advanced or to be advanced
thereunder to an insurer in payment of premiums on an
insurance contract together with a service charge and which
contains an assignment of or is otherwise secured by the
unearned premium payable by the insurer upon cancellation of
the insurance contract; provided, however, that a premium
finance agreement shall not include an installment sale
contract, lease agreement, security agreement, or mortgage
covering personal or real property that includes a charge for
insurance or pursuant to which the vendor, lessor,
lienholder, or mortgagee is authorized to pay or advance the
premium for insurance with respect to that property.
(d) Premium finance company. "Premium finance company"
means any person engaged in the business of financing
insurance premiums, of entering into premium finance
agreements with insureds, or of acquiring premium finance
agreements.
(Source: P.A. 87-811; revised 7-2-97.)
(215 ILCS 5/810.1)
Sec. 810.1. Reinsurance Agreements. All insurers shall
enter into a reinsurance agreement with the Fund. The
reinsurance agreement with the Fund. The reinsurance
agreement shall be filed with and approved by the Director.
The agreement shall provide that each insurer shall cede 100%
of any subsidence insurance written up to the limits
contained in paragraph 805.1(c) to the Fund and, in
consideration of the ceding commission retained by the
insurer, agrees to distribute informational publications
provided by the Fund on a schedule set by the Fund, undertake
adjustment of losses, payment of taxes, and all other
expenses of the insurer necessary for sale of policies and
administration of the mine subsidence insurance coverage.
The Fund shall agree to reimburse the insurer for all amounts
reasonably and properly paid policyholders from claims
resulting from mine subsidence and for expenses specified in
the reinsurance agreement. In addition, the reinsurance
agreement may contain, and may authorize the Fund to
establish and promulgate deductibles. The reinsurance
agreement may also contain reasonable rules and procedures
covering insurer documentation of losses; insurer reporting
of claims, reports of litigation, premiums and loss payments;
loss payment review by the Fund; remitting of premiums to the
Fund; underwriting; and cause and origin investigations; and
procedures for resolving disputes between the insurers and
the Fund.
(Source: P.A. 88-379; revised 12-18-97.)
(215 ILCS 5/817.1)
Sec. 817.1. Powers of Director. In addition to any
powers conferred upon him by this or any other law, the
Director shall have the authority to supervise the operations
of the Fund and shall review the Fund's rates once every
three years. In addition the Director or any person
designated by him has the power:
(a) to examine the operation of the Fund through
free access to all books, records, files, papers and
documents relating to its operation and may summon,
qualify and examine as witnesses all persons having
knowledge of or such operation, including officers,
agents or employees thereof;
(b) to do all things necessary to enable the State
of Illinois and any insurer participating in any program
approved by the Director to fully participate in any
federal program which may be enacted for purposes similar
to the purposes of this Article;
(c) to require such reports as the Director may
deem necessary.
(Source: P.A. 88-379; revised 12-18-97.)
(215 ILCS 5/1003) (from Ch. 73, par. 1065.703)
Sec. 1003. Definitions. As used in this Article:
(A) "Adverse underwriting decision" means:
(1) any of the following actions with respect to
insurance transactions involving insurance coverage which
is individually underwritten:
(a) a declination of insurance coverage,
(b) a termination of insurance coverage,
(c) failure of an agent to apply for insurance
coverage with a specific insurance institution which
the agent represents and which is requested by an
applicant,
(d) in the case of a property or casualty
insurance coverage:
(i) placement by an insurance institution
or agent of a risk with a residual market
mechanism, an unauthorized insurer or an
insurance institution which specializes in
substandard risks, or
(ii) the charging of a higher rate on the
basis of information which differs from that
which the applicant or policyholder furnished,
or
(e) in the case of life, health or disability
insurance coverage, an offer to insure at higher
than standard rates.
(2) Notwithstanding paragraph (1) above, the
following actions shall not be considered adverse
underwriting decisions but the insurance institution or
agent responsible for their occurrence shall nevertheless
provide the applicant or policyholder with the specific
reason or reasons for their occurrence:
(a) the termination of an individual policy
form on a class or statewide basis,
(b) a declination of insurance coverage solely
because such coverage is not available on a class or
statewide basis, or
(c) the rescission of a policy.
(B) "Affiliate" or "affiliated" means a person that
directly, or indirectly through one or more intermediaries,
controls, is controlled by or is under common control with
another person.
(C) "Agent" means an individual, firm, partnership,
association or corporation who is involved in the
solicitation, negotiation or binding of coverages for or on
applications or policies of insurance, covering property or
risks located in this State. For the purposes of this
Article, both "Insurance Agent" and "Insurance Broker", as
defined in Section 490, shall be considered an agent.
(D) "Applicant" means any person who seeks to contract
for insurance coverage other than a person seeking group
insurance that is not individually underwritten.
(E) "Director" means the Director of Insurance.
(F) "Consumer report" means any written, oral or other
communication of information bearing on a natural person's
credit worthiness, credit standing, credit capacity,
character, general reputation, personal characteristics or
mode of living which is used or expected to be used in
connection with an insurance transaction.
(G) "Consumer reporting agency" means any person who:
(1) regularly engages, in whole or in part, in the
practice of assembling or preparing consumer reports for
a monetary fee,
(2) obtains information primarily from sources other
than insurance institutions, and
(3) furnishes consumer reports to other persons.
(H) "Control", including the terms "controlled by" or
"under common control with", means the possession, direct or
indirect, of the power to direct or cause the direction of
the management and policies of a person, whether through the
ownership of voting securities, by contract other than a
commercial contract for goods or nonmanagement services, or
otherwise, unless the power is the result of an official
position with or corporate office held by the person.
(I) "Declination of insurance coverage" means a denial,
in whole or in part, by an insurance institution or agent of
requested insurance coverage.
(J) "Individual" means any natural person who:
(1) in the case of property or casualty insurance,
is a past, present or proposed named insured or
certificateholder;
(2) in the case of life, health or disability
insurance, is a past, present or proposed principal
insured or certificateholder;
(3) is a past, present or proposed policyowner;
(4) is a past or present applicant;
(5) is a past or present claimant; or
(6) derived, derives or is proposed to derive
insurance coverage under an insurance policy or
certificate subject to this Article.
(K) "Institutional source" means any person or
governmental entity that provides information about an
individual to an agent, insurance institution or
insurance-support organization, other than:
(1) an agent,
(2) the individual who is the subject of the
information, or
(3) a natural person acting in a personal capacity
rather than in a business or professional capacity.
(L) "Insurance institution" means any corporation,
association, partnership, reciprocal exchange, inter-insurer,
Lloyd's insurer, fraternal benefit society or other person
engaged in the business of insurance, health maintenance
organizations as defined in Section 2 of the Health
Maintenance Organization Act, medical service plans as
defined in Section 2 of the Medical Service Plan Act,
hospital service corporation under the Nonprofit Health Care
Service Plan Act, voluntary health services plans as defined
in Section 2 of the Voluntary Health Services Plans Act, and
dental service plans as defined in Section 4 of the Dental
Service Plan Act. "Insurance institution" shall not include
agents or insurance-support organizations.
(M) "Insurance-support organization" means:
(1) any person who regularly engages, in whole or in
part, in the practice of assembling or collecting
information about natural persons for the primary purpose
of providing the information to an insurance institution
or agent for insurance transactions, including:
(a) the furnishing of consumer reports or
investigative consumer reports to an insurance
institution or agent for use in connection with an
insurance transaction, or
(b) the collection of personal information
from insurance institutions, agents or other
insurance-support organizations for the purpose of
detecting or preventing fraud, material
misrepresentation or material nondisclosure in
connection with insurance underwriting or insurance
claim activity.
(2) Notwithstanding paragraph (1) above, the
following persons shall not be considered
"insurance-support organizations" for purposes of this
Article: agents, government institutions, insurance
institutions, medical care institutions and medical
professionals.
(N) "Insurance transaction" means any transaction
involving insurance primarily for personal, family or
household needs rather than business or professional needs
which entails:
(1) the determination of an individual's
eligibility for an insurance coverage, benefit or
payment, or
(2) the servicing of an insurance application,
policy, contract or certificate.
(O) "Investigative consumer report" means a consumer
report or portion thereof in which information about a
natural person's character, general reputation, personal
characteristics or mode of living is obtained through
personal interviews with the person's neighbors, friends,
associates, acquaintances or others who may have knowledge
concerning such items of information.
(P) "Medical-care institution" means any facility or
institution that is licensed to provide health care services
to natural persons, including but not limited to: hospitals,
skilled nursing facilities, home-health agencies, medical
clinics, rehabilitation agencies and public-health agencies
and health-maintenance organizations.
(Q) "Medical professional" means any person licensed or
certified to provide health care services to natural
persons, including but not limited to, a physician, dentist,
nurse, optometrist, chiropractor, naprapath, pharmacist,
physical or occupational therapist, psychiatric social
worker, speech therapist, clinical dietitian or clinical
psychologist.
(R) "Medical-record information" means personal
information which:
(1) relates to an individual's physical or mental
condition, medical history or medical treatment, and
(2) is obtained from a medical professional or
medical-care institution, from the individual, or from
the individual's spouse, parent or legal guardian.
(S) "Person" means any natural person, corporation,
association, partnership or other legal entity.
(T) "Personal information" means any individually
identifiable information gathered in connection with an
insurance transaction from which judgments can be made about
an individual's character, habits, avocations, finances,
occupation, general reputation, credit, health or any other
personal characteristics. "Personal information" includes an
individual's name and address and "medical-record
information" but does not include "privileged information".
(U) "Policyholder" means any person who:
(1) in the case of individual property or casualty
insurance, is a present named insured;
(2) in the case of individual life, health or
disability insurance, is a present policyowner; or
(3) in the case of group insurance which is
individually underwritten, is a present group
certificateholder.
(V) "Pretext interview" means an interview whereby a
person, in an attempt to obtain information about a natural
person, performs one or more of the following acts:
(1) pretends to be someone he or she is not,
(2) pretends to represent a person he or she is not
in fact representing,
(3) misrepresents the true purpose of the
interview, or
(4) refuses to identify himself or herself upon
request.
(W) "Privileged information" means any individually
identifiable information that: (1) relates to a claim for
insurance benefits or a civil or criminal proceeding
involving an individual, and (2) is collected in connection
with or in reasonable anticipation of a claim for insurance
benefits or civil or criminal proceeding involving an
individual; provided, however, information otherwise meeting
the requirements of this subsection shall nevertheless be
considered "personal information" under this Article if it is
disclosed in violation of Section 1014 of this Article.
(X) "Residual market mechanism" means an association,
organization or other entity described in Article XXXIII of
this Act, or Section 7-501 of The Illinois Vehicle Code.
(Y) "Termination of insurance coverage" or "termination
of an insurance policy" means either a cancellation or
nonrenewal of an insurance policy, in whole or in part, for
any reason other than the failure to pay a premium as
required by the policy.
(Z) "Unauthorized insurer" means an insurance institution
that has not been granted a certificate of authority by the
Director to transact the business of insurance in this State.
(Source: P.A. 90-7, eff. 6-10-97; 90-177, eff. 7-23-97;
90-372, eff. 7-1-98; revised 11-14-97.)
Section 101. The Comprehensive Health Insurance Plan Act
is amended by changing Section 8 as follows:
(215 ILCS 105/8) (from Ch. 73, par. 1308)
Sec. 8. Minimum benefits.
a. Availability. The Plan shall offer in an annually
renewable policy major medical expense coverage to every
eligible person who is not eligible for Medicare. Major
medical expense coverage offered by the Plan shall pay an
eligible person's covered expenses, subject to limit on the
deductible and coinsurance payments authorized under
paragraph (4) of subsection d of this Section, up to a
lifetime benefit limit of $1,000,000 per covered individual.
The maximum limit under this subsection shall not be altered
by the Board, and no actuarial equivalent benefit may be
substituted by the Board. Any person who otherwise would
qualify for coverage under the Plan, but is excluded because
he or she is eligible for Medicare, shall be eligible for any
separate Medicare supplement policy or policies which the
Board may offer.
b. Outline of benefits. Covered expenses shall be
limited to the usual and customary charge, including
negotiated fees, in the locality for the following services
and articles when prescribed by a physician and determined by
the Plan to be medically necessary for the following areas of
services, subject to such separate deductibles, co-payments,
exclusions, and other limitations on benefits as the Board
shall establish and approve, and the other provisions of this
Section:
(1) Hospital services.
(2) Professional services for the diagnosis or
treatment of injuries, illnesses or conditions, other
than dental and mental and nervous disorders as described
in paragraph (17), which are rendered by a physician, or
by other licensed professionals at the physician's
direction.
(3) (Blank).
(4) Drugs requiring a physician's prescription.
(5) Skilled nursing services of a licensed skilled
nursing facility for not more than 120 days during a
policy year.
(6) Services of a home health agency in accord with
a home health care plan, up to a maximum of 270 visits
per year.
(7) Services of a licensed hospice for not more
than 180 days during a policy year.
(8) Use of radium or other radioactive materials.
(9) Oxygen.
(10) Anesthetics.
(11) Orthoses and prostheses other than dental.
(12) Rental or purchase in accordance with Board
policies or procedures of durable medical equipment,
other than eyeglasses or hearing aids, for which there is
no personal use in the absence of the condition for which
it is prescribed.
(13) Diagnostic x-rays and laboratory tests.
(14) Oral surgery for excision of partially or
completely unerupted impacted teeth or the gums and
tissues of the mouth, when not performed in connection
with the routine extraction or repair of teeth, and oral
surgery and procedures, including orthodontics and
prosthetics necessary for craniofacial or maxillofacial
conditions and to correct congenital defects or injuries
due to accident.
(15) Physical, speech, and functional occupational
therapy as medically necessary and provided by
appropriate licensed professionals.
(16) Emergency and other medically necessary
transportation provided by a licensed ambulance service
to the nearest health care facility qualified to treat a
covered illness, injury, or condition, subject to the
provisions of the Emergency Medical Systems (EMS) Act.
(17) Outpatient services for diagnosis and
treatment of mental and nervous disorders provided that a
covered person shall be required to make a copayment not
to exceed 50% and that the Plan's payment shall not
exceed such amounts as are established by the Board.
(18) Human organ or tissue transplants specified by
the Board that are performed at a hospital designated by
the Board as a participating transplant center for that
specific organ or tissue transplant.
(19) Naprapathic services, as appropriate, provided
by a licensed naprapathic practitioner.
c. Exclusions. Covered expenses of the Plan shall not
include the following:
(1) Any charge for treatment for cosmetic purposes
other than for reconstructive surgery when the service is
incidental to or follows surgery resulting from injury,
sickness or other diseases of the involved part or
surgery for the repair or treatment of a congenital
bodily defect to restore normal bodily functions.
(2) Any charge for care that is primarily for rest,
custodial, educational, or domiciliary purposes.
(3) Any charge for services in a private room to
the extent it is in excess of the institution's charge
for its most common semiprivate room, unless a private
room is prescribed as medically necessary by a physician.
(4) That part of any charge for room and board or
for services rendered or articles prescribed by a
physician, dentist, or other health care personnel that
exceeds the reasonable and customary charge in the
locality or for any services or supplies not medically
necessary for the diagnosed injury or illness.
(5) Any charge for services or articles the
provision of which is not within the scope of licensure
of the institution or individual providing the services
or articles.
(6) Any expense incurred prior to the effective
date of coverage by the Plan for the person on whose
behalf the expense is incurred.
(7) Dental care, dental surgery, dental treatment
or dental appliances, except as provided in paragraph
(14) of subsection b of this Section.
(8) Eyeglasses, contact lenses, hearing aids or
their fitting.
(9) Illness or injury due to acts of war.
(10) Services of blood donors and any fee for
failure to replace the first 3 pints of blood provided to
a covered person each policy year.
(11) Personal supplies or services provided by a
hospital or nursing home, or any other nonmedical or
nonprescribed supply or service.
(12) Routine maternity charges for a pregnancy,
except where added as optional coverage with payment of
an additional premium for pregnancy resulting from
conception occurring after the effective date of the
optional coverage.
(13) (Blank).
(14) Any expense or charge for services, drugs, or
supplies that are: (i) not provided in accord with
generally accepted standards of current medical practice;
(ii) for procedures, treatments, equipment, transplants,
or implants, any of which are investigational,
experimental, or for research purposes; (iii)
investigative and not proven safe and effective; or (iv)
for, or resulting from, a gender transformation
operation.
(15) Any expense or charge for routine physical
examinations or tests.
(16) Any expense for which a charge is not made in
the absence of insurance or for which there is no legal
obligation on the part of the patient to pay.
(17) Any expense incurred for benefits provided
under the laws of the United States and this State,
including Medicare and Medicaid and other medical
assistance, military service-connected disability
payments, medical services provided for members of the
armed forces and their dependents or employees of the
armed forces of the United States, and medical services
financed on behalf of all citizens by the United States.
(18) Any expense or charge for in vitro
fertilization, artificial insemination, or any other
artificial means used to cause pregnancy.
(19) Any expense or charge for oral contraceptives
used for birth control or any other temporary birth
control measures.
(20) Any expense or charge for sterilization or
sterilization reversals.
(21) Any expense or charge for weight loss
programs, exercise equipment, or treatment of obesity,
except when certified by a physician as morbid obesity
(at least 2 times normal body weight).
(22) Any expense or charge for acupuncture
treatment unless used as an anesthetic agent for a
covered surgery.
(23) Any expense or charge for or related to organ
or tissue transplants other than those performed at a
hospital with a Board approved organ transplant program
that has been designated by the Board as a preferred or
exclusive provider organization for that specific organ
or tissue transplant.
(24) Any expense or charge for procedures,
treatments, equipment, or services that are provided in
special settings for research purposes or in a controlled
environment, are being studied for safety, efficiency,
and effectiveness, and are awaiting endorsement by the
appropriate national medical speciality college for
general use within the medical community.
d. Deductibles and coinsurance.
The Plan coverage defined in Section 6 shall provide for
a choice of deductibles per individual as authorized by the
Board. If 2 individual members of the same family household,
who are both covered persons under the Plan, satisfy the same
applicable deductibles, no other member of that family who is
also a covered person under the Plan shall be required to
meet any deductibles for the balance of that calendar year.
The deductibles must be applied first to the authorized
amount of covered expenses incurred by the covered person. A
mandatory coinsurance requirement shall be imposed at the
rate authorized by the Board in excess of the mandatory
deductible, the coinsurance in the aggregate not to exceed
such amounts as are authorized by the Board per annum. At
its discretion the Board may, however, offer catastrophic
coverages or other policies that provide for larger
deductibles with or without coinsurance requirements. The
deductibles and coinsurance factors may be adjusted annually
according to the Medical Component of the Consumer Price
Index.
e. Scope of coverage.
(1) In approving any of the benefit plans to be offered
by the Plan, the Board shall establish such benefit levels,
deductibles, coinsurance factors, exclusions, and limitations
as it may deem appropriate and that it believes to be
generally reflective of and commensurate with health
insurance coverage that is provided in the individual market
in this State.
(2) The benefit plans approved by the Board may also
provide for and employ various cost containment measures and
other requirements including, but not limited to,
preadmission certification, prior approval, second surgical
opinions, concurrent utilization review programs, individual
case management, preferred provider organizations, health
maintenance organizations, and other cost effective
arrangements for paying for covered expenses.
f. Preexisting conditions.
(1) Except for federally eligible individuals
qualifying for Plan coverage under Section 15 of this Act
or eligible persons who qualify for and elect to purchase
the waiver authorized in paragraph (3) of this
subsection, plan coverage shall exclude charges or
expenses incurred during the first 6 months following the
effective date of coverage as to any condition if: (a)
the condition had manifested itself within the 6 month
period immediately preceding the effective date of
coverage in such a manner as would cause an ordinarily
prudent person to seek diagnosis, care or treatment; or
(b) medical advice, care or treatment was recommended or
received within the 6 month period immediately preceding
the effective date of coverage.
(2) (Blank).
(3) Waiver: The preexisting condition exclusions as
set forth in paragraph (1) of this subsection shall be
waived to the extent to which the eligible person: (a)
has satisfied similar exclusions under any prior health
insurance coverage or group health plan that was
involuntarily terminated; (b) is ineligible for any
continuation coverage that would continue or provide
substantially similar coverage following that
termination; and (c) has applied for Plan coverage not
later than 30 days following the involuntary termination.
No policy or plan shall be deemed to have been
involuntarily terminated if the master policyholder or
other controlling party elected to change insurance
coverage from one health insurance issuer or group health
plan to another even if that decision resulted in a
discontinuation of coverage for any individual under the
plan, either totally or for any medical condition. For
each eligible person who qualifies for and elects this
waiver, there shall be added to each payment of premium,
on a prorated basis, a surcharge of up to 10% of the
otherwise applicable annual premium for as long as that
individual's coverage under the Plan remains in effect or
60 months, whichever is less.
g. Other sources primary; nonduplication of benefits.
(1) The Plan shall be the last payor of benefits
whenever any other benefit or source of third party
payment is available. Subject to the provisions of
subsection e of Section 7, benefits otherwise payable
under Plan coverage shall be reduced by all amounts paid
or payable by Medicare or any other government program or
through any health insurance or group health plan,
whether by insurance, reimbursement, or otherwise, or
through any third party liability, settlement, judgment,
or award, regardless of the date of the settlement,
judgment, or award, whether the settlement, judgment, or
award is in the form of a contract, agreement, or trust
on behalf of a minor or otherwise and whether the
settlement, judgment, or award is payable to the covered
person, his or her dependent, estate, personal
representative, or guardian in a lump sum or over time,
and by all hospital or medical expense benefits paid or
payable under any worker's compensation coverage,
automobile medical payment, or liability insurance,
whether provided on the basis of fault or nonfault, and
by any hospital or medical benefits paid or payable under
or provided pursuant to any State or federal law or
program.
(2) The Plan shall have a cause of action against
any covered person or any other person or entity for the
recovery of any amount paid to the extent the amount was
for treatment, services, or supplies not covered in this
Section or in excess of benefits as set forth in this
Section.
(3) Whenever benefits are due from the Plan because
of sickness or an injury to a covered person resulting
from a third party's wrongful act or negligence and the
covered person has recovered or may recover damages from
a third party or its insurer, the Plan shall have the
right to reduce benefits or to refuse to pay benefits
that otherwise may be payable by the amount of damages
that the covered person has recovered or may recover
regardless of the date of the sickness or injury or the
date of any settlement, judgment, or award resulting from
that sickness or injury.
During the pendency of any action or claim that is
brought by or on behalf of a covered person against a
third party or its insurer, any benefits that would
otherwise be payable except for the provisions of this
paragraph (3) shall be paid if payment by or for the
third party has not yet been made and the covered person
or, if incapable, that person's legal representative
agrees in writing to pay back promptly the benefits paid
as a result of the sickness or injury to the extent of
any future payments made by or for the third party for
the sickness or injury. This agreement is to apply
whether or not liability for the payments is established
or admitted by the third party or whether those payments
are itemized.
Any amounts due the plan to repay benefits may be
deducted from other benefits payable by the Plan after
payments by or for the third party are made.
(4) Benefits due from the Plan may be reduced or
refused as an offset against any amount otherwise
recoverable under this Section.
h. Right of subrogation; recoveries.
(1) Whenever the Plan has paid benefits because of
sickness or an injury to any covered person resulting
from a third party's wrongful act or negligence, or for
which an insurer is liable in accordance with the
provisions of any policy of insurance, and the covered
person has recovered or may recover damages from a third
party that is liable for the damages, the Plan shall have
the right to recover the benefits it paid from any
amounts that the covered person has received or may
receive regardless of the date of the sickness or injury
or the date of any settlement, judgment, or award
resulting from that sickness or injury. The Plan shall
be subrogated to any right of recovery the covered person
may have under the terms of any private or public health
care coverage or liability coverage, including coverage
under the Workers' Compensation Act or the Workers'
Occupational Diseases Act, without the necessity of
assignment of claim or other authorization to secure the
right of recovery. To enforce its subrogation right, the
Plan may (i) intervene or join in an action or proceeding
brought by the covered person or his personal
representative, including his guardian, conservator,
estate, dependents, or survivors, against any third party
or the third party's insurer that may be liable or (ii)
institute and prosecute legal proceedings against any
third party or the third party's insurer that may be
liable for the sickness or injury in an appropriate court
either in the name of the Plan or in the name of the
covered person or his personal representative, including
his guardian, conservator, estate, dependents, or
survivors.
(2) If any action or claim is brought by or on
behalf of a covered person against a third party or the
third party's insurer, the covered person or his personal
representative, including his guardian, conservator,
estate, dependents, or survivors, shall notify the Plan
by personal service or registered mail of the action or
claim and of the name of the court in which the action or
claim is brought, filing proof thereof in the action or
claim. The Plan may, at any time thereafter, join in the
action or claim upon its motion so that all orders of
court after hearing and judgment shall be made for its
protection. No release or settlement of a claim for
damages and no satisfaction of judgment in the action
shall be valid without the written consent of the Plan to
the extent of its interest in the settlement or judgment
and of the covered person or his personal representative.
(3) In the event that the covered person or his
personal representative fails to institute a proceeding
against any appropriate third party before the fifth
month before the action would be barred, the Plan may, in
its own name or in the name of the covered person or
personal representative, commence a proceeding against
any appropriate third party for the recovery of damages
on account of any sickness, injury, or death to the
covered person. The covered person shall cooperate in
doing what is reasonably necessary to assist the Plan in
any recovery and shall not take any action that would
prejudice the Plan's right to recovery. The Plan shall
pay to the covered person or his personal representative
all sums collected from any third party by judgment or
otherwise in excess of amounts paid in benefits under the
Plan and amounts paid or to be paid as costs, attorneys
fees, and reasonable expenses incurred by the Plan in
making the collection or enforcing the judgment.
(4) In the event that a covered person or his
personal representative, including his guardian,
conservator, estate, dependents, or survivors, recovers
damages from a third party for sickness or injury caused
to the covered person, the covered person or the personal
representative shall pay to the Plan from the damages
recovered the amount of benefits paid or to be paid on
behalf of the covered person.
(5) When the action or claim is brought by the
covered person alone and the covered person incurs a
personal liability to pay attorney's fees and costs of
litigation, the Plan's claim for reimbursement of the
benefits provided to the covered person shall be the full
amount of benefits paid to or on behalf of the covered
person under this Act less a pro rata share that
represents the Plan's reasonable share of attorney's fees
paid by the covered person and that portion of the cost
of litigation expenses determined by multiplying by the
ratio of the full amount of the expenditures to the full
amount of the judgement, award, or settlement.
(6) In the event of judgment or award in a suit or
claim against a third party or insurer, the court shall
first order paid from any judgement or award the
reasonable litigation expenses incurred in preparation
and prosecution of the action or claim, together with
reasonable attorney's fees. After payment of those
expenses and attorney's fees, the court shall apply out
of the balance of the judgment or award an amount
sufficient to reimburse the Plan the full amount of
benefits paid on behalf of the covered person under this
Act, provided the court may reduce and apportion the
Plan's portion of the judgement proportionate to the
recovery of the covered person. The burden of producing
evidence sufficient to support the exercise by the court
of its discretion to reduce the amount of a proven charge
sought to be enforced against the recovery shall rest
with the party seeking the reduction. The court may
consider the nature and extent of the injury, economic
and non-economic loss, settlement offers, comparative
negligence as it applies to the case at hand, hospital
costs, physician costs, and all other appropriate costs.
The Plan shall pay its pro rata share of the attorney
fees based on the Plan's recovery as it compares to the
total judgment. Any reimbursement rights of the Plan
shall take priority over all other liens and charges
existing under the laws of this State with the exception
of any attorney liens filed under the Attorneys Lien Act.
(7) The Plan may compromise or settle and release
any claim for benefits provided under this Act or waive
any claims for benefits, in whole or in part, for the
convenience of the Plan or if the Plan determines that
collection would result in undue hardship upon the
covered person.
(Source: P.A. 89-486, eff. 6-21-96; 90-7, eff. 6-10-97;
90-30, eff, 7-1-97; revised 8-7-97.)
Section 102. The Health Care Purchasing Group Act is
amended by changing Section 15 as follows:
(215 ILCS 123/15)
Sec. 15. Health care purchasing groups; membership;
formation.
(a) An HPG may be an organization formed by 2 or more
employers with no more than 2,500 covered individuals, an HPG
sponsor or a risk-bearer for purposes of contracting for
health insurance under this Act to cover employees and
dependents of HPG members. An HPG shall not be prevented
from supplementing health insurance coverage purchased under
this Act by contracting for services from entities licensed
and authorized in Illinois to provide those services under
the Dental Service Plan Act, the Limited Health Service
Organization Act, Vision Service Plan Act, or Voluntary
Health Services Plans Act. An HPG may be a separate legal
entity or simply a group of 2 or more employers with no more
than 2,500 covered individuals aggregated under this Act by
an HPG sponsor or risk-bearer for insurance purposes. There
shall be no limit as to the number of HPGs that may operate
in any geographic area of the State. No insurance risk may
be borne or retained by the HPG. All health insurance
contracts issued to the HPG must be delivered or issued for
delivery in Illinois.
(b) Members of an HPG must be Illinois domiciled
employers, except that an employer domiciled elsewhere may
become a member of an Illinois HPG for the sole purpose of
insuring its employees whose place of employment is located
within this State. HPG membership may include employers
having no more than 2,500 covered individuals.
(c) If an HPG is formed by any 2 or more employers with
no more than 2,500 covered individuals, it is authorized to
negotiate, solicit, market, obtain proposals for, and enter
into group or master health insurance contracts on behalf of
its members and their employees and employee dependents so
long as it meets all of the following requirements:
(1) The HPG must be an organization having the
legal capacity to contract and having its legal situs in
Illinois.
(2) The principal persons responsible for the
conduct of the HPG must perform their HPG related
functions in Illinois.
(3) No HPG may collect premium in its name or hold
or manage premium or claim fund accounts unless duly
licensed and qualified as a managing general agent
pursuant to Section 141a of the Illinois Insurance Code
or a third party administrator pursuant to Section
511.105 of the Illinois Insurance Code.
(4) If the HPG gives an offer, application, notice,
or proposal of insurance to an employer, it must disclose
to that employer the total cost of the insurance. Dues,
fees, or charges to be paid to the HPG, HPG sponsor, or
any other entity as a condition to purchasing the
insurance must be itemized. The HPG shall also disclose
to its members the amount of any dividends, experience
refunds, or other such payments it receives from the
risk-bearer.
(5) An HPG must register with the Director before
entering into a group or master health insurance contract
on behalf of its members and must renew the registration
annually on forms and at times prescribed by the Director
in rules specifying, at minimum, (i) the identity of the
officers and directors, trustees, or attorney-in-fact of
the HPG; (ii) a certification that those persons have not
been convicted of any felony offense involving a breach
of fiduciary duty or improper manipulation of accounts;
and (iii) the number of employer members then enrolled in
the HPG, together with any other information that may be
needed to carry out the purposes of this Act.
(6) At the time of initial registration and each
renewal thereof an HPG shall pay a fee of $100 to the
Director.
(d) If an HPG is formed by an HPG sponsor or risk-bearer
and the HPG performs no marketing, negotiation, solicitation,
or proposing of insurance to HPG members, exclusive of
ministerial acts performed by individual employers to service
their own employees, then a group or master health insurance
contract may be issued in the name of the HPG and held by an
HPG sponsor, risk-bearer, or designated employer member
within the State. In these cases the HPG requirements
specified in subsection (c) shall not be applicable, however:
(1) the group or master health insurance contract
must contain a provision permitting the contract to be
enforced through legal action initiated by any employer
member or by an employee of an HPG member who has paid
premium for the coverage provided;
(2) the group or master health insurance contract
must be available for inspection and copying by any HPG
member, employee, or insured dependent at a designated
location within the State at all normal business hours;
and
(3) any information concerning HPG membership
required by rule under item (5) of subsection (c) must be
provided by the HPG sponsor in its registration and
renewal forms or by the risk-bearer in its annual
reports.
(Source: P.A. 90-337, eff. 1-1-98; revised 1-21-98.)
Section 103. The Health Maintenance Organization Act is
amended by changing Sections 1-2, 3-1, 4-6.1, 5-3, 5-6, and
6-8 and setting forth and renumbering multiple versions of
Section 4-17 as follows:
(215 ILCS 125/1-2) (from Ch. 111 1/2, par. 1402)
Sec. 1-2. Definitions. As used in this Act, unless the
context otherwise requires, the following terms shall have
the meanings ascribed to them:
(1) "Advertisement" means any printed or published
material, audiovisual material and descriptive literature of
the health care plan used in direct mail, newspapers,
magazines, radio scripts, television scripts, billboards and
similar displays; and any descriptive literature or sales
aids of all kinds disseminated by a representative of the
health care plan for presentation to the public including,
but not limited to, circulars, leaflets, booklets,
depictions, illustrations, form letters and prepared sales
presentations.
(2) "Director" means the Director of Insurance.
(3) "Basic health care services" means emergency care,
and inpatient hospital and physician care, outpatient medical
services, mental health services and care for alcohol and
drug abuse, including any reasonable deductibles and
co-payments, all of which are subject to such limitations as
are determined by the Director pursuant to rule.
(4) "Enrollee" means an individual who has been enrolled
in a health care plan.
(5) "Evidence of coverage" means any certificate,
agreement, or contract issued to an enrollee setting out the
coverage to which he is entitled in exchange for a per capita
prepaid sum.
(6) "Group contract" means a contract for health care
services which by its terms limits eligibility to members of
a specified group.
(7) "Health care plan" means any arrangement whereby any
organization undertakes to provide or arrange for and pay for
or reimburse the cost of basic health care services from
providers selected by the Health Maintenance Organization and
such arrangement consists of arranging for or the provision
of such health care services, as distinguished from mere
indemnification against the cost of such services, except as
otherwise authorized by Section 2-3 of this Act, on a per
capita prepaid basis, through insurance or otherwise. A
"health care plan" also includes any arrangement whereby an
organization undertakes to provide or arrange for or pay for
or reimburse the cost of any health care service for persons
who are enrolled in the integrated health care program
established under Section 5-16.3 of the Illinois Public Aid
Code through providers selected by the organization and the
arrangement consists of making provision for the delivery of
health care services, as distinguished from mere
indemnification. A "health care plan" also includes any
arrangement pursuant to Section 4-17. Nothing in this
definition, however, affects the total medical services
available to persons eligible for medical assistance under
the Illinois Public Aid Code.
(8) "Health care services" means any services included
in the furnishing to any individual of medical or dental
care, or the hospitalization or incident to the furnishing of
such care or hospitalization as well as the furnishing to any
person of any and all other services for the purpose of
preventing, alleviating, curing or healing human illness or
injury.
(9) "Health Maintenance Organization" means any
organization formed under the laws of this or another state
to provide or arrange for one or more health care plans under
a system which causes any part of the risk of health care
delivery to be borne by the organization or its providers.
(10) "Net worth" means admitted assets, as defined in
Section 1-3 of this Act, minus liabilities.
(11) "Organization" means any insurance company, or a
nonprofit corporation authorized under the Medical Service
Plan Act, the Dental Service Plan Act or, the Voluntary
Health Services Plans Act or the Non-profit Health Care
Service Plan Act, or a corporation organized under the laws
of this or another state for the purpose of operating one or
more health care plans and doing no business other than that
of a Health Maintenance Organization or an insurance company.
"Organization" shall also mean the University of Illinois
Hospital as defined in the University of Illinois Hospital
Act.
(12) "Provider" means any physician, hospital facility,
or other person which is licensed or otherwise authorized to
furnish health care services and also includes any other
entity that arranges for the delivery or furnishing of health
care service.
(13) "Producer" means a person directly or indirectly
associated with a health care plan who engages in
solicitation or enrollment.
(14) "Per capita prepaid" means a basis of prepayment by
which a fixed amount of money is prepaid per individual or
any other enrollment unit to the Health Maintenance
Organization or for health care services which are provided
during a definite time period regardless of the frequency or
extent of the services rendered by the Health Maintenance
Organization, except for copayments and deductibles and
except as provided in subsection (f) of Section 5-3 of this
Act.
(15) "Subscriber" means a person who has entered into a
contractual relationship with the Health Maintenance
Organization for the provision of or arrangement of at least
basic health care services to the beneficiaries of such
contract.
(Source: P.A. 89-90, eff. 6-30-95; 90-177, eff. 7-23-97;
90-372, eff. 7-1-98; 90-376, eff. 8-14-97; revised 11-14-97.)
(215 ILCS 125/3-1) (from Ch. 111 1/2, par. 1407.3)
Sec. 3-1. Investment Regulations.
(a) Any Health Maintenance Organization may invest its
funds as provided in this Section and not otherwise. A
Health Maintenance Organization that is organized as an
insurance company may also acquire the investment assets
authorized for an insurance company pursuant to the laws
applicable to an insurance company in the organization's
state of domicile. Notwithstanding the provisions of this
Section, the Director may, after notice and hearing, order an
organization to limit or withdraw from certain investments,
or discontinue certain investment practices, to the extent
the Director finds that such investments or investment
practices are hazardous to the financial condition of the
organization.
(b) No investment or loan shall be made or engaged in by
any Health Maintenance Organization unless the same have been
authorized or ratified by the board of directors or by a
committee thereof charged with the duty of supervising
investments and loans. Nothing contained in this subsection
shall prevent the board of directors of any such organization
from depositing any of its securities with a committee
appointed for the purpose of protecting the interest of
security holders or with the authorities of any state where
it is necessary to do so in order to secure permission to
transact its appropriate business therein, and nothing
contained in this subsection shall prevent the board of
directors of such organization from depositing any securities
as collateral for the securing of any bond required for the
business of the organization.
(c) No Health Maintenance Organization shall pay any
commission or brokerage for the purchase or sale of property
whether real or personal, in excess of that usual and
customary at the time and in the locality where such
purchases or sales are made, and information regarding
payments of commissions and brokerage shall be maintained.
(d) No such Health Maintenance Organization shall
knowingly invest in or loan upon any property, directly or
indirectly, whether real or personal, in which any officer or
director of such organization has a financial interest, nor
shall any such organization make a loan of any kind to any
officer or director of such organization, except that this
subsection shall not apply in circumstances where the
financial interest of such officer or director is only
nominal, trifling or so remote as not to give rise to a
conflict of interest. In any case, the Director may approve
a transaction between such organization and its officers or
directors under this subsection if he is satisfied that (i)
the transaction is entered into in good faith for the
advantage and benefit of the organization, (ii) the amount of
the proposed investment or loan does not violate any other
provision of this Section nor exceed the reasonable, normal
value of the property or the interest which the organization
proposes to acquire, and that the transaction is otherwise
fair and reasonable, and (iii) the transaction will not
adversely affect, to any substantial degree, the liquidity of
the organization's investment or its ability thereafter to
comply with requirements of this Act or the payment of its
claims and obligations.
(e) In applying the percentage limitations imposed by
this Section there shall be used as a base the total of all
assets which would be admitted by this Section without regard
to percentage limitations. All legal measurements used as a
base in the determination of all investment qualifications
shall consist of the amounts determined at the most recent
year end adjusted for subsequent acquisition and disposition
of investments.
(f) Valuation of investments. Investments shall be
valued in accordance with the published valuation standards
of the National Association of Insurance Commissioners.
Securities investments as to which the National Association
of Insurance Commissioners has not published valuation
standards in its Valuations of Securities manual or its
successor publication shall be valued as follows:
(1) All obligations having a fixed term and rate shall,
if not in default as to principal or interest, be valued as
follows: if purchased at par, at the par value; if purchased
above or below par, on the basis of the purchase price
adjusted so as to bring the value to par at maturity and so
as to yield in the meantime the effective rate of interest at
which the purchase was made;
(2) Common, preferred or guaranteed stocks shall be
valued at market value.
(3) Other security investments shall be valued in
accordance with regulations promulgated by the Director
pursuant to paragraph (6) of this subsection.
(4) Other investments, including real property, shall be
valued in accordance with regulations promulgated by the
Director pursuant to paragraph (6) of this subsection, but in
no event shall such other investments be valued at more than
the purchase price. The purchase price for real property
includes capitalized permanent improvements, less
depreciation spread evenly over the life of the property or,
at the option of the company, less depreciation computed on
any basis permitted under the Internal Revenue Code and
regulations thereunder. Such investments that have been
affected by permanent declines in value shall be valued at
not more than market value.
(5) Any investment, including real property, not
purchased by the Health Maintenance Organization but acquired
in satisfaction of a debt or otherwise shall be valued in
accordance with the applicable procedures for that type of
investment contained in this subsection. For purposes of
applying the valuation procedures, the purchase price shall
be deemed to be the market value at the time the investment
is acquired or, in the case of any investment acquired in
satisfaction of debt, the amount of the debt, including
interest, taxes and expenses, whichever amount is less.
(6) The Director shall promulgate rules and regulations
for determining and calculating values to be used in
financial statements submitted to the Department for
investments.
(g) Definitions. As used in this Section, unless the
context otherwise requires.
(1) "Business Corporation" means corporations organized
for other than not for profit purposes.
(2) "Business Entity" includes sole proprietorships,
corporations, associations, partnerships and business trusts.
(3) "Bank or Trust Company" means any bank or trust
company organized under the laws of the United States or any
State thereof if said bank or trust company is regularly
examined pursuant to such laws and said bank or trust company
has the insurance protection afforded by an agency of the
United States government.
(4) "Capital" means capital stock paid-up, if any, and
its use in a provision does not imply that a non-profit
Health Maintenance Organization without stated capital stock
is excluded from the provision. The capital of such an
organization will be zero.
(5) "Direct" when used in connection with "obligation"
means that the designated obligor shall be primarily liable
on the instrument representing the obligation.
(6) "Facility" means and includes real estate and any
and all forms of tangible personal property and services used
constituting an operating unit.
(7) "Guaranteed or insured" means that the guarantor or
insurer will perform or insure the obligation of the obligor
or will purchase the obligation to the extent of the guaranty
or insurance.
(8) "Mortgage" shall include a trust deed or other lien
on real property securing an obligation for the payment of
money.
(9) "Servicer" means a business entity that has a
contractual obligation to service a pool of mortgage loans.
The service provided shall include, but is not limited to,
collection of principal and interest, keeping the accounts
current, maintaining or confirming in force hazard insurance
and tax status and providing supportive accounting services.
(10) "Single credit risk" means the direct, guaranteed
or insured obligations of any one business entity including
affiliates thereof.
(11) "Surplus" means the amount properly shown as total
net worth on a company's balance sheet, plus all voluntary
reserves, but not including capital paid-up.
(12) "Tangible net worth" means the par value of all
issued and outstanding capital stock of a corporation (or in
the case of shares having no par value, the stated value) and
the amounts of all surplus accounts less the sum of (a) such
intangible assets as deferred charges, organization and
development expense, discount and expense incurred in
securing capital, good will, trade-marks, trade-names and
patents, (b) leasehold improvements, and (c) any reserves
carried by the corporation and not otherwise deducted from
assets.
(13) "Unconditional" when used in connection with
"obligation" means that nothing remains to be done or to
occur to make the designated obligor liable on the
instrument, and that the legal holder shall have the status
at least equal to that of general creditor of the obligor.
(h) Authorized investments. Any Health Maintenance
Organization, except those organized as an insurance company,
may acquire the assets set forth in paragraphs 1 through 17,
inclusive. A Health Maintenance Organization that is
organized as an insurance company may acquire the investment
assets authorized for an insurance company pursuant to the
laws applicable to an insurance company in the organization's
state of domicile. Any restriction, exclusion or provision
appearing in any paragraph shall apply only with respect to
the authorization of the particular paragraph in which it
appears and shall not constitute a general prohibition and
shall not be applicable to any other paragraph. The
qualifications or disqualifications of an investment under
one paragraph shall not prevent its qualification in whole or
in part under another paragraph, and an investment authorized
by more than one paragraph may be held under whichever
authorizing paragraph the organization elects. An investment
which qualified under any paragraph at the time it was
acquired or entered into by an organization shall continue to
be qualified under that paragraph. An investment in whole or
in part may be transferred from time to time, at the election
of the organization, to the authority of any paragraph under
which it qualifies, whether originally qualifying thereunder
or not.
(1) Direct obligations of the United States for the
payment of money, or obligations for the payment of money to
the extent guaranteed or insured as to the payment of
principal and interest by the United States.
(2) Direct obligations for the payment of money, issued
by an agency or instrumentality of the United States, or
obligations for the payment of money to the extent guaranteed
or insured as to the payment of principal and interest by an
agency or instrumentality of the United States.
(3) Direct, general obligations of any state of the
United States for the payment of money, or obligations for
the payment of money to the extent guaranteed or insured as
to the payment of principal and interest by any state of the
United States, on the following conditions:
(i) Such state has the power to levy taxes for the
prompt payment of the principal and interest of such
obligations; and
(ii) Such state shall not be in default in the payment
of principal or interest on any of its direct, guaranteed or
insured obligations at the date of such investment.
(4) Direct, general obligations of any political
subdivision of any state of the United States for the payment
of money, or obligations for the payment of money to the
extent guaranteed as to the payment of principal and interest
by any political subdivision of any state of the United
States, on the following conditions:
(i) The obligations are payable or guaranteed from ad
valorem taxes;
(ii) Such political subdivision is not in default in the
payment of principal or interest on any of its direct or
guaranteed obligations;
(iii) No investment shall be made under this paragraph
in obligations which are secured only by special assessments
for local improvements; and
(iv) An organization shall not invest under this
paragraph more than 2% of its admitted assets in obligations
issued or guaranteed by any one such political subdivision.
(5) Anticipation obligations of any political
subdivision of any state of the United States, including but
not limited to bond anticipation notes, tax anticipation
notes and construction anticipation notes, for the payment of
money within 12 months from the issuance of the obligation,
on the following conditions:
(i) Such anticipation notes must be a direct obligation
of the issuer under conditions set forth in paragraph 4;
(ii) Such political subdivision is not in default in the
payment of the principal or interest on any of its direct
general obligations or any obligation guaranteed by such
political subdivision;
(iii) The anticipated funds must be specifically pledged
to secure the obligation;
(iv) An organization shall not invest under this
paragraph more than 2% of its admitted assets in the
anticipation obligations issued by any one such political
subdivision.
(6) Obligations of any state of the United States, a
political subdivision thereof, or a public instrumentality of
any one or more of the foregoing, for the payment of money,
on the following conditions:
(i) The obligations are payable from revenues or
earnings of a public utility of such state, political
subdivision, or public instrumentality which are specifically
pledged therefor;
(ii) The law under which the obligations are issued
requires such rates for service shall be charged and
collected at all times that they will produce sufficient
revenue or earnings together with any other revenues or
moneys pledged to pay all operating and maintenance charges
of the public utility and all principal and interest on such
obligations;
(iii) No prior or parity obligations payable from the
revenues or earnings of that public utility are in default at
the date of such investment;
(iv) An organization shall not invest more than 20% of
its admitted assets under this paragraph; and
(v) An organization shall not invest under this Section
more than 2% of its admitted assets in the revenue
obligations issued in connection with any one facility.
(7) Obligations of any state of the United States, a
political subdivision thereof, or a public instrumentality of
any of the foregoing, for the payment of money, on the
following conditions:
(i) The obligations are payable from revenues or
earnings, excluding revenues or earnings from public
utilities, specifically pledged therefor by such state,
political subdivision or public instrumentality;
(ii) No prior or parity obligation of the same issuer
payable from revenues or earnings from the same source has
been in default as to principal or interest during the 5
years next preceding the date of such investment, but such
issuer need not have been in existence for that period, and
obligations acquired under this paragraph may be newly
issued;
(iii) An organization shall not invest in excess of 20%
of its admitted assets under this paragraph; and
(iv) An organization shall not invest under this
paragraph more than 2% of its admitted assets in the revenue
obligations issued in connection with any one facility;
(v) An organization shall not invest under this
paragraph more than 2% of its admitted assets in revenue
obligations payable from revenue or earning sources which are
the contractual responsibility of any one single credit risk.
(8) Direct, unconditional obligations of a solvent
business corporation for the payment of money, including
obligations to pay rent for equipment used in its business or
obligations for the payment of money to the extent guaranteed
or insured as to the payment of principal and interest by any
solvent business corporation, on the following conditions:
(i) The corporation shall be incorporated under the laws
of the United States or any state of the United States;
(ii) The corporation shall have tangible net worth of
not less than $1,000,000;
(iii) No such obligation, guarantee or insurance of the
corporation has been in default as to principal or interest
during the 5 years preceding the date of investment, but the
corporation need not have had obligations guarantees or
insurance outstanding during that period and need not have
been in existence for that period, and obligations acquired
under this paragraph may be newly issued;
(iv) An organization shall not invest more than 2% of
its admitted assets in obligations issued, guaranteed or
insured by any one such corporation;
(v) An organization may invest under this paragraph up
to an additional 2% of its admitted assets in obligations
which (i) are issued, guaranteed or insured by any one or
more such corporations, each having a tangible net worth of
not less than $25,000,000 and (ii) mature within 12 months
from the date of acquisition;
(vi) An organization may invest not more than 1/2 of 1%
of its admitted assets in such obligations of corporations
which do not meet the condition of subparagraph (ii) of this
paragraph; and
(vii) An organization shall not invest more than 75% of
its admitted assets under this paragraph.
(9) Direct, unconditional obligations for the payment of
money issued or obligations for the payment of money to the
extent guaranteed as to principal and interest by a solvent
not for profit corporation, on the following conditions:
(i) The corporation shall be incorporated under the laws
of the United States or of any state of the United States;
(ii) The corporation shall have been in existence for at
least 5 years and shall have assets of at least $2,000,000;
(iii) Revenues or other income from such assets and the
services or commodities dispensed by the corporation shall be
pledged for the payment of the obligations or guarantees;
(iv) No such obligation or guarantee of the corporation
has been in default as to principal or interest during the 5
years next preceding the date of such investment, but the
corporation need not have had obligations or guarantees
outstanding during that period and obligations which are
acquired under this paragraph on may be newly issued;
(v) An organization shall not invest more than 15% of
its admitted assets under this paragraph; and
(vi) An organization shall not invest under this
paragraph more than 2% of its admitted assets in the
obligations issued or guaranteed by any one such corporation.
(10) Direct, unconditional nondemand obligations for the
payment of money issued by a solvent bank, mutual savings
bank or trust company on the following conditions:
(i) The bank, mutual savings bank or trust company shall
be incorporated under the laws of the United States, or of
any state of the United States;
(ii) The bank, mutual savings bank or trust company
shall have tangible net worth of not less than $1,000,000;
(iii) Such obligations must be of the type which are
insured by an agency of the United States or have a maturity
of no more than 1 day;
(iv) An organization shall not invest under this
paragraph more than the amount which is fully insured by an
agency of the United States plus 2% of its admitted assets in
nondemand obligations issued by any one such financial
institution; and
(v) An organization may invest under this paragraph up
to an additional 8% of its admitted assets in nondemand
obligations which (1) are issued by any such banks, mutual
savings banks or trust companies, each having a tangible net
worth of not less than $25,000,000 and (2) mature within 12
months from the date of acquisition.
(11) Preferred or guaranteed stocks issued or guaranteed
by a solvent business corporation incorporated under the laws
of the United States or any state of the United States, on
the following conditions:
(i) The corporation shall have tangible net worth of not
less than $1,000,000;
(ii) If such stocks have been outstanding prior to
purchase, an organization shall not invest under this
paragraph in such stock if prescribed current or cumulative
dividends are in arrears;
(iii) An organization shall not invest more than 33 1/3%
of its admitted assets under this paragraph and an
organization shall not invest more than 15% of its admitted
assets under this paragraph in stocks which, at the time of
purchase, are not Sinking Fund Stocks. An issue of preferred
or guaranteed stock shall be a Sinking Fund Stock when (1)
such issue is subject to a 100% mandatory sinking fund or
similar arrangement which will provide for the redemption of
the entire issue over a period not longer than 40 years from
the date of purchase; (2) annual mandatory sinking fund
installments on each issue commence not more than 10 years
from the date of issue; and (3) each annual sinking fund
installment provides for the purchase or redemption of at
least 2 1/2% of the original number of shares of such issue;
and
(iv) An organization shall not invest under this
paragraph more than 2% of its admitted assets in the
preferred or guaranteed stocks of any one such corporation.
(12) Common stock issued by any solvent business
corporation incorporated under the laws of the United States,
or of any state of the United States, on the following
conditions:
(i) The issuing corporation must have tangible net worth
of $1,000,000 or more;
(ii) An organization may not invest more than an amount
equal to its net worth under this paragraph; and
(iii) An organization may not invest under this
paragraph an amount equal to more than 10% of its net worth
in the common stock of any one corporation.
(13) Shares of common stock or units of beneficial
interest issued by any solvent business corporation or trust
incorporated or organized under the laws of the United
States, or of any state of the United States, on the
following conditions:
(i) If the issuing corporation or trust is advised by an
investment advisor which is the organization or an affiliate
of the organization, the issuing corporation or trust shall
have net assets of $100,000 or more, or if the issuing
corporation or trust has an unaffiliated investment advisor,
the issuing corporation or trust shall have net assets of
$10,000,000 or more;
(ii) The issuing corporation or trust is registered as
an investment company with the Securities and Exchange
Commission under the Investment Company Act of 1940, as
amended;
(iii) An organization shall not invest under this
paragraph more than the greater of $100,000 or 10% of its
admitted assets in any one bond fund, municipal bond fund or
money market fund;
(iv) An organization shall not invest under this
paragraph more than 10% of its net worth in any one common
stock fund, balanced fund or income fund;
(v) An organization shall not invest more than 50% of
its admitted assets in bond funds, municipal bond funds and
money market funds under this paragraph; and
(vi) An organization's investments in common stock
funds, balanced funds or income funds when combined with its
investments in common stocks made under paragraph (12) shall
not exceed the aggregate limitation provided by subparagraph
(ii) of paragraph (12).
(14) Shares of, or accounts or deposits with savings and
loan associations or building and loan associations, on the
following conditions:
(i) The shares, accounts, or deposits, or investments in
any form legally issuable shall be of a withdrawable type and
issued by an association which has the insurance protection
afforded by the Federal Savings and Loan Insurance
Corporation; but nonwithdrawable accounts which are not
eligible for insurance by the Federal Savings and Loan
Insurance Corporation shall not be eligible for investment
under this paragraph;
(ii) The association shall have tangible net worth of
not less than $1,000,000;
(iii) The investment shall be in the name of and owned
by the organization, unless the account is under a
trusteeship with the organization named as the beneficiary;
(iv) An organization shall not invest more than 50% of
its admitted assets under this paragraph; and
(v) Under this paragraph, an organization shall not
invest in any one such association an amount in excess of 2%
of its admitted assets or an amount which is fully insured by
the Federal Savings and Loan Insurance Corporation, whichever
is greater.
(15) Direct, unconditional obligations for the payment
of money secured by the pledge of any investment which is
authorized by any of the preceding paragraphs, on the
following conditions:
(i) The investment pledged shall by its terms be legally
assignable and shall be validly assigned to the organization;
(ii) The investment pledged shall have a fair market
value which is at least 25% greater than the amount invested
under this paragraph, except that a loan may be made up to
100% of the full fair market value of collateral that would
qualify as an investment under paragraph (1) provided it
qualifies under condition (i) of this paragraph; and
(iii) An organization's investment under this paragraph
when added to its investment of the category of the
collateral pledged shall not cause the sum to exceed the
limits provided by the paragraph authorizing that category of
investments.
(16) Real estate (including leasehold estates and
leasehold improvements) for the convenient accommodation of
the organization's business operations, including home
office, branch office, medical facilities and field office
operations, on the following conditions:
(i) Any parcel of real estate acquired under this
paragraph may include excess space for rent to others, if it
is reasonably anticipated that such excess will be required
by the organization for expansion or if the excess is
reasonably required in order to have one or more buildings
that will function as an economic unit;
(ii) Such real estate may be subject to a mortgage; and
(iii) The greater of the admitted value of the asset as
determined by subsection (f) or the organization's equity
plus all encumbrances on such real estate owned by a company
under this paragraph shall not exceed 20% of its admitted
assets, except with the permission of the Director if he
finds that such percentage of its admitted assets is
insufficient to provide convenient accommodation for the
company's business; provided, however, an organization that
directly provides medical services may invest an additional
20% of its admitted assets in such real estate, not requiring
the permission of the Director.
(17) Any investments of any kind, in the complete
discretion of the organization, without regard to any
condition of, restriction in, or exclusion from paragraphs
(1) to (16), inclusive, and regardless of whether the same or
a similar type of investment has been included in or omitted
from any such paragraph, on the following condition:
(a) An organization shall not invest under this
paragraph more than the lesser of (i) 10% of its admitted
assets, or (ii) 50% of the amount by which its net worth
exceeds the minimum requirements of a new health maintenance
organization to qualify for a certificate of authority.
(Source: P.A. 86-620; revised 12-18-97.)
(215 ILCS 125/4-6.1) (from Ch. 111 1/2, par. 1408.7)
Sec. 4-6.1. Mammograms. (a) Every contract or evidence of
coverage issued by a Health Maintenance Organization for
persons who are residents of this State shall contain
coverage for screening by low-dose mammography for all women
35 years of age or older for the presence of occult breast
cancer. The coverage shall be as follows:
(1) A baseline mammogram for women 35 to 39 years
of age.
(2) An annual mammogram for women 40 years of age
or older.
These benefits shall be at least as favorable as for
other radiological examinations and subject to the same
dollar limits, deductibles, and co-insurance factors. For
purposes of this Section, "low-dose mammography" means the
x-ray examination of the breast using equipment dedicated
specifically for mammography, including the x-ray tube,
filter, compression device, and image receptor, with
radiation exposure delivery of less than 1 rad per breast for
2 views of an average size breast.
(Source: P.A. 90-7, eff. 6-10-97; revised 7-29-97.)
(215 ILCS 125/4-17)
Sec. 4-17. Basic outpatient preventive and primary health
care services for children. In order to attempt to address
the needs of children in Illinois (i) without health care
coverage, either through a parent's employment, through
medical assistance under the Illinois Public Aid Code, or any
other health plan or (ii) who lose medical assistance if and
when their parents move from welfare to work and do not find
employment that offers health care coverage, a health
maintenance organization may undertake to provide or arrange
for and to pay for or reimburse the cost of basic outpatient
preventive and primary health care services. The Department
shall promulgate rules to establish minimum coverage and
disclosure requirements. These requirements at a minimum
shall include routine physical examinations and
immunizations, sick visits, diagnostic x-rays and laboratory
services, and emergency outpatient services. Coverage may
also include preventive dental services, vision screening and
one pair of eyeglasses, prescription drugs, and mental health
services. The coverage may include any reasonable
co-payments, deductibles, and benefit maximums subject to
limitations established by the Director by rule. Coverage
shall be limited to children who are 18 years of age or
under, who have resided in the State of Illinois for at least
30 days, and who do not qualify for medical assistance under
the Illinois Public Aid Code. Any such coverage shall be
made available to an adult on behalf of such children and
shall not be funded through State appropriations. In
counties with populations in excess of 3,000,000, the
Director shall not approve any arrangement under this Section
unless and until an arrangement for at least one health
maintenance organization under contract with the Illinois
Department of Public Aid for furnishing health services
pursuant to Section 5-11 of the Illinois Public Aid Code and
for which the requirements of 42 CFR 434.26(a) have been
waived is approved.
(Source: P.A. 90-376, eff. 8-14-97.)
(215 ILCS 125/4-18)
Sec. 4-18. 4-17. Retirement facility residents. With
respect to an enrollee who is a resident of a retirement
facility consisting of a long-term care facility, as defined
in the Nursing Home Care Act, and residential apartments, a
contract or evidence of coverage issued, amended, delivered,
or renewed after the effective date of this amendatory Act of
1997 shall provide that the enrollee's primary care physician
must refer the enrollee to the retirement facility's
long-term care facility for Medicare covered skilled nursing
services if the primary care physician finds that:
(1) it is in the best interests of the patient;
(2) the facility, if not a participating provider
in the specific health maintenance organization, agrees
during the preauthorization period to a negotiated rate
for skilled nursing services covered in that
organization's health care plan; and
(3) the facility meets all the requirements of a
participating provider for skilled nursing services as
defined and covered under the health maintenance
organization's health care plan.
Both the facility and the health maintenance organization
must fully disclose all pertinent information to consumers to
assure that their decisions are based upon full knowledge of
the implications of their decision making.
(Source: P.A. 90-408, eff. 1-1-98; revised 11-19-97.)
(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
Sec. 5-3. Insurance Code provisions.
(a) Health Maintenance Organizations shall be subject to
the provisions of Sections 133, 134, 137, 140, 141.1, 141.2,
141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
154.6, 154.7, 154.8, 155.04, 355.2, 356m, 356v, 356t, 367i,
401, 401.1, 402, 403, 403A, 408, 408.2, and 412, paragraph
(c) of subsection (2) of Section 367, and Articles VIII 1/2,
XII, XII 1/2, XIII, XIII 1/2, and XXVI of the Illinois
Insurance Code.
(b) For purposes of the Illinois Insurance Code, except
for Articles XIII and XIII 1/2, Health Maintenance
Organizations in the following categories are deemed to be
"domestic companies":
(1) a corporation authorized under the Medical
Service Plan Act, the Dental Service Plan Act or, the
Voluntary Health Services Plans Plan Act, or the
Nonprofit Health Care Service Plan Act;
(2) a corporation organized under the laws of this
State; or
(3) a corporation organized under the laws of
another state, 30% or more of the enrollees of which are
residents of this State, except a corporation subject to
substantially the same requirements in its state of
organization as is a "domestic company" under Article
VIII 1/2 of the Illinois Insurance Code.
(c) In considering the merger, consolidation, or other
acquisition of control of a Health Maintenance Organization
pursuant to Article VIII 1/2 of the Illinois Insurance Code,
(1) the Director shall give primary consideration
to the continuation of benefits to enrollees and the
financial conditions of the acquired Health Maintenance
Organization after the merger, consolidation, or other
acquisition of control takes effect;
(2)(i) the criteria specified in subsection (1)(b)
of Section 131.8 of the Illinois Insurance Code shall not
apply and (ii) the Director, in making his determination
with respect to the merger, consolidation, or other
acquisition of control, need not take into account the
effect on competition of the merger, consolidation, or
other acquisition of control;
(3) the Director shall have the power to require
the following information:
(A) certification by an independent actuary of
the adequacy of the reserves of the Health
Maintenance Organization sought to be acquired;
(B) pro forma financial statements reflecting
the combined balance sheets of the acquiring company
and the Health Maintenance Organization sought to be
acquired as of the end of the preceding year and as
of a date 90 days prior to the acquisition, as well
as pro forma financial statements reflecting
projected combined operation for a period of 2
years;
(C) a pro forma business plan detailing an
acquiring party's plans with respect to the
operation of the Health Maintenance Organization
sought to be acquired for a period of not less than
3 years; and
(D) such other information as the Director
shall require.
(d) The provisions of Article VIII 1/2 of the Illinois
Insurance Code and this Section 5-3 shall apply to the sale
by any health maintenance organization of greater than 10% of
its enrollee population (including without limitation the
health maintenance organization's right, title, and interest
in and to its health care certificates).
(e) In considering any management contract or service
agreement subject to Section 141.1 of the Illinois Insurance
Code, the Director (i) shall, in addition to the criteria
specified in Section 141.2 of the Illinois Insurance Code,
take into account the effect of the management contract or
service agreement on the continuation of benefits to
enrollees and the financial condition of the health
maintenance organization to be managed or serviced, and (ii)
need not take into account the effect of the management
contract or service agreement on competition.
(f) Except for small employer groups as defined in the
Small Employer Rating, Renewability and Portability Health
Insurance Act and except for medicare supplement policies as
defined in Section 363 of the Illinois Insurance Code, a
Health Maintenance Organization may by contract agree with a
group or other enrollment unit to effect refunds or charge
additional premiums under the following terms and conditions:
(i) the amount of, and other terms and conditions
with respect to, the refund or additional premium are set
forth in the group or enrollment unit contract agreed in
advance of the period for which a refund is to be paid or
additional premium is to be charged (which period shall
not be less than one year); and
(ii) the amount of the refund or additional premium
shall not exceed 20% of the Health Maintenance
Organization's profitable or unprofitable experience with
respect to the group or other enrollment unit for the
period (and, for purposes of a refund or additional
premium, the profitable or unprofitable experience shall
be calculated taking into account a pro rata share of the
Health Maintenance Organization's administrative and
marketing expenses, but shall not include any refund to
be made or additional premium to be paid pursuant to this
subsection (f)). The Health Maintenance Organization and
the group or enrollment unit may agree that the
profitable or unprofitable experience may be calculated
taking into account the refund period and the immediately
preceding 2 plan years.
The Health Maintenance Organization shall include a
statement in the evidence of coverage issued to each enrollee
describing the possibility of a refund or additional premium,
and upon request of any group or enrollment unit, provide to
the group or enrollment unit a description of the method used
to calculate (1) the Health Maintenance Organization's
profitable experience with respect to the group or enrollment
unit and the resulting refund to the group or enrollment unit
or (2) the Health Maintenance Organization's unprofitable
experience with respect to the group or enrollment unit and
the resulting additional premium to be paid by the group or
enrollment unit.
In no event shall the Illinois Health Maintenance
Organization Guaranty Association be liable to pay any
contractual obligation of an insolvent organization to pay
any refund authorized under this Section.
(Source: P.A. 89-90, eff. 6-30-95; 90-25, eff. 1-1-98;
90-177, eff. 7-23-97; 90-372, eff. 7-1-98; revised 11-21-97.)
(215 ILCS 125/5-6) (from Ch. 111 1/2, par. 1414)
Sec. 5-6. Supervision of rehabilitation, liquidation or
conservation by the Director.
(a) For purposes of the rehabilitation, liquidation or
conservation of a health maintenance organization, the
operation of a health maintenance organization in this State
constitutes a form of insurance protection which should be
governed by the same provisions governing the rehabilitation,
liquidation or conservation of insurance companies. Any
rehabilitation, liquidation or conservation of a Health
Maintenance Organization shall be based upon the grounds set
forth in and subject to the provisions of the laws of this
State regarding the rehabilitation, liquidation, or
conservation of an insurance company and shall be conducted
under the supervision of the Director. Insolvency, as a
ground for rehabilitation, liquidation, or conservation of a
Health Maintenance Organization, shall be recognized when a
Health Maintenance Organization cannot be expected to satisfy
its financial obligations when such obligations are to become
due or when the Health Maintenance Organization has neglected
to correct within the time prescribed by subsection (c) of
Section 2-4, a deficiency occurring due to such
organization's prescribed minimum net worth or special
contingent reserve being impaired. For purpose of
determining the priority of distribution of general assets,
claims of enrollees and enrollees' beneficiaries shall have
the same priority as established by Section 205 of the
Illinois Insurance Code for policyholders and beneficiaries
of insureds of insurance companies. If an enrollee is liable
to any provider for services provided pursuant to and covered
by the health care plan, that liability shall have the status
of an enrollee claim for distribution of general assets.
Any provider who is obligated by statute or agreement to
hold enrollees harmless from liability for services provided
pursuant to and covered by a health care plan shall have a
priority of distribution of the general assets immediately
following that of enrollees and enrollees' beneficiaries as
described herein, and immediately preceding the priority of
distribution described in paragraph (e) of subsection (1) of
Section 205 of the Illinois Insurance Code.
(b) For purposes of Articles XIII and XIII-1/2 of the
Illinois Insurance Code, organizations in the following
categories shall be deemed to be a "domestic company" and a
"domiciliary company":
(i) a corporation authorized under the Medical
Service Plan Act, the Dental Service Plan Act or, the
Voluntary Health Services Plans Act or the Non-Profit
Health Care Service Plan Act;
(ii) a corporation organized under the laws of this
State; or
(iii) a corporation organized under the laws of
another state, 20% or more of the enrollees of which are
residents of this State, except where such a corporation
is, in its state of incorporation, subject to
rehabilitation, liquidation and conservation under the
laws relating to insurance companies.
(c) In the event of the insolvency of a health
maintenance organization, no enrollee of such organization
shall be liable to any provider for medical services rendered
by such provider, except for applicable co-payments or
deductibles for covered services or fees for services not
covered by the health maintenance organization, with respect
to the amounts such provider is not paid by the Association
pursuant to the provisions of Section 6-8 (8)(b) and (c). No
provider, whether or not the provider is obligated by statute
or agreement to hold enrollees harmless from liability, shall
seek to recover any such amount from any enrollee until the
Association has made a final determination of its liability
(or the resolution of any dispute or litigation resulting
therefrom) with respect to the matters specified in such
provisions. In the event that the provider seeks to recover
such amounts before the Association's final determination of
its liability (or the resolution of any dispute or litigation
resulting therefrom), the provider shall be liable for all
reasonable costs and attorney fees incurred by the Director
or the Association in enforcing this provision or any court
orders related hereto.
(Source: P.A. 89-206, eff. 7-21-95; 90-177, eff. 7-23-97;
90-372, eff. 7-1-98; revised 11-14-97.)
(215 ILCS 125/6-8) (from Ch. 111 1/2, par. 1418.8)
Sec. 6-8. Powers and duties of the Association. In
addition to the powers and duties enumerated in other
Sections of this Article, the Association shall have the
powers set forth in this Section.
(1) If a domestic organization is an impaired
organization, the Association may, subject to any conditions
imposed by the Association other than those which impair the
contractual obligations of the impaired organization, and
approved by the impaired organization and the Director:
(a) guarantee or reinsure, or cause to be
guaranteed, assumed or reinsured, any or all of the
covered health care plan certificates of covered persons
of the impaired organization;
(b) provide such monies, pledges, notes,
guarantees, or other means as are proper to effectuate
paragraph (a), and assure payment of the contractual
obligations of the impaired organization pending action
under paragraph (a); and
(c) loan money to the impaired organization.;
(2) If a domestic, foreign, or alien organization is an
insolvent organization, the Association shall, subject to the
approval of the Director:
(a) guarantee, assume, indemnify or reinsure or
cause to be guaranteed, assumed, indemnified or reinsured
the covered health care plan benefits of covered persons
of the insolvent organization; however, in the event that
the Director of the Department of Public Aid assigns
individuals that are recipients of public aid from an
insolvent organization to another organization, the
Director of the Department of Public Aid shall, before
fixing the rates to be paid by the Department of Public
Aid to the transferee organization on account of such
individuals, consult with the Director of the Department
of Insurance as to the reasonableness of such rates in
light of the health care needs of such individuals and
the costs of providing health care services to such
individuals;.
(b) assure payment of the contractual obligations
of the insolvent organization to covered persons;
(c) make payments to providers of health care, or
indemnity payments to covered persons, so as to assure
the continued payment of benefits substantially similar
to those provided for under covered health care plan
certificate issued by the insolvent organization to
covered persons; and
(d) provide such monies, pledges, notes,
guaranties, or other means as are reasonably necessary to
discharge such duties.
(e) Provided, however, that This subsection (2) shall
not apply when the Director has determined that the foreign
or alien organization's domiciliary jurisdiction or state of
entry provides, by statute, protection substantially similar
to that provided by this Article for residents of this State
and such protection will be provided in a timely manner.
(3) There shall be no liability on the part of and no
cause of action shall arise against the Association or
against any transferee from the Association in connection
with the transfer by reinsurance or otherwise of all or any
part of an impaired or insolvent organization's business by
reason of any action taken or any failure to take any action
by the impaired or insolvent organization at any time.
(4) If the Association fails to act within a reasonable
period of time as provided in subsection (2) of this Section
with respect to an insolvent organization, the Director shall
have the powers and duties of the Association under this
Article with regard to such insolvent organization.
(5) The Association or its designated representatives
may render assistance and advice to the Director, upon his
request, concerning rehabilitation, payment of claims,
continuations of coverage, or the performance of other
contractual obligations of any impaired or insolvent
organization.
(6) The Association has standing to appear before any
court concerning all matters germane to the powers and duties
of the Association, including, but not limited to, proposals
for reinsuring or guaranteeing the covered health care plan
certificates of the impaired or insolvent organization and
the determination of the covered health care plan
certificates and contractual obligations.
(7) (a) Any person receiving benefits under this Article
is deemed to have assigned the rights under the covered
health care plan certificates to the Association to the
extent of the benefits received because of this Article
whether the benefits are payments of contractual obligations
or continuation of coverage. The Association may require an
assignment to it of such rights by any payee, enrollee or
beneficiary as a condition precedent to the receipt of any
rights or benefits conferred by this Article upon such
person. The Association is subrogated to these rights
against the assets of any insolvent organization and against
any other party who may be liable to such payee, enrollee or
beneficiary.
(b) The subrogation rights of the Association under this
subsection have the same priority against the assets of the
insolvent organization as that possessed by the person
entitled to receive benefits under this Article.
(8) (a) The contractual obligations of the insolvent
organization for which the Association becomes or may become
liable are as great as but no greater than the contractual
obligations of the insolvent organization would have been in
the absence of an insolvency unless such obligations are
reduced as permitted by subsection (3), but the aggregate
liability of the Association shall not exceed $300,000 with
respect to any one natural person.
(b) Furthermore, the Association shall not be required
to pay, and shall have no liability to, any provider of
health care services to an enrollee:
(i) if such provider, or his or its affiliates or
members of his immediate family, at any time within the
one year prior to the date of the issuance of the first
order, by a court of competent jurisdiction, of
conservation, rehabilitation or liquidation pertaining to
the health maintenance organization:
(A) was a securityholder of such organization
(but excluding any securityholder holding an equity
interest of 5% or less);
(B) exercised control over the organization by
means such as serving as an officer or director,
through a management agreement or as a principal
member of a not-for-profit organization;
(C) had a representative serving by virtue or
his or her official position as a representative of
such provider on the board of any entity which
exercised control over the organization;
(D) received provider payments made by such
organization pursuant to a contract which was not a
product of arms-length bargaining; or
(E) received distributions other than for
physician services from a not-for-profit
organization on account of such provider's status as
a a member of such organization.
For purposes of this subparagraph (i), the terms
"affiliate," "person," "control" and "securityholder"
shall have the meanings ascribed to such terms in Section
131.1 of the Illinois Insurance Code; or
(ii) if and to the extent such a provider has
agreed by contract not to seek payment from the enrollee
for services provided to such enrollee or if, and to the
extent, as a matter of law such provider may not seek
payment from the enrollee for services provided to such
enrollee.
(c) In no event shall the Association be required to pay
any provider participating in the insolvent organization any
amount for in-plan services rendered by such provider prior
to the insolvency of the organization in excess of (1) the
amount provided by a capitation contract between a physician
provider and the insolvent organization for such services; or
(2) the amounts provided by contract between a hospital
provider and the Department of Public Aid for similar
services to recipients of public aid; or (3) in the event
neither (1) nor (2) above is applicable, then the amounts
paid under the Medicare area prevailing rate for the area
where the services were provided, or if no such rate exists
with respect to such services, then 80% of the usual and
customary rates established by the Health Insurance
Association of America. The payments required to be made by
the Association under this Section shall constitute full and
complete payment for such provider services to the enrollee.
(d) The Association shall not be required to pay more
than an aggregate of $300,000 for any organization which is
declared to be insolvent prior to July 1, 1987, and such
funds shall be distributed first to enrollees who are not
public aid recipients pursuant to a plan recommended by the
Association and approved by the Director and the court having
jurisdiction over the liquidation.
(9) The Association may:
(a) Enter into such contracts as are necessary or
proper to carry out the provisions and purposes of this
Article.;
(b) Sue or be sued, including taking any legal
actions necessary or proper for recovery of any unpaid
assessments under Section 6-9. The Association shall not
be liable for punitive or exemplary damages.;
(c) Borrow money to effect the purposes of this
Article. Any notes or other evidence of indebtedness of
the Association not in default are legal investments for
domestic organizations and may be carried as admitted
assets.
(d) Employ or retain such persons as are necessary
to handle the financial transactions of the Association,
and to perform such other functions as become necessary
or proper under this Article.
(e) Negotiate and contract with any liquidator,
rehabilitator, conservator, or ancillary receiver to
carry out the powers and duties of the Association.
(f) Take such legal action as may be necessary to
avoid payment of improper claims.
(g) Exercise, for the purposes of this Article and
to the extent approved by the Director, the powers of a
domestic organization, but in no case may the Association
issue evidence of coverage other than that issued to
perform the contractual obligations of the impaired or
insolvent organization.
(h) Exercise all the rights of the Director under
Section 193(4) of the Illinois Insurance Code with
respect to covered health care plan certificates after
the association becomes obligated by statute.
(10) The obligations of the Association under this
Article shall not relieve any reinsurer, insurer or other
person of its obligations to the insolvent organization (or
its conservator, rehabilitator, liquidator or similar
official) or its enrollees, including without limitation any
reinsurer, insurer or other person liable to the insolvent
insurer (or its conservator, rehabilitator, liquidator or
similar official) or its enrollees under any contract of
reinsurance, any contract providing stop loss coverage or
similar coverage or any health care contract. With respect to
covered health care plan certificates for which the
Association becomes obligated after an entry of an order of
liquidation or rehabilitation, the Association may elect to
succeed to the rights of the insolvent organization arising
after the date of the order of liquidation or rehabilitation
under any contract of reinsurance, any contract providing
stop loss coverage or similar coverages or any health care
service contract to which the insolvent organization was a
party, on the terms set forth under such contract, to the
extent that such contract provides coverage for health care
services provided after the date of the order of liquidation
or rehabilitation. As a condition to making this election,
the Association must pay premiums for coverage relating to
periods after the date of the order of liquidation or
rehabilitation.
(11) The Association shall be entitled to collect
premiums due under or with respect to covered health care
certificates for a period from the date on which the
domestic, foreign, or alien organization became an insolvent
organization until the Association no longer has obligations
under subsection (2) of this Section 6-8 with respect to such
certificates. The Association's obligations under subsection
(2) of this Section 6-8 with respect to any covered health
care plan certificates shall terminate in the event that all
such premiums due under or with respect to such covered
health care plan certificates are not paid to the Association
(i) within 30 days of the Association's demand therefor, or
(ii) in the event that such certificates provide for a longer
grace period for payment of premiums after notice of
non-payment or demand therefor, within the lesser of (A) the
period provided for in such certificates or (B) 60 days.
(Source: P.A. 86-620; revised 7-14-97.)
Section 104. The Limited Health Service Organization Act
is amended by changing Section 4003 as follows:
(215 ILCS 130/4003) (from Ch. 73, par. 1504-3)
Sec. 4003. Illinois Insurance Code provisions. Limited
health service organizations shall be subject to the
provisions of Sections 133, 134, 137, 140, 141.1, 141.2,
141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
154.6, 154.7, 154.8, 155.04, 355.2, 356v, 356t, 401, 401.1,
402, 403, 403A, 408, 408.2, and 412, and Articles VIII 1/2,
XII, XII 1/2, XIII, XIII 1/2, and XXVI of the Illinois
Insurance Code. For purposes of the Illinois Insurance Code,
except for Articles XIII and XIII 1/2, limited health service
organizations in the following categories are deemed to be
domestic companies:
(1) a corporation under the laws of this State; or
(2) a corporation organized under the laws of
another state, 30% of more of the enrollees of which are
residents of this State, except a corporation subject to
substantially the same requirements in its state of
organization as is a domestic company under Article VIII
1/2 of the Illinois Insurance Code.
(Source: P.A. 90-25, eff. 1-1-98; revised 10-14-97.)
Section 105. The Voluntary Health Services Plans Act is
amended by changing Section 10 as follows:
(215 ILCS 165/10) (from Ch. 32, par. 604)
Sec. 10. Application of Insurance Code provisions.
Health services plan corporations and all persons interested
therein or dealing therewith shall be subject to the
provisions of Article XII 1/2 and Sections 3.1, 133, 140,
143, 143c, 149, 354, 355.2, 356r, 356t, 356u, 356v, 367.2,
401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and
paragraphs (7) and (15) of Section 367 of the Illinois
Insurance Code.
(Source: P.A. 89-514, eff. 7-17-96; 90-7, eff. 6-10-97;
90-25, eff. 1-1-98; revised 10-14-97.)
Section 106. The Public Utilities Act is amended by
changing Sections 2-202, 8-102, 9-212, 9-216, and 13-506 and
setting forth and renumbering multiple versions of Section
13-505.7 as follows:
(220 ILCS 5/2-202) (from Ch. 111 2/3, par. 2-202)
(Text of Section before amendment by P.A. 90-561)
Sec. 2-202. (a) It is declared to be the public policy of
this State that in order to maintain and foster the effective
regulation of public utilities under this Act in the
interests of the People of the State of Illinois and the
public utilities as well, the public utilities subject to
regulation under this Act and which enjoy the privilege of
operating as public utilities in this State, shall bear the
expense of administering this Act by means of a tax on such
privilege measured by the annual gross revenue of such public
utilities in the manner provided in this Section. For
purposes of this Section, "expense of administering this Act"
includes any costs incident to studies, whether made by the
Commission or under contract entered into by the Commission,
concerning environmental pollution problems caused or
contributed to by public utilities and the means for
eliminating or abating those problems. Such proceeds shall be
deposited in the Public Utility Fund in the State treasury.
(b) All of the ordinary and contingent expenses of the
Commission incident to the administration of this Act shall
be paid out of the Public Utility Fund except the
compensation of the members of the Commission which shall be
paid from the General Revenue Fund. Notwithstanding other
provisions of this Act to the contrary, the ordinary and
contingent expenses of the Commission incident to the
administration of the Illinois Commercial Transportation Law
may be paid from appropriations from the Public Utility Fund
through the end of fiscal year 1986.
(c) A tax is imposed upon each public utility subject to
the provisions of this Act equal to .08% of its gross revenue
for each calendar year commencing with the calendar year
beginning January 1, 1982, except that the Commission may, by
rule, establish a different rate no greater than 0.1%.
"Gross revenue" shall not include amounts paid by
telecommunications retailers under the Telecommunications
Municipal Infrastructure Maintenance Fee Act.
(d) Annual gross revenue returns shall be filed in
accordance with paragraph (1) or (2) of this subsection (d).
(1) Except as provided in paragraph (2) of this
subsection (d), on or before January 10 of each year each
public utility subject to the provisions of this Act
shall file with the Commission an estimated annual gross
revenue return containing an estimate of the amount of
its gross revenue for the calendar year commencing
January 1 of said year and a statement of the amount of
tax due for said calendar year on the basis of that
estimate. Public utilities may also file revised returns
containing updated estimates and updated amounts of tax
due during the calendar year. These revised returns, if
filed, shall form the basis for quarterly payments due
during the remainder of the calendar year. In addition,
on or before February 15 of each year, each public
utility shall file an amended return showing the actual
amount of gross revenues shown by the company's books and
records as of December 31 of the previous year. Forms and
instructions for such estimated, revised, and amended
returns shall be devised and supplied by the Commission.
(2) Beginning January 1, 1993, the requirements of
paragraph (1) of this subsection (d) shall not apply to
any public utility in any calendar year for which the
total tax the public utility owes under this Section is
less than $1,000. For such public utilities with respect
to such years, the public utility shall file with the
Commission, on or before January 31 of the following
year, an annual gross revenue return for the year and a
statement of the amount of tax due for that year on the
basis of such a return. Forms and instructions for such
returns and corrected returns shall be devised and
supplied by the Commission.
(e) All returns submitted to the Commission by a public
utility as provided in this subsection (e) or subsection (d)
of this Section shall contain or be verified by a written
declaration by an appropriate officer of the public utility
that the return is made under the penalties of perjury. The
Commission may audit each such return submitted and may,
under the provisions of Section 5-101 of this Act, take such
measures as are necessary to ascertain the correctness of the
returns submitted. The Commission has the power to direct the
filing of a corrected return by any utility which has filed
an incorrect return and to direct the filing of a return by
any utility which has failed to submit a return. A
taxpayer's signing a fraudulent return under this Section is
perjury, as defined in Section 32-2 of the Criminal Code of
1961.
(f) (1) For all public utilities subject to paragraph
(1) of subsection (d), at least one quarter of the annual
amount of tax due under subsection (c) shall be paid to the
Commission on or before the tenth day of January, April,
July, and October of the calendar year subject to tax. In
the event that an adjustment in the amount of tax due should
be necessary as a result of the filing of an amended or
corrected return under subsection (d) or subsection (e) of
this Section, the amount of any deficiency shall be paid by
the public utility together with the amended or corrected
return and the amount of any excess shall, after the filing
of a claim for credit by the public utility, be returned to
the public utility in the form of a credit memorandum in the
amount of such excess or be refunded to the public utility in
accordance with the provisions of subsection (k) of this
Section. However, if such deficiency or excess is less than
$1, then the public utility need not pay the deficiency and
may not claim a credit.
(2) Any public utility subject to paragraph (2) of
subsection (d) shall pay the amount of tax due under
subsection (c) on or before January 31 next following the end
of the calendar year subject to tax. In the event that an
adjustment in the amount of tax due should be necessary as a
result of the filing of a corrected return under subsection
(e), the amount of any deficiency shall be paid by the public
utility at the time the corrected return is filed. Any excess
tax payment by the public utility shall be returned to it
after the filing of a claim for credit, in the form of a
credit memorandum in the amount of the excess. However, if
such deficiency or excess is less than $1, the public utility
need not pay the deficiency and may not claim a credit.
(g) Each installment or required payment of the tax
imposed by subsection (c) becomes delinquent at midnight of
the date that it is due. Failure to make a payment as
required by this Section shall result in the imposition of a
late payment penalty, an underestimation penalty, or both, as
provided by this subsection. The late payment penalty shall
be the greater of:
(1) $25 for each month or portion of a month that
the installment or required payment is unpaid or
(2) an amount equal to the difference between what
should have been paid on the due date, based upon the
most recently filed estimate, and what was actually paid,
times one percent, for each month or portion of a month
that the installment or required payment goes unpaid.
This penalty may be assessed as soon as the installment
or required payment becomes delinquent.
The underestimation penalty shall apply to those public
utilities subject to paragraph (1) of subsection (d) and
shall be calculated after the filing of the amended return.
It shall be imposed if the amount actually paid on any of the
dates specified in subsection (f) is not equal to at least
one-fourth of the amount actually due for the year, and shall
equal the greater of:
(1) $25 for each month or portion of a month that
the amount due is unpaid or
(2) an amount equal to the difference between what
should have been paid, based on the amended return, and
what was actually paid as of the date specified in
subsection (f), times a percentage equal to 1/12 of the
sum of 10% and the percentage most recently established
by the Commission for interest to be paid on customer
deposits under 83 Ill. Adm. Code 280.70(e)(1), for each
month or portion of a month that the amount due goes
unpaid, except that no underestimation penalty shall be
assessed if the amount actually paid on each of the dates
specified in subsection (f) was based on an estimate of
gross revenues at least equal to the actual gross
revenues for the previous year. The Commission may
enforce the collection of any delinquent installment or
payment, or portion thereof by legal action or in any
other manner by which the collection of debts due the
State of Illinois may be enforced under the laws of this
State. The executive director or his designee may excuse
the payment of an assessed penalty if he determines that
enforced collection of the penalty would be unjust.
(h) All sums collected by the Commission under the
provisions of this Section shall be paid promptly after the
receipt of the same, accompanied by a detailed statement
thereof, into the Public Utility Fund in the State treasury.
(i) During the month of October of each odd-numbered
year the Commission shall:
(1) determine the amount of all moneys deposited in
the Public Utility Fund during the preceding fiscal
biennium plus the balance, if any, in that fund at the
beginning of that biennium;
(2) determine the sum total of the following items:
(A) all moneys expended or obligated against
appropriations made from the Public Utility Fund during
the preceding fiscal biennium, plus (B) the sum of the
credit memoranda then outstanding against the Public
Utility Fund, if any; and
(3) determine the amount, if any, by which the sum
determined as provided in item (1) exceeds the amount
determined as provided in item (2).
If the amount determined as provided in item (3) of this
subsection exceeds $2,500,000, the Commission shall then
compute the proportionate amount, if any, which the tax paid
hereunder by each utility during the preceding biennium bears
to the difference between the amount determined as provided
in item (3) of this subsection (i) and $2,500,000, and notify
each public utility that it may file during the 3 month
period after the date of notification a claim for credit in
such proportionate amount. If the proportionate amount is
less than $10, no notification will be sent by the
Commission, and no right to a claim exists as to that amount.
Upon the filing of a claim for credit within the period
provided, the Commission shall issue a credit memorandum in
such amount to such public utility. Any claim for credit
filed after the period provided for in this Section is void.
(j) Credit memoranda issued pursuant to subsection (f)
and credit memoranda issued after notification and filing
pursuant to subsection (i) may be applied for the 2 year
period from the date of issuance, against the payment of any
amount due during that period under the tax imposed by
subsection (c), or, subject to reasonable rule of the
Commission including requirement of notification, may be
assigned to any other public utility subject to regulation
under this Act. Any application of credit memoranda after the
period provided for in this Section is void.
(k) The chairman or executive director may make refund
of fees, taxes or other charges whenever he shall determine
that the person or public utility will not be liable for
payment of such fees, taxes or charges during the next 24
months and he determines that the issuance of a credit
memorandum would be unjust.
(Source: P.A. 90-562, eff. 12-16-97.)
(Text of Section after amendment by P.A. 90-561)
Sec. 2-202. (a) It is declared to be the public policy of
this State that in order to maintain and foster the effective
regulation of public utilities under this Act in the
interests of the People of the State of Illinois and the
public utilities as well, the public utilities subject to
regulation under this Act and which enjoy the privilege of
operating as public utilities in this State, shall bear the
expense of administering this Act by means of a tax on such
privilege measured by the annual gross revenue of such public
utilities in the manner provided in this Section. For
purposes of this Section, "expense of administering this Act"
includes any costs incident to studies, whether made by the
Commission or under contract entered into by the Commission,
concerning environmental pollution problems caused or
contributed to by public utilities and the means for
eliminating or abating those problems. Such proceeds shall be
deposited in the Public Utility Fund in the State treasury.
(b) All of the ordinary and contingent expenses of the
Commission incident to the administration of this Act shall
be paid out of the Public Utility Fund except the
compensation of the members of the Commission which shall be
paid from the General Revenue Fund. Notwithstanding other
provisions of this Act to the contrary, the ordinary and
contingent expenses of the Commission incident to the
administration of the Illinois Commercial Transportation Law
may be paid from appropriations from the Public Utility Fund
through the end of fiscal year 1986.
(c) A tax is imposed upon each public utility subject to
the provisions of this Act equal to .08% of its gross revenue
for each calendar year commencing with the calendar year
beginning January 1, 1982, except that the Commission may, by
rule, establish a different rate no greater than 0.1%. For
purposes of this Section, "gross revenue" shall not include
revenue from the production, transmission, distribution,
sale, delivery, or furnishing of electricity. "Gross revenue"
shall not include amounts paid by telecommunications
retailers under the Telecommunications Municipal
Infrastructure Maintenance Fee Act.
(d) Annual gross revenue returns shall be filed in
accordance with paragraph (1) or (2) of this subsection (d).
(1) Except as provided in paragraph (2) of this
subsection (d), on or before January 10 of each year each
public utility subject to the provisions of this Act
shall file with the Commission an estimated annual gross
revenue return containing an estimate of the amount of
its gross revenue for the calendar year commencing
January 1 of said year and a statement of the amount of
tax due for said calendar year on the basis of that
estimate. Public utilities may also file revised returns
containing updated estimates and updated amounts of tax
due during the calendar year. These revised returns, if
filed, shall form the basis for quarterly payments due
during the remainder of the calendar year. In addition,
on or before February 15 of each year, each public
utility shall file an amended return showing the actual
amount of gross revenues shown by the company's books and
records as of December 31 of the previous year. Forms and
instructions for such estimated, revised, and amended
returns shall be devised and supplied by the Commission.
(2) Beginning January 1, 1993, the requirements of
paragraph (1) of this subsection (d) shall not apply to
any public utility in any calendar year for which the
total tax the public utility owes under this Section is
less than $1,000. For such public utilities with respect
to such years, the public utility shall file with the
Commission, on or before January 31 of the following
year, an annual gross revenue return for the year and a
statement of the amount of tax due for that year on the
basis of such a return. Forms and instructions for such
returns and corrected returns shall be devised and
supplied by the Commission.
(e) All returns submitted to the Commission by a public
utility as provided in this subsection (e) or subsection (d)
of this Section shall contain or be verified by a written
declaration by an appropriate officer of the public utility
that the return is made under the penalties of perjury. The
Commission may audit each such return submitted and may,
under the provisions of Section 5-101 of this Act, take such
measures as are necessary to ascertain the correctness of the
returns submitted. The Commission has the power to direct the
filing of a corrected return by any utility which has filed
an incorrect return and to direct the filing of a return by
any utility which has failed to submit a return. A
taxpayer's signing a fraudulent return under this Section is
perjury, as defined in Section 32-2 of the Criminal Code of
1961.
(f) (1) For all public utilities subject to paragraph
(1) of subsection (d), at least one quarter of the annual
amount of tax due under subsection (c) shall be paid to the
Commission on or before the tenth day of January, April,
July, and October of the calendar year subject to tax. In
the event that an adjustment in the amount of tax due should
be necessary as a result of the filing of an amended or
corrected return under subsection (d) or subsection (e) of
this Section, the amount of any deficiency shall be paid by
the public utility together with the amended or corrected
return and the amount of any excess shall, after the filing
of a claim for credit by the public utility, be returned to
the public utility in the form of a credit memorandum in the
amount of such excess or be refunded to the public utility in
accordance with the provisions of subsection (k) of this
Section. However, if such deficiency or excess is less than
$1, then the public utility need not pay the deficiency and
may not claim a credit.
(2) Any public utility subject to paragraph (2) of
subsection (d) shall pay the amount of tax due under
subsection (c) on or before January 31 next following the end
of the calendar year subject to tax. In the event that an
adjustment in the amount of tax due should be necessary as a
result of the filing of a corrected return under subsection
(e), the amount of any deficiency shall be paid by the public
utility at the time the corrected return is filed. Any excess
tax payment by the public utility shall be returned to it
after the filing of a claim for credit, in the form of a
credit memorandum in the amount of the excess. However, if
such deficiency or excess is less than $1, the public utility
need not pay the deficiency and may not claim a credit.
(g) Each installment or required payment of the tax
imposed by subsection (c) becomes delinquent at midnight of
the date that it is due. Failure to make a payment as
required by this Section shall result in the imposition of a
late payment penalty, an underestimation penalty, or both, as
provided by this subsection. The late payment penalty shall
be the greater of:
(1) $25 for each month or portion of a month that
the installment or required payment is unpaid or
(2) an amount equal to the difference between what
should have been paid on the due date, based upon the
most recently filed estimate, and what was actually paid,
times 1%, for each month or portion of a month that the
installment or required payment goes unpaid. This
penalty may be assessed as soon as the installment or
required payment becomes delinquent.
The underestimation penalty shall apply to those public
utilities subject to paragraph (1) of subsection (d) and
shall be calculated after the filing of the amended return.
It shall be imposed if the amount actually paid on any of the
dates specified in subsection (f) is not equal to at least
one-fourth of the amount actually due for the year, and shall
equal the greater of:
(1) $25 for each month or portion of a month that
the amount due is unpaid or
(2) an amount equal to the difference between what
should have been paid, based on the amended return, and
what was actually paid as of the date specified in
subsection (f), times a percentage equal to 1/12 of the
sum of 10% and the percentage most recently established
by the Commission for interest to be paid on customer
deposits under 83 Ill. Adm. Code 280.70(e)(1), for each
month or portion of a month that the amount due goes
unpaid, except that no underestimation penalty shall be
assessed if the amount actually paid on each of the dates
specified in subsection (f) was based on an estimate of
gross revenues at least equal to the actual gross
revenues for the previous year. The Commission may
enforce the collection of any delinquent installment or
payment, or portion thereof by legal action or in any
other manner by which the collection of debts due the
State of Illinois may be enforced under the laws of this
State. The executive director or his designee may excuse
the payment of an assessed penalty if he determines that
enforced collection of the penalty would be unjust.
(h) All sums collected by the Commission under the
provisions of this Section shall be paid promptly after the
receipt of the same, accompanied by a detailed statement
thereof, into the Public Utility Fund in the State treasury.
(i) During the month of October of each odd-numbered
year the Commission shall:
(1) determine the amount of all moneys deposited in
the Public Utility Fund during the preceding fiscal
biennium plus the balance, if any, in that fund at the
beginning of that biennium;
(2) determine the sum total of the following items:
(A) all moneys expended or obligated against
appropriations made from the Public Utility Fund during
the preceding fiscal biennium, plus (B) the sum of the
credit memoranda then outstanding against the Public
Utility Fund, if any; and
(3) determine the amount, if any, by which the sum
determined as provided in item (1) exceeds the amount
determined as provided in item (2).
If the amount determined as provided in item (3) of this
subsection exceeds $2,500,000, the Commission shall then
compute the proportionate amount, if any, which (x) the tax
paid hereunder by each utility during the preceding biennium,
and (y) the amount paid into the Public Utility Fund during
the preceding biennium by the Department of Revenue pursuant
to Sections 2-9 and 2-11 of the Electricity Excise Tax Law,
bears to the difference between the amount determined as
provided in item (3) of this subsection (i) and $2,500,000.
The Commission shall cause the proportionate amount
determined with respect to payments made under the
Electricity Excise Tax Law to be transferred into the General
Revenue Fund in the State Treasury, and notify each public
utility that it may file during the 3 month period after the
date of notification a claim for credit for the proportionate
amount determined with respect to payments made hereunder by
the public utility. If the proportionate amount is less than
$10, no notification will be sent by the Commission, and no
right to a claim exists as to that amount. Upon the filing of
a claim for credit within the period provided, the Commission
shall issue a credit memorandum in such amount to such public
utility. Any claim for credit filed after the period provided
for in this Section is void.
(j) Credit memoranda issued pursuant to subsection (f)
and credit memoranda issued after notification and filing
pursuant to subsection (i) may be applied for the 2 year
period from the date of issuance, against the payment of any
amount due during that period under the tax imposed by
subsection (c), or, subject to reasonable rule of the
Commission including requirement of notification, may be
assigned to any other public utility subject to regulation
under this Act. Any application of credit memoranda after the
period provided for in this Section is void.
(k) The chairman or executive director may make refund
of fees, taxes or other charges whenever he shall determine
that the person or public utility will not be liable for
payment of such fees, taxes or charges during the next 24
months and he determines that the issuance of a credit
memorandum would be unjust.
(Source: P.A. 90-561, eff. 8-1-98; 90-562, 12-16-97; revised
12-30-97.)
(220 ILCS 5/8-102) (from Ch. 111 2/3, par. 8-102)
Sec. 8-102. Audit or investigation. The Commission is
authorized to conduct or order a management audit or
investigation of any public utility or part thereof. The
Such audit or investigation may examine the reasonableness,
prudence, prudency or efficiency of any aspect of the
utility's operations, costs, management, decisions or
functions that which may affect the adequacy, safety,
efficiency or reliability of utility service or the
reasonableness or prudence prudency of the costs underlying
rates or charges for utility service. The Commission may
conduct or order a management audit or investigation only
when it has reasonable grounds to believe that the such audit
or investigation is necessary to assure that the utility is
providing adequate, efficient, reliable, safe, and least-cost
service and charging only just and reasonable rates therefor,
or that the such audit or investigation is likely to be
cost-beneficial in enhancing the quality of such service or
the reasonableness of rates therefor. The Commission shall,
before initiating any such audit or investigation, issue an
order describing the grounds for the such audit or
investigation and the appropriate scope and nature of the
such audit or investigation. The scope and nature of any
such audit or investigation shall be reasonably related to
the grounds relied upon by the Commission in its order.
Any audit or investigation authorized pursuant to this
Section may be conducted by the Commission, or if the
Commission is unable to adequately perform the such audit or
investigation, the Commission may arrange for it to be
conducted by persons independent of the utility and selected
by the Commission. The cost of such an independent audit
shall be borne initially by the utility, but shall be
recovered as an expense through normal ratemaking procedures.
Any audit or investigation shall be conducted in accordance
with generally accepted auditing standards.
(Source: P.A. 84-617; revised 7-2-97.)
(220 ILCS 5/9-212) (from Ch. 111 2/3, par. 9-212)
Sec. 9-212. No new electric utility generating plant or
gas production facility, or significant addition to existing
facilities or plant, shall be included in a utility's rate
base unless and until the utility proves, and the Commission
determines, that such plant or facility is both prudent and
used and useful in providing utility service to the utility's
customers. For purposes of this Section, "prudent" means
prudency shall mean that at the time of certification,
initiation of construction and each subsequent evaluation of
any construction project until the time of completion, based
on the evidence introduced in any hearings and all
information which was known or should have been known at the
time, and relevant planning and certification criteria, it
was prudent and reasonable to conclude that the generating or
production facility would be used and useful in providing
service to customers at the time of completion. If the
Commission has issued a certificate of public convenience and
necessity for the completed facility, and, to the extent that
the Commission approves continued construction upon
reevaluation subsequent to certification, such actions shall
constitute prima facie evidence of the prudence prudency of
construction. If the Commission determines as a result of
reevaluation during construction that the facility should not
be completed, such determination shall constitute prima facie
evidence that subsequent construction expenditures were
imprudent.
A generation or production facility is used and useful
only if, and only to the extent that, it is necessary to meet
customer demand or economically beneficial in meeting such
demand. No generation or production facility shall be found
used and useful until and unless it is capable of generation
or production at significant operating levels on a consistent
and sustainable basis. Any pollution control devices for the
control of sulfur dioxide emissions installed or used in
accordance with, and up to the cost specified in, an order or
supplemental order of the Commission entered pursuant to
subsection (e) of Section 8-402.1 shall be deemed prudent and
shall, upon being placed into operation on a consistent,
sustainable basis by the public utility, be deemed used and
useful.
(Source: P.A. 87-173; revised 7-2-97.)
(220 ILCS 5/9-216) (from Ch. 111 2/3, par. 9-216)
Sec. 9-216. The Commission shall establish, by
rulemaking, the policies and procedures which shall be
utilized in evaluating and deciding any requests for the
recovery and allocation of reasonable and prudent costs
incurred in the construction of generation or production
facilities which have been cancelled. In establishing such
policies and procedures the Commission shall consider all
relevant factors, including, but not limited to, the prudence
prudency and reasonableness of such costs, the reasons for
cancellation, the consistency of construction and
cancellation with certification and reevaluation criteria and
proceedings, the need to provide proper incentives for future
construction and cancellation decisions, and the balance of
equities between ratepayers and shareholders.
(Source: P.A. 84-617; revised 7-2-97.)
(220 ILCS 5/13-505.7)
(Section scheduled to be repealed on July 1, 2001)
Sec. 13-505.7. Interactive video learning tariffs. The
Commission shall permit telecommunications carriers to offer
special interactive video learning tariffs for the exclusive
use of qualified educational institutions. Except for
carriers subject to Section 13-504, the rates in such tariffs
shall not be less than the long run service incremental costs
of providing interactive video learning services. Qualified
educational institutions shall be limited to school
districts; public or private not-for-profit schools enrolling
more than 20 pupils for kindergarten grade or over up through
grade 12; public or private degree granting, not-for-profit
colleges or universities; public libraries organized under
the Public Library District Act of 1991 or the Illinois Local
Library Act; and regional library systems organized under the
Illinois Library System Act. Interactive video learning
consists of video, data, voice, and electronic information
used by a qualified educational institution for instruction,
learning, and training. These special telecommunications
carrier interactive video learning tariffs shall be exempt
from the provisions of Sections 9-241, 9-250, 13-502,
13-505.1, and 13-505.2 of this Act. Provided, however,
telecommunications carriers may also file such special
tariffs pursuant to this Section and in accordance with
Section 13-502.
(Source: P.A. 89-141, eff. 7-14-95; 90-279, eff. 7-31-97;
revised 9-30-97.)
(220 ILCS 5/13-505.8)
(Section scheduled to be repealed on July 1, 2001)
Sec. 13-505.8. 13-505.7. Bundling. Nothing in this Act
shall prohibit the bundling of any telecommunications
services, provided that for a telecommunications carrier that
provides both noncompetitive and competitive services the
price for a bundle of telecommunications services shall not
be less than the aggregate of the unbundled prices of the
telecommunications services offered in the bundle.
(Source: P.A. 90-185, eff. 7-23-97; revised 7-23-97.)
(220 ILCS 5/13-506)
(Section scheduled to be repealed on July 1, 2001)
Sec. 13-506. Tariffs for competitive telecommunications
services.
(a) Telecommunications carriers may file proposed
tariffs for any competitive telecommunications service which
includes and specifically describes a range, band, formula,
or standard within which or by which a change in rates or
charges for such telecommunications service could be made
without prior notice or prior Commission approval, provided
that any and all rates or charges within the band or range,
or determinable by the operation of the formula or standard,
are consistent with the public interest and the purpose and
policies of this Article and Act, and are likely to remain so
for the foreseeable forseeable future. To the extent any
proposed band or range encompasses rates or charges which are
not consistent with the public interest and the purposes and
policies of this Article and Act or otherwise fully proper,
or any proposed formula or standard determines rates or
charges which are not consistent with the purposes and
policies of this Article and Act or otherwise fully proper,
the Commission after notice and hearing shall have the power
to modify the level, scope, or limits of such band or range,
and to modify or limit the operation of such formula or
standard, as necessary, to ensure that rates or charges
resulting therefrom are consistent with the purposes and
policies of this Article and Act and fully proper, and likely
to remain so in the foreseeable forseeable future.
(b) The Commission may require a telecommunications
carrier to file a variable tariff as described in paragraph
(a) for any or all competitive telecommunications services
which are offered or provided by such carrier, if the
Commission finds, after notice and hearing, that the
determination of rates or charges for such service by a
tariff would improve the Commission's ability to effectively
regulate such rates or charges and that such improvement is
required by the public interest. Any such tariff required by
the Commission shall be approved only if it is also
consistent with the provisions of paragraph (a) of this
Section.
(c) When the Commission approves a variable tariff, as
proposed or modified pursuant to this Section, the
telecommunications carrier shall place such tariff in effect
thereafter and such tariff shall determine rates or charges
according to the provisions thereof.
(Source: P.A. 90-185, eff. 7-23-97; revised 11-19-97.)
Section 107. The Hearing Instrument Consumer Protection
Act is amended by changing Section 5 as follows:
(225 ILCS 50/5) (from Ch. 111, par. 7405)
Sec. 5. License Licensed required. No person shall
engage in the selling, practice of testing, fitting,
selecting, recommending, adapting, dispensing, or servicing
hearing instruments or display a sign, advertise, or
represent oneself as a person who practices the fitting or
selling of hearing instruments unless such person holds a
current license issued by the Department as provided in this
Act. Such person shall be known as a licensed hearing
instrument dispenser. Individuals licensed pursuant to the
provisions of Section 8 of this Act shall be deemed qualified
to provide tests of human hearing and hearing instrument
evaluations for the purpose of dispensing a hearing
instrument for which any State agency may contract. The
license shall be conspicuously displayed in the place of
business. Duplicate licenses shall be issued by the
Department to licensees operating more than one office upon
the additional payment set forth in this Act.
Except for violations of the provisions of this Act, or
the rules promulgated under it, nothing in this Act shall
prohibit a corporation, partnership, trust, association, or
other entity from engaging in the business of testing,
fitting, servicing, selecting, dispensing, selling, or
offering for sale hearing instruments at retail without a
license, provided it employs only licensed individuals in the
direct testing, fitting, servicing, selecting, offering for
sale, or dispensing of such products. Each such corporation,
partnership, trust, association, or other entity shall file
with the Department, prior to doing business in this State
and by July 1 of each calendar year thereafter, on forms
prescribed by the Department, a list of all licensed hearing
instrument dispensers employed by it and a statement
attesting that it complies with this Act and the rules
promulgated under it and the regulations of the Federal Food
and Drug Administration and the Federal Trade Commission
insofar as they are applicable.
(Source: P.A. 89-72, eff. 12-31-95; revised 12-18-97.)
Section 108. The Marriage and Family Therapy Licensing
Act is amended by changing Section 95 as follows:
(225 ILCS 55/95) (from Ch. 111, par. 8351-95)
Sec. 95. Investigation; notice and hearing. The
Department may investigate the actions or qualifications of
any person or persons holding or claiming to hold a license.
Before suspending, revoking, placing on probationary status,
or taking any other disciplinary action as the Department may
deem proper with regard to any license, at least 30 days
before the date set for the hearing, the Department shall (i)
notify the accused in writing of any charges made and the
time and place for a hearing on the charges before the Board,
(ii) direct him or her to file a written answer to the
charges with the Board under oath within 20 days after the
service on him or her of such notice, and (iii) inform him or
her that if he or she fails to file an answer, default will
be taken against him or her and his or her license may be
suspended, revoked, placed on probationary status, or other
disciplinary action taken with regard to the license,
including limiting the scope, nature, or extent of his or her
practice, as the Department may deem proper. In case the
person, after receiving notice, fails to file an answer, his
or her license may, in the discretion of the Department, be
suspended, revoked, placed on probationary status, or the
Department may take whatever disciplinary action deemed
proper, including limiting the scope, nature, or extent of
the person's practice or the imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act. This written notice
and any notice in the subsequent proceedings may be served by
personal delivery to the accused person, or by registered or
certified mail to the address last specified by the accused
in his last notification to the Department. In case the
person fails to file an answer after receiving notice, his or
her license may, in the discretion of the Department, be
suspended, revoked, or placed on probationary status, or the
Department may take whatever disciplinary action deemed
proper, including limiting the scope, nature, or extent of
the person's practice or the imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act. The written answer
shall be served by personal delivery, certified delivery, or
certified or registered mail to the Department. At the time
and place fixed in the notice, the Department shall proceed
to hear the charges and the parties or their counsel shall be
accorded ample opportunity to present such statements,
testimony, evidence, and argument as may be pertinent to the
charges or to the defense thereto. The Department may
continue such hearing from time to time. At the discretion
of the Director after having first received the
recommendation of the Board, the accused person's license may
be suspended or revoked, if the evidence constitutes
sufficient grounds for such action under this Act.
(Source: P.A. 90-61, eff. 12-30-97; revised 12-18-97.)
Section 109. The Naprapathic Practice Act is amended by
changing Section 120 as follows:
(225 ILCS 63/120)
Sec. 120. Injunctions; cease and desist orders.
(a) If any person violates the provision of this Act,
the Director may, in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois or the State's Attorney of any county in which the
action is brought, petition for an order enjoining the
violation or for an order enforcing compliance with this Act.
Upon the filing of a verified petition in court, the court
may issue a temporary restraining order, without notice or
bond, and may preliminarily and permanently enjoin the
violation. If it is established that the person has violated
or is violating the injunction, the Court may punish the
offender for contempt of court. Proceedings under this
Section shall be in addition to, and not in lieu of, all
other remedies and penalties provided by this Act.
(b) If any person practices as a naprapath or holds
himself or herself out as a naprapath without being licensed
under the provisions of this Act then any licensed naprapath,
any interested party, or any person injured thereby may, in
addition to the Director, petition for relief as provided in
subsection (a) of this Section.
(c) Whenever in the opinion of the Department any person
violates any provision of this Act, the Department may issue
a rule to show cause why an order to cease and the desist
should not be entered against that person. The rule shall
clearly set forth the grounds relied upon by the Department
and shall provide a period of 7 days from the date of the
rule to file an answer to the satisfaction of the Department.
Failure to answer to the satisfaction of the Department shall
cause an order to cease and desist to be issued immediately.
(Source: P.A. 89-61, eff. 6-30-95; revised 12-18-97.)
Section 110. The Illinois Nursing Act of 1987 is amended
by changing Sections 3, 4, and 24 as follows:
(225 ILCS 65/3) (from Ch. 111, par. 3503)
Sec. 3. Definitions. Each of the following terms, when
used in this Act, shall have the meaning ascribed to it in
this Section, except where the context clearly indicates
otherwise:
(a) "Department" means the Department of Professional
Regulation.
(b) "Director" means the Director of Professional
Regulation.
(c) "Board" means the Board of Nursing appointed by the
Director.
(d) "Academic year" means the customary annual schedule
of courses at a college, university, or approved school,
customarily regarded as the school year as distinguished from
the calendar year.
(e) "Approved program of professional nursing education"
and "approved program of practical nursing education" are
programs of professional or practical nursing, respectively,
approved by the Department under the provisions of this Act.
(f) "Nursing Act Coordinator" means a registered
professional nurse appointed by the Director to carry out the
administrative policies of the Department.
(g) "Assistant Nursing Act Coordinator" means a
registered professional nurse appointed by the Director to
assist in carrying out the administrative policies of the
Department.
(h) "Registered" is the equivalent of "licensed".
(i) "Practical nurse" or "licensed practical nurse"
means a person who is licensed as a practical nurse under
this Act and practices practical nursing as defined in
paragraph (j) of this Section. Only a practical nurse
licensed under this Act is entitled to use the title
"licensed practical nurse" and the abbreviation "L.P.N.".
(j) "Practical nursing" means the performance of nursing
acts requiring the basic nursing knowledge, judgement, and
skill acquired by means of completion of an approved
practical nursing education program. Practical nursing
includes assisting in the nursing process as delegated by and
under the direction of a registered professional nurse. The
practical nurse may work under the direction of a licensed
physician, dentist, podiatrist, or other health care
professional determined by the Department.
(k) "Registered Nurse" or "Registered Professional
Nurse" means a person who is licensed as a professional nurse
under this Act and practices nursing as defined in paragraph
(l) of this Section. Only a registered nurse licensed under
this Act is entitled to use the titles "registered nurse" and
"registered professional nurse" and the abbreviation, "R.N.".
(l) "Registered professional nursing practice" includes
all nursing specialities and means the performance of any
nursing act based upon professional knowledge, judgment, and
skills acquired by means of completion of an approved
registered professional nursing education program. A
registered professional nurse provides nursing care
emphasizing the importance of the whole and the
interdependence of its parts through the nursing process to
individuals, groups, families, or communities, that includes
but is not limited to: (1) the assessment of healthcare
needs, nursing diagnosis, planning, implementation, and
nursing evaluation; (2) the promotion, maintenance, and
restoration of health; (3) counseling, patient education,
health education, and patient advocacy; (4) the
administration of medications and treatments as prescribed by
a physician licensed to practice medicine in all of its
branches, a licensed dentist, a licensed podiatrist, or a
licensed optometrist; (5) the coordination and management of
the nursing plan of care; (6) the delegation to and
supervision of individuals who assist the registered
professional nurse implementing the plan of care; and (7)
teaching and supervision of nursing students. in The
foregoing shall not be deemed to include those acts of
medical diagnosis or prescription of therapeutic or
corrective measures that are properly performed only by
physicians licensed in the State of Illinois.
(m) "Current nursing practice update course" means a
planned nursing education curriculum approved by the
Department consisting of activities that have educational
objectives, instructional methods, content or subject matter,
clinical practice, and evaluation methods, related to basic
review and updating content and specifically planned for
those nurses previously licensed in the United States or its
territories and preparing for reentry into nursing practice.
(n) "Professional assistance program for nurses" means a
professional assistance program that meets criteria
established by the Committee on Nursing and approved by the
Director, which provides a non-disciplinary treatment
approach for nurses licensed under this Act whose ability to
practice is compromised by alcohol or chemical substance
addiction.
(Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
revised 8-12-97.)
(225 ILCS 65/4) (from Ch. 111, par. 3504)
Sec. 4. Policy; application of Act. For the protection
of life and the promotion of health, and the prevention of
illness and communicable diseases, any person practicing or
offering to practice professional and practical nursing in
Illinois shall submit evidence that he or she is qualified to
practice, and shall be licensed as provided under this Act.
No person shall practice or offer to practice professional or
practical nursing in Illinois or use any title, sign, card or
device to indicate that such a person is practicing
professional or practical nursing unless such person has been
licensed under the provisions of this Act.
This Act does not prohibit the following:
(a) The practice of nursing in Federal employment in the
discharge of the employee's duties by a person who is
employed by the United States government or any bureau,
division or agency thereof and is a legally qualified and
licensed nurse of another state or territory and not in
conflict with Sections 6, 12, and 25 of this Act.;
(b) Nursing that is included in their program of study
by students enrolled in programs of nursing or in current
nurse practice update courses approved by the Department.;
(c) The furnishing of nursing assistance in an
emergency.;
(d) The practice of nursing by a nurse who holds an
active license in another state when providing services to
patients in Illinois during a bonafide emergency or in
immediate preparation for or during interstate transit.;
(e) The incidental care of the sick by members of the
family, domestic servants or housekeepers, or care of the
sick where treatment is by prayer or spiritual means.;
(f) Persons from being employed as nursing aides,
attendants, orderlies, and other auxiliary workers in private
homes, long term care facilities, nurseries, hospitals or
other institutions.;
(g) The practice of practical nursing by one who has
applied in writing to the Department in form and substance
satisfactory to the Department, for a license as a licensed
practical nurse and has complied with all the provisions
under Section 12, except the passing of an examination to be
eligible to receive such license, until: the decision of the
Department that the applicant has failed to pass the next
available examination authorized by the Department, or
failed, without an approved excuse, to take the next
available examination authorized by the Department, or the
withdrawal of the application, not to exceed 3 months. No
applicant for licensure practicing under the provisions of
this paragraph shall practice practical nursing except under
the direct supervision of a registered professional nurse
licensed under this Act or a licensed physician, dentist or
podiatrist. In no instance shall any such applicant practice
or be employed in any supervisory capacity.;
(h) The practice of practical nursing by one who is a
licensed practical nurse under the laws of another U.S.
jurisdiction and has applied in writing to the Department, in
form and substance satisfactory to the Department, for a
license as a licensed practical nurse and who is qualified to
receive such license under Section 12, until: (1) the
expiration of 6 months after the filing of such written
application, or (2) the withdrawal of such application, or
(3) the denial of such application by the Department.;
(i) The practice of professional nursing by one who has
applied in writing to the Department in form and substance
satisfactory to the Department for a license as a registered
professional nurse and has complied with all the provisions
under Section 12 except the passing of an examination to be
eligible to receive such license until: the decision of the
Department that the applicant has failed to pass the next
available examination authorized by the Department, or
failed, without an approved excuse, to take the next
available examination authorized by the Department or the
withdrawal of the application, not to exceed 3 months. No
applicant for licensure practicing under the provisions of
this paragraph shall practice professional nursing except
under the direct supervision of a registered professional
nurse licensed under this Act. In no instance shall any such
applicant practice or be employed in any supervisory
capacity.;
(j) The practice of professional nursing by one who is a
registered professional nurse under the laws of another
state, territory of the United States or country and has
applied in writing to the Department, in form and substance
satisfactory to the Department, for a license as a registered
professional nurse and who is qualified to receive such
license under Section 12, until: (1) the expiration of 6
months after the filing of such written application, or (2)
the withdrawal of such application, or (3) the denial of such
application by the Department.;
(k) The practice of professional nursing that is
included in a program of study by one who is a registered
professional nurse under the laws of another state or
territory of the United States or foreign country, territory
or province and who is enrolled in a graduate nursing
education program or a program for the completion of a
baccalaureate nursing degree in this State which program
includes clinical supervision by faculty as determined by the
educational institution offering the program and the health
care organization where the practice of nursing occurs. The
educational institution will file with the Department each
academic term a list of the names and origin of license of
all professional nurses practicing nursing as part of their
programs under this provision.; or
(l) Any person licensed in this State under any other
Act from engaging in the practice for which she or he is
licensed.
An applicant for license practicing under the exceptions
set forth in subparagraphs (g), (h), (i), and (j) of this
Section shall use the title R.N. Lic. Pend. or L.P.N. Lic.
Pend. respectively and no other.
(Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
revised 8-12-97.)
(225 ILCS 65/24) (from Ch. 111, par. 3524)
Sec. 24. Fund. There is hereby created within the State
Treasury the Nursing Dedicated and Professional Fund. The
monies in the Fund may be used by and at the direction of the
Department for the administration and enforcement of this
Act, including but not limited to:
(a) Distribution and publication of the Illinois
Nursing Act of 1987 and the rules at the time of renewal
to all Registered Professional Nurses and Licensed
Practical Nurses licensed by the Department.
(b) Employment of secretarial, nursing,
administrative, enforcement, and other staff for the
administration of this Act.
(c) Conducting a survey, as prescribed by rule of
the Department, once every 4 years during the license
renewal period.
(d) Conducting of training seminars for licensees
under this Act relating to the obligations,
responsibilities, enforcement and other provisions of the
Act and its rules.
(e) Disposition of Fees:
(i) (Blank).
(ii) All of the fees and fines collected
pursuant to this Act shall be deposited in the
Nursing Dedicated and Professional Fund.
(iii) For the fiscal year beginning July 1,
1988, the moneys deposited in the Nursing Dedicated
and Professional Fund shall be appropriated to the
Department for expenses of the Department and the
Board in the administration of this Act. All
earnings received from investment of moneys in the
Nursing Dedicated and Professional Fund shall be
deposited in the Nursing Dedicated and Professional
Fund and shall be used for the same purposes as fees
deposited in the Fund.
(iv) For the fiscal year beginning July 1,
1991 and for each fiscal year thereafter, either 10%
of the moneys deposited in the Nursing Dedicated and
Professional Fund each year, not including interest
accumulated on such moneys, or any moneys deposited
in the Fund in each year which are in excess of the
amount appropriated in that year to meet ordinary
and contingent expenses of the Board, whichever is
less, shall be set aside and appropriated to the
Illinois Department of Public Health for nursing
scholarships awarded pursuant to the Nursing
Education Scholarship Law.
(v) Moneys in the Fund may be transferred to
the Professions Indirect Cost Fund as authorized
under Section 61e of the Civil Administrative Code
of Illinois.
(Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
89-626, eff. 8-9-96; 90-61, eff. 12-30-97; 90-372, eff.
7-1-98; revised 8-18-97.)
Section 111. The Illinois Optometric Practice Act of
1987 is amended by changing Sections 3 and 24 as follows:
(225 ILCS 80/3) (from Ch. 111, par. 3903)
Sec. 3. Practice of optometry defined; referrals;
manufacture of lenses and prisms.
(a) The practice of optometry is defined as the
employment of any and all means for the examination,
diagnosis, and treatment of the human visual system, the
human eye, and its appendages without the use of surgery,
including but not limited to: the appropriate use of
diagnostic ocular pharmaceutical agents and therapeutic
ocular pharmaceutical agents; refraction and other
determinants of visual function; prescribing corrective
lenses or prisms; prescribing, dispensing, or management of
contact lenses; vision therapy; visual rehabilitation; or any
other procedures taught in schools and colleges of optometry
approved by the Department, and not specifically restricted
in this Act, subject to demonstrated competency and training
as required by the Board, and pursuant to rule or regulation
approved by the Board and adopted by the Department.
A person shall be deemed to be practicing optometry
within the meaning of this Act who:
(1) In any way presents himself or herself to be
qualified to practice optometry.
(2) Performs refractions or employs any other
determinants of visual function.
(3) Employs any means for the adaptation of lenses
or prisms.
(4) Prescribes corrective lenses, prisms, vision
therapy, visual rehabilitation, or ocular pharmaceutical
agents.
(5) Prescribes or manages contact lenses for
refractive, cosmetic, or therapeutic purposes.
(6) Evaluates the need for, or prescribes, low
vision aids to partially sighted persons.
(7) Diagnoses or treats any ocular abnormality,
disease, or visual or muscular anomaly of the human eye
or visual system.
(8) Practices, or offers or attempts to practice,
optometry as defined in this Act either on his or her own
behalf or as an employee of a person, firm, or
corporation, whether under the supervision of his or her
employer or not.
Nothing in this Section shall be interpreted to prevent a
person from functioning as an assistant under the direct
supervision of a person licensed by the State of Illinois to
practice optometry or medicine in all of its branches, or to
prohibit visual screening programs conducted by charitable
organizations acting in the public welfare under the
supervision of a committee composed of persons licensed by
the State of Illinois to practice optometry or persons
licensed by the State of Illinois to practice medicine in all
of its branches.
(b) When, in the course of providing optometric services
to any person, an optometrist licensed under this Act finds
an indication of a disease or condition of the eye which in
his or her professional judgment requires professional
service outside the scope of practice as defined in this Act,
he or she shall refer such person to a physician licensed to
practice medicine in all of its branches, or other
appropriate health care practitioner. Nothing in this Act
shall preclude an optometrist who is therapeutically
certified from rendering appropriate nonsurgical ophthalmic
emergency care.
(c) Nothing contained in this Section shall prohibit a
person from manufacturing ophthalmic opthalmic lenses and
prisms or the fabrication of contact lenses according to the
specifications prescribed by an optometrist or a physician
licensed to practice medicine in all of its branches, but
shall specifically prohibit the sale or delivery of
ophthalmic opthalmic lenses, prisms, and contact lenses
without a prescription signed by an optometrist or a
physician licensed to practice medicine in all of its
branches.
(d) Nothing in this Act shall restrict the filling of a
prescription by a pharmacist licensed under the Pharmacy
Practice Act of 1987.
(Source: P.A. 89-140, eff. 1-1-96; 89-702, eff. 7-1-97;
revised 7-7-97.)
(225 ILCS 80/24) (from Ch. 111, par. 3924)
Sec. 24. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or
may revoke, suspend, place on probation, reprimand or take
other disciplinary action as the Department may deem proper,
including fines not to exceed $5,000 for each violation, with
regard to any license or certificate for any one or
combination of the following causes:
(1) Violations of this Act, or of the rules
promulgated hereunder.
(2) Conviction of any crime under the laws of any
U.S. jurisdiction thereof that is a felony or that is a
misdemeanor of which an essential element is dishonesty,
or of any crime that is directly related to the practice
of the profession.
(3) Making any misrepresentation for the purpose of
obtaining a license or certificate.
(4) Professional incompetence or gross negligence
in the practice of optometry.
(5) Gross malpractice, prima facie evidence of
which may be a conviction or judgment of malpractice in
any court of competent jurisdiction.
(6) Aiding or assisting another person in violating
any provision of this Act or rules.
(7) Failing, within 60 days, to provide information
in response to a written request made by the Department
that has been sent by certified or registered mail to the
licensee's last known address.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(9) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants or any other chemical
agent or drug that results in the inability to practice
with reasonable judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth herein.
(11) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for any professional services not actually
or personally rendered. This shall not be deemed to
include (i) rent or other remunerations paid to an
individual, partnership, or corporation by an optometrist
for the lease, rental, or use of space, owned or
controlled, by the individual, partnership, corporation
or association, and (ii) the division of fees between an
optometrist and related professional service providers
with whom the optometrist practices in a professional
corporation organized under Section 3.6 of the
Professional Service Corporation Act.
(12) A finding by the Department that the licensee,
after having his or her license placed on probationary
status has violated the terms of probation.
(13) Abandonment of a patient.
(14) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with State agencies or
departments.
(15) Willfully failing to report an instance of
suspected child abuse or neglect as required by the
Abused and Neglected Child Reporting Act.
(16) Physical illness, including but not limited
to, deterioration through the aging process, or loss of
motor skill, mental illness, or disability that results
in the inability to practice the profession with
reasonable judgment, skill, or safety.
(17) Solicitation of professional services other
than permitted advertising.
(18) Failure to provide a patient with a copy of
his or her record or prescription upon the written
request of the patient.
(19) Conviction by any court of competent
jurisdiction, either within or without this State, of any
violation of any law governing the practice of optometry,
conviction in this or another State of any crime that is
a felony under the laws of this State or conviction of a
felony in a federal court, if the Department determines,
after investigation, that such person has not been
sufficiently rehabilitated to warrant the public trust.
(20) A finding that licensure has been applied for
or obtained by fraudulent means.
(21) Continued practice by a person knowingly
having an infectious or contagious disease.
(22) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or a
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(23) Practicing or attempting to practice under a
name other than the full name as shown on his or her
license.
(24) Immoral conduct in the commission of any act,
such as sexual abuse, sexual misconduct or sexual
exploitation, related to the licensee's practice.
(25) Maintaining a professional relationship with
any person, firm, or corporation when the optometrist
knows, or should know, that such person, firm, or
corporation is violating this Act.
(26) Promotion of the sale of drugs, devices,
appliances or goods provided for a client or patient in
such manner as to exploit the patient or client for
financial gain of the licensee.
(27) Using the title "Doctor" or its abbreviation
without further qualifying that title or abbreviation
with the word "optometry" or "optometrist".
(28) Use by a licensed optometrist of the word
"infirmary", "hospital", "school", "university", in
English or any other language, in connection with the
place where optometry may be practiced or demonstrated.
(29) Continuance of an optometrist in the employ of
any person, firm or corporation, or as an assistant to
any optometrist or optometrists, directly or indirectly,
after his or her employer or superior has been found
guilty of violating or has been enjoined from violating
the laws of the State of Illinois relating to the
practice of optometry, when the employer or superior
persists in that violation.
(30) The performance of optometric service in
conjunction with a scheme or plan with another person,
firm or corporation known to be advertising in a manner
contrary to this Act or otherwise violating the laws of
the State of Illinois concerning the practice of
optometry.
(31) Failure to provide satisfactory proof of
having participated in approved continuing education
programs as determined by the Board and approved by the
Director. Exceptions for extreme hardships are to be
defined by the rules of the Department.
(32) Willfully making or filing false records or
reports in the practice of optometry, including, but not
limited to false records to support claims against the
medical assistance program of the Department of Public
Aid under the Illinois Public Aid Code.
(33) Gross and willful overcharging for
professional services including filing false statements
for collection of fees for which services are not
rendered, including, but not limited to filing false
statements for collection of monies for services not
rendered from the medical assistance program of the
Department of Public Aid under the Illinois Public Aid
Code.
(34) In the absence of good reasons to the
contrary, failure to perform a minimum eye examination as
required by the rules of the Department.
(35) Violation of the Health Care Worker
Self-Referral Act.
The Department may refuse to issue or may suspend the
license or certificate of any person who fails to file a
return, or to pay the tax, penalty or interest shown in a
filed return, or to pay any final assessment of the tax,
penalty or interest, as required by any tax Act administered
by the Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(a-5) In enforcing this Section, the Board upon a
showing of a possible violation, may compel any individual
licensed to practice under this Act, or who has applied for
licensure or certification pursuant to this Act, to submit to
a mental or physical examination, or both, as required by and
at the expense of the Department. The examining physicians
or clinical psychologists shall be those specifically
designated by the Board. The Board or the Department may
order the examining physician or clinical psychologist to
present testimony concerning this mental or physical
examination of the licensee or applicant. No information
shall be excluded by reason of any common law or statutory
privilege relating to communications between the licensee or
applicant and the examining physician or clinical
psychologist. Eye examinations may be provided by a licensed
and certified therapeutic optometrist. The individual to be
examined may have, at his or her own expense, another
physician of his or her choice present during all aspects of
the examination. Failure of any individual to submit to a
mental or physical examination, when directed, shall be
grounds for suspension of a license until such time as the
individual submits to the examination if the Board finds,
after notice and hearing, that the refusal to submit to the
examination was without reasonable cause.
If the Board finds an individual unable to practice
because of the reasons set forth in this Section, the Board
shall require such individual to submit to care, counseling,
or treatment by physicians or clinical psychologists approved
or designated by the Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure
to practice, or in lieu of care, counseling, or treatment,
the Board may recommend to the Department to file a complaint
compliant to immediately suspend, revoke, or otherwise
discipline the license of the individual, or the Board may
recommend to the Department to file a complaint to suspend,
revoke, or otherwise discipline the license of the
individual. Any individual whose license was granted
pursuant to this Act, or continued, reinstated, renewed,
disciplined, or supervised, subject to such conditions,
terms, or restrictions, who shall fail to comply with such
conditions, terms, or restrictions, shall be referred to the
Director for a determination as to whether the individual
shall have his or her license suspended immediately, pending
a hearing by the Board.
(b) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension
will end only upon a finding by a court that the patient is
no longer subject to involuntary admission or judicial
admission and issues an order so finding and discharging the
patient; and upon the recommendation of the Board to the
Director that the licensee be allowed to resume his or her
practice.
(Source: P.A. 89-702, eff. 7-1-97; 90-230, eff. 1-1-98;
revised 12-23-97.)
Section 112. The Pharmacy Practice Act of 1987 is
amended by changing Sections 3, 4, and 33 as follows:
(225 ILCS 85/3) (from Ch. 111, par. 4123)
Sec. 3. Definitions. For the purpose of this Act, except
where otherwise limited therein:
(a) "Pharmacy" or "drugstore" means and includes every
store, shop, pharmacy department, or other place where
pharmaceutical care is provided by a pharmacist (1) where
drugs, medicines, or poisons are dispensed, sold or offered
for sale at retail, or displayed for sale at retail; or (2)
where prescriptions of physicians, dentists, veterinarians,
podiatrists, or therapeutically certified optometrists,
within the limits of their licenses, are compounded, filled,
or dispensed; or (3) which has upon it or displayed within
it, or affixed to or used in connection with it, a sign
bearing the word or words "Pharmacist", "Druggist",
"Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore",
"Medicine Store", "Prescriptions", "Drugs", "Medicines", or
any word or words of similar or like import, either in the
English language or any other language; or (4) where the
characteristic prescription sign (Rx) or similar design is
exhibited; or (5) any store, or shop, or other place with
respect to which any of the above words, objects, signs or
designs are used in any advertisement.
(b) "Drugs" means and includes (l) articles recognized
in the official United States Pharmacopoeia/National
Formulary (USP/NF), or any supplement thereto and being
intended for and having for their main use the diagnosis,
cure, mitigation, treatment or prevention of disease in man
or other animals, as approved by the United States Food and
Drug Administration, but does not include devices or their
components, parts, or accessories; and (2) all other articles
intended for and having for their main use the diagnosis,
cure, mitigation, treatment or prevention of disease in man
or other animals, as approved by the United States Food and
Drug Administration, but does not include devices or their
components, parts, or accessories; and (3) articles (other
than food) having for their main use and intended to affect
the structure or any function of the body of man or other
animals; and (4) articles having for their main use and
intended for use as a component or any articles specified in
clause (l), (2) or (3); but does not include devices or their
components, parts or accessories.
(c) "Medicines" means and includes all drugs intended
for human or veterinary use approved by the United States
Food and Drug Administration.
(d) "Practice of pharmacy" means the provision of
pharmaceutical care to patients as determined by the
pharmacist's professional judgment in the following areas,
which may include but are not limited to (1) patient
counseling, (2) interpretation and assisting in the
monitoring of appropriate drug use and prospective drug
utilization review, (3) providing information on the
therapeutic values, reactions, drug interactions, side
effects, uses, selection of medications and medical devices,
and outcome of drug therapy, (4) participation in drug
selection, drug monitoring, drug utilization review,
evaluation, administration, interpretation, application of
pharmacokinetic and laboratory data to design safe and
effective drug regimens, (5) drug research (clinical and
scientific), and (6) compounding and dispensing of drugs and
medical devices.
(e) "Prescription" means and includes any written, oral,
facsimile, or electronically transmitted order for drugs or
medical devices, issued by a physician licensed to practice
medicine in all its branches, dentist, veterinarian, or
podiatrist, or therapeutically certified optometrist, within
the limits of their licenses, or by a physician assistant in
accordance with subsection (f) of Section 4, containing the
following: (l) name of the patient; (2) date when
prescription was issued; (3) name and strength of drug or
description of the medical device prescribed; and (4)
quantity, (5) directions for use, (6) prescriber's name,
address and signature, and (7) DEA number where required, for
controlled substances. DEA numbers shall not be required on
inpatient drug orders.
(f) "Person" means and includes a natural person,
copartnership, association, corporation, government entity,
or any other legal entity.
(g) "Department" means the Department of Professional
Regulation.
(h) "Board of Pharmacy" or "Board" means the State Board
of Pharmacy of the Department of Professional Regulation.
(i) "Director" means the Director of Professional
Regulation.
(j) "Drug product selection" means the interchange for a
prescribed pharmaceutical product in accordance with Section
25 of this Act and Section 3.14 of the Illinois Food, Drug
and Cosmetic Act.
(k) "Inpatient drug order" means an order issued by an
authorized prescriber for a resident or patient of a facility
licensed under the Nursing Home Care Act or the Hospital
Licensing Act, or "An Act in relation to the founding and
operation of the University of Illinois Hospital and the
conduct of University of Illinois health care programs",
approved July 3, 1931, as amended, or a facility which is
operated by the Department of Human Services (as successor to
the Department of Mental Health and Developmental
Disabilities) or the Department of Corrections.
(k-5) "Pharmacist" means an individual currently
licensed by this State to engage in the practice of pharmacy.
(l) "Pharmacist in charge" means the licensed pharmacist
whose name appears on a pharmacy license who is responsible
for all aspects of the operation related to the practice of
pharmacy.
(m) "Dispense" means the delivery of drugs and medical
devices, in accordance with applicable State and federal laws
and regulations, to the patient or the patient's
representative authorized to receive these products,
including the compounding, packaging, and labeling necessary
for delivery, and any recommending or advising concerning the
contents and therapeutic values and uses thereof. "Dispense"
does not mean the physical delivery to a patient or a
patient's representative in a home or institution by a
designee of a pharmacist or by common carrier. "Dispense"
also does not mean the physical delivery of a drug or medical
device to a patient or patient's representative by a
pharmacist's designee within a pharmacy or drugstore while
the pharmacist is on duty and the pharmacy is open.
(n) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States, other than Illinois,
that delivers, dispenses or distributes, through the United
States Postal Service or other common carrier, to Illinois
residents, any substance which requires a prescription.
(o) "Compounding" means the preparation, mixing,
assembling, packaging, or labeling of a drug or medical
device: (1) as the result of a practitioner's prescription
drug order or initiative that is dispensed pursuant to a
prescription in the course of professional practice; or (2)
for the purpose of, or incident to, research, teaching, or
chemical analysis; or (3) in anticipation of prescription
drug orders based on routine, regularly observed prescribing
patterns.
(p) "Confidential information" means information,
maintained by the pharmacist in the patient's records,
released only (i) to the patient or, as the patient directs,
to other practitioners and other pharmacists or (ii) to any
other person authorized by law to receive the information.
(q) "Prospective drug review" or "drug utilization
evaluation" means a screening for potential drug therapy
problems due to therapeutic duplication, drug-disease
contraindications, drug-drug interactions (including serious
interactions with nonprescription or over-the-counter drugs),
drug-food interactions, incorrect drug dosage or duration of
drug treatment, drug-allergy interactions, and clinical abuse
or misuse.
(r) "Patient counseling" means the communication between
a pharmacist or a student pharmacist under the direct
supervision of a pharmacist and a patient or the patient's
representative about the patient's medication or device for
the purpose of optimizing proper use of prescription
medications or devices. The offer to counsel by the
pharmacist or the pharmacist's designee, and subsequent
patient counseling by the pharmacist or student pharmacist,
shall be made in a face-to-face communication with the
patient or patient's representative unless, in the
professional judgment of the pharmacist, a face-to-face
communication is deemed inappropriate or unnecessary. In
that instance, the offer to counsel or patient counseling may
be made in a written communication, by telephone, or in a
manner determined by the pharmacist to be appropriate.
(s) "Patient profiles" or "patient drug therapy record"
means the obtaining, recording, and maintenance of patient
prescription and personal information.
(t) "Pharmaceutical care" includes, but is not limited
to, the act of monitoring drug use and other patient care
services intended to achieve outcomes that improve the
patient's quality of life but shall not include the sale of
over-the-counter drugs by a seller of goods and services who
does not dispense prescription drugs.
(u) "Medical device" means an instrument, apparatus,
implement, machine, contrivance, implant, in vitro reagent,
or other similar or related article, including any component
part or accessory, required under federal law to bear the
label "Caution: Federal law requires dispensing by or on the
order of a physician". A seller of goods and services who,
only for the purpose of retail sales, compounds, sells,
rents, or leases medical devices shall not, by reasons
thereof, be required to be a licensed pharmacy.
(Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97;
90-116, eff. 7-14-97; 90-253, eff. 7-29-97; revised 8-5-97.)
(225 ILCS 85/4) (from Ch. 111, par. 4124)
Sec. 4. Exemptions. Nothing contained in any Section of
this Act shall apply to, or in any manner interfere with:
(a) the lawful practice of any physician licensed to
practice medicine in all of its branches, dentist,
podiatrist, veterinarian, or therapeutically or
diagnostically certified optometrist within the limits of his
or her license, or prevent him or her from supplying to his
or her bona fide patients such drugs, medicines, or poisons
as may seem to him appropriate;
(b) the sale of compressed gases;
(c) the sale of patent or proprietary medicines and
household remedies when sold in original and unbroken
packages only, if such patent or proprietary medicines and
household remedies be properly and adequately labeled as to
content and usage and generally considered and accepted as
harmless and nonpoisonous when used according to the
directions on the label, and also do not contain opium or
coca leaves, or any compound, salt or derivative thereof, or
any drug which, according to the latest editions of the
following authoritative pharmaceutical treatises and
standards, namely, The United States Pharmacopoeia/National
Formulary (USP/NF), the United States Dispensatory, and the
Accepted Dental Remedies of the Council of Dental
Therapeutics of the American Dental Association or any or
either of them, in use on the effective date of this Act, or
according to the existing provisions of the Federal Food,
Drug, and Cosmetic Act and Regulations of the Department of
Health and Human Services, Food and Drug Administration,
promulgated thereunder now in effect, is designated,
described or considered as a narcotic, hypnotic, habit
forming, dangerous, or poisonous drug;
(d) the sale of poultry and livestock remedies in
original and unbroken packages only, labeled for poultry and
livestock medication; and
(e) the sale of poisonous substances or mixture of
poisonous substances, in unbroken packages, for nonmedicinal
use in the arts or industries or for insecticide purposes;
provided, they are properly and adequately labeled as to
content and such nonmedicinal usage, in conformity with the
provisions of all applicable federal, state and local laws
and regulations promulgated thereunder now in effect relating
thereto and governing the same, and those which are required
under such applicable laws and regulations to be labeled with
the word "Poison", are also labeled with the word "Poison"
printed thereon in prominent type and the name of a readily
obtainable antidote with directions for its administration;
and
(f) the delegation of limited prescriptive authority by
a physician licensed to practice medicine in all its branches
to a physician assistant under Section 7.5 of the Physician
Assistant Practice Act of 1987. This delegated authority may
but is not required to include prescription of Schedule III,
IV, or V controlled substances, as defined in Article II of
the Illinois Controlled Substances Act, in accordance with
written guidelines under Section 7.5 of the Physician
Assistant Practice Act of 1987.
(Source: P.A. 90-116, eff. 7-14-97; 90-253, eff. 7-29-97;
revised 8-5-97.)
(225 ILCS 85/33) (from Ch. 111, par. 4153)
Sec. 33. The Director of the Department may, upon
receipt of a written communication from the Secretary of
Human Services, the Director of Public Aid, or the Director
of Public Health that continuation of practice of a person
licensed or registered under this Act constitutes an
immediate danger to the public, immediately suspend the
license or registration of such person without a hearing. In
instances in which the Director immediately suspends a
license or registration under this Act Action, a hearing upon
such person's license must be convened by the Board within 15
days after such suspension and completed without appreciable
delay, such hearing held to determine whether to recommend to
the Director that the person's license be revoked, suspended,
placed on probationary status or reinstated, or such person
be subject to other disciplinary action. In such hearing,
the written communication and any other evidence submitted
therewith may be introduced as evidence against such person;
provided however, the person, or his counsel, shall have the
opportunity to discredit or impeach such evidence and submit
evidence rebutting same.
(Source: P.A. 89-507, eff. 7-1-97; revised 12-18-97.)
Section 113. The Illinois Physical Therapy Act is
amended by changing Section 23 as follows:
(225 ILCS 90/23) (from Ch. 111, par. 4273)
Sec. 23. Rehearing. In any case involving the refusal
to issue, renew or discipline of a license, a copy of the
Committee's report shall be served upon the respondent by the
Department, either personally or as provided in this Act for
the service of the notice of hearing. Within 20 days after
such service, the respondent may present to the Department a
motion in writing for a rehearing, which motion shall specify
the particular grounds therefor. If no motion for rehearing
is filed, then upon the expiration of the time specified for
filing such a motion, or if a motion for rehearing is denied,
then upon such denial the Director may enter an order in
accordance with recommendations of the Committee except as
provided in Section 22 16.6 of this Act. If the respondent
shall order from the reporting service, and pay for a
transcript of the record within the time for filing a motion
for rehearing, the 20 day period within which such a motion
may be filed shall commence upon the delivery of the
transcript to the respondent.
(Source: P.A. 84-595; revised 12-23-97.)
Section 114. The Physician Assistant Practice Act of
1987 is amended by changing Sections 6 and 21 as follows:
(225 ILCS 95/6) (from Ch. 111, par. 4606)
Sec. 6. Title; Designation; billing. No physician
assistant shall use the title of doctor or associate with his
or her name or any other term that would indicate to other
persons that he or she is qualified to engage in the general
practice of medicine.
A physician assistant shall not be allowed to bill
patients or in any way to charge for services. Nothing in
this Act, however, shall be so construed as to prevent the
employer of a physician assistant from charging for services
rendered by the physician assistant. Payment for services
rendered by a physician assistant shall be made to his or her
employer if the payor would have made payment had the
services been provided by a physician licensed to practice
medicine in all its branches.
The supervising physician shall file with the Department
notice of employment, discharge, or supervisory control of a
physician assistant at the time of employment, discharge, or
assumption of supervisory control of a physician assistant.
(Source: P.A. 90-61, eff. 12-30-97; 90-116, eff. 7-14-97;
revised 8-12-97.)
(225 ILCS 95/21) (from Ch. 111, par. 4621)
Sec. 21. Grounds for disciplinary action Discipline.
(a) The Department may refuse to issue or to renew, or
may revoke, suspend, place on probation, censure or
reprimand, or take other disciplinary action with regard to
any license issued under this Act as the Department may deem
proper, including the issuance of fines not to exceed $5000
for each violation, for any one or combination of the
following causes:
(1) Material misstatement in furnishing information
to the Department.
(2) Violations of this Act, or the rules adopted
under this Act.
(3) Conviction of any crime under the laws of any
U.S. jurisdiction that is a felony or that is a
misdemeanor, an essential element of which is dishonesty,
or of any crime which is directly related to the practice
of the profession.
(4) Making any misrepresentation for the purpose of
obtaining licenses.
(5) Professional incompetence.
(6) Aiding or assisting another person in violating
any provision of this Act or its rules.
(7) Failing, within 60 days, to provide information
in response to a written request made by the Department.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct, as defined by rule, of a
character likely to deceive, defraud, or harm the public.
(9) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in a physician assistant's
inability to practice with reasonable judgment, skill, or
safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for
discipline is the same or substantially equivalent to
those set forth in this Section.
(11) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate or other form of
compensation for any professional services not actually
or personally rendered.
(12) A finding by the Disciplinary Board that the
licensee, after having his or her license placed on
probationary status has violated the terms of probation.
(13) Abandonment of a patient.
(14) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with state agencies or
departments.
(15) Willfully failing to report an instance of
suspected child abuse or neglect as required by the
Abused and Neglected Child Reporting Act.
(16) Physical illness, including but not limited
to, deterioration through the aging process, or loss of
motor skill, mental illness, or disability that results
in the inability to practice the profession with
reasonable judgment, skill or safety.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) Conviction in this State or another state of
any crime that is a felony under the laws of this State,
or conviction of a felony in a federal court.
(19) Gross malpractice resulting in permanent
injury or death of a patient.
(20) Employment of fraud, deception or any unlawful
means in applying for or securing a license as a
physician assistant.
(21) Exceeding the authority delegated to him or
her by his or her supervising physician in guidelines
established by the physician/physician assistant team.
(22) Immoral conduct in the commission of any act,
such as sexual abuse, sexual misconduct or sexual
exploitation related to the licensee's practice.
(23) Violation of the Health Care Worker
Self-Referral Act.
(24) Practicing under a false or assumed name,
except as provided by law.
(25) Making a false or misleading statement
regarding his or her skill or the efficacy or value of
the medicine, treatment, or remedy prescribed by him or
her in the course of treatment.
(26) Allowing another person to use his or her
license to practice.
(27) Prescribing, selling, administering,
distributing, giving, or self-administering a drug
classified as a controlled substance (designated product)
or narcotic for other than medically-accepted therapeutic
purposes.
(28) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner
to exploit the patient for financial gain.
(29) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(30) Violating State or federal laws or regulations
relating to controlled substances.
(31) Exceeding the limited prescriptive authority
delegated by the supervising physician or violating the
written guidelines delegating that authority.
(32) Practicing without providing to the Department
a notice of supervision or delegation of prescriptive
authority.
(b) The Department may refuse to issue or may suspend
the license of any person who fails to file a return, or to
pay the tax, penalty or interest shown in a filed return, or
to pay any final assessment of the tax, penalty, or interest
as required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and issues an order so finding and discharging the patient,
and upon the recommendation of the Disciplinary Board to the
Director that the licensee be allowed to resume his or her
practice.
(d) In enforcing this Section, the Department upon a
showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of
the Department. The Department may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Department. The individual to be examined may have, at his or
her own expense, another physician of his or her choice
present during all aspects of this examination. Failure of
an individual to submit to a mental or physical examination,
when directed, shall be grounds for suspension of his or her
license until the individual submits to the examination if
the Department finds, after notice and hearing, that the
refusal to submit to the examination was without reasonable
cause.
If the Department finds an individual unable to practice
because of the reasons set forth in this Section, the
Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice; or,
in lieu of care, counseling, or treatment, the Department may
file a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual. An individual whose
license was granted, continued, reinstated, renewed,
disciplined, or supervised subject to such terms, conditions,
or restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the
Director for a determination as to whether the individual
shall have his or her license suspended immediately, pending
a hearing by the Department.
In instances in which the Director immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 90-61, eff. 12-30-97; 90-116, eff. 7-14-97;
revised 8-12-97.)
Section 115. The Professional Boxing and Wrestling Act
is amended by changing Section 11 as follows:
(225 ILCS 105/11) (from Ch. 111, par. 5011)
Sec. 11. The Department shall grant licenses to the
following persons if the following qualifications are met:
(A) An applicant for licensure as a contestant in a
boxing match must: (1) be 18 years old, except when the
applicant has exhibited unusual maturity or ability, (2) be
of good moral character, (3) file an application stating the
applicant's correct name, (and no assumed or ring name may be
used unless such name is registered with the Department along
with the applicant's correct name), date and place of birth,
place of current residence, and a sworn statement that he is
not currently in violation of any federal, State or local
laws or rules governing boxing, (4) file a certificate of a
physician licensed to practice medicine in all of its
branches which attests that the applicant is physically fit
and qualified to participate in boxing matches, and (5) pay
the required fee.
(B) An applicant for licensure as a boxing promoter,
referee, judge, manager, trainer or timekeeper must: (1) be
of good moral character, (2) file an application stating the
applicant's name, date and place of birth, and place of
current residence along with a sworn statement that he is not
currently in violation of any federal, State or local laws or
rules governing boxing, (3) have had satisfactory experience
in his field, and (4) pay the required fee. An applicant for
licensure as a referee, manager or trainer must also file
proof that he has participated in medical seminars pertaining
to boxing contests, the curriculum and number of hours of
which the Department by rule deems sufficient.
(C) An applicant for registration as a wrestling
promoter must: (1) be of good moral character, (2) file an
application with the Department stating the applicant's name,
date and place of birth, and place of current residence
resident along with a sworn statement that he is not
currently in violation of any federal, State or local laws or
rules governing wrestling, and (3) pay the required fee.
In determining good moral character, the Department may
take into consideration any felony conviction of the
applicant, but such a conviction shall not operate as a bar
to licensure. No license issued under this Act is
transferable.
(Source: P.A. 83-398; revised 12-18-97.)
Section 116. The Respiratory Care Practice Act is
amended by changing Section 95 as follows:
(225 ILCS 106/95)
Sec. 95. Grounds for discipline.
(a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action as the Department considers appropriate,
including the issuance of fines not to exceed $5,000 for each
violation, with regard to any license for any one or more of
the following:
(1) Material misstatement in furnishing information
to the Department or to any other State or federal
agency.
(2) Violations of this Act, or any of its rules.
(3) Conviction of any crime under the laws of the
United States or any state or territory thereof that is a
felony or a misdemeanor, an essential element of which is
dishonesty, or of any crime that is directly related to
the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining a license.
(5) Professional incompetence or negligence in the
rendering of respiratory care services.
(6) Malpractice.
(7) Aiding or assisting another person in violating
any rules or provisions of this Act.
(8) Failing to provide information within 60 days
in response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(10) Violating the rules of professional conduct
adopted by the Department.
(11) Discipline by another jurisdiction, if at
least one of the grounds for the discipline is the same
or substantially equivalent to those set forth in this
Act.
(12) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for any professional services not actually
rendered.
(13) A finding by the Department that the licensee,
after having the license placed on probationary status,
has violated the terms of the probation.
(14) Abandonment of a patient.
(15) Willfully filing false reports relating to a
licensee's practice including, but not limited to, false
records filed with a federal or State agency or
department.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the
Abused and Neglected Child Reporting Act.
(17) Providing respiratory care, other than
pursuant to the prescription of a licensed physician.
(18) Physical or mental disability including, but
not limited to, deterioration through the aging process
or loss of motor skills that results in the inability to
practice the profession with reasonable judgment, skill,
or safety.
(19) Solicitation of professional services by using
false or misleading advertising.
(20) Failure to file a tax return, or to pay the
tax, penalty, or interest shown in a filed return, or to
pay any final assessment of tax penalty, or interest, as
required by any tax Act administered by the Illinois
Department of Revenue or of any successor agency or the
Internal Revenue Service or any successor agency.
(21) Irregularities in billing a third party for
services rendered or in reporting charges for services
not rendered.
(22) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(23) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in an inability to practice
with reasonable skill, judgment, or safety.
(b) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code will result in an automatic suspension of his or her
license. The suspension will end upon a finding by a court
that the licensee is no longer subject to involuntary
admission or judicial admission, the issuance of an order so
finding and discharging the patient, and the recommendation
of the Board to the Director that the licensee be allowed to
resume his or her practice.
(Source: P.A. 89-33, eff. 1-1-96; revised 12-18-97.)
Section 117. The Veterinary Medicine and Surgery
Practice Act of 1994 is amended by changing Sections 3, 11,
and 26 as follows:
(225 ILCS 115/3) (from Ch. 111, par. 7003)
Sec. 3. Definitions; unlicensed practice prohibited.
(a) The following terms have the meanings indicated,
unless the context requires otherwise:
(A) "Department" means the Department of Professional
Regulation.
(B) "Board" means the Veterinary Licensing and
Disciplinary Board.
(C) "Director" means the Director of the Department of
Professional Regulation.
(D) "Veterinarian" means a person holding the degree of
Doctor of Veterinary Medicine and Surgery and licensed under
this Act.
(E) The practice of veterinary medicine and surgery
occurs when a person:
(1) Directly or indirectly diagnoses, prognoses,
treats, administers to, prescribes for, operates on,
manipulates or applies any apparatus or appliance for any
disease, pain, deformity, defect, injury, wound or
physical or mental condition of any animal or bird or for
the prevention of, or to test for the presence of any
disease of any animal or bird. The practice of
veterinary medicine and surgery includes veterinarian
dentistry.
(2) Represents himself or herself oneself as
engaged in the practice of veterinary medicine and
surgery as defined in paragraph (1) of this subsection,
or uses any words, letters or titles in such connection
and under such circumstances as to induce the belief that
the person using them is engaged in the practice of
veterinary medicine and surgery in any of its branches,
or that such person is a Doctor of Veterinary Medicine.
(F) "Animal" means any bird, fish, reptile, or mammal
other than man.
(G) "Veterinarian client - patient relationship" means:
(1) The veterinarian has assumed the responsibility
for making medical judgments regarding the health of an
animal and the need for medical treatment and the client,
owner, or other caretaker has agreed to follow the
instructions of the veterinarian.
(2) There is sufficient knowledge of an animal by
the veterinarian to initiate at least a general or
preliminary diagnosis of the medical condition of the
animal. This means that the veterinarian has recently
seen and is personally acquainted with the keeping and
care of the animal by virtue virture of an examination of
the animal or by medically appropriate and timely visits
to the premises where the animal is kept.
(3) The practicing veterinarian is readily
available for follow-up in case of adverse reactions or
failure of the regimen of therapy.
(b) Subject to the exemptions in Section 4 of this Act,
no person shall practice veterinary medicine and surgery in
any of its branches without a valid license to do so.
(Source: P.A. 88-424; revised 7-7-97.)
(225 ILCS 115/11) (from Ch. 111, par. 7011)
Sec. 11. Temporary permits. A person holding the degree
of Doctor of Veterinary Medicine, or its equivalent, from an
approved veterinary program, and who has applied in writing
to the Department for a license to practice veterinary
medicine and surgery in any of its branches, and who has
fulfilled the requirements of Section 8 of this Act, with the
exception of receipt of notification of his or her
examination results, may receive, at the discretion of the
Department, a temporary permit to practice under a specified
veterinarian who is licensed in this State, until: (1) the
applicant has been notified of the results of the examination
authorized by the Department; or (2) the applicant has
withdrawn his or her application.
A temporary permit may be issued by the Department to a
person who is a veterinarian licensed under the laws of
another state, a territory of the United States, or a foreign
country, upon application in writing to the Department for a
license under this Act if he or she her is qualified to
receive a license and until: (1) the expiration of 6 months
after the filing of the written application, (2) the
withdrawal of the application or (3) the denial of the
application by the Department.
A temporary permit issued under this Section shall not be
extended or renewed. The holder of a temporary permit shall
perform only those acts that may be prescribed by and
incidental to his or her employment and that act shall be
performed under the direction of a specified licensed
veterinarian. He shall not be entitled to otherwise engage
in the practice of veterinary medicine until fully licensed
in this State.
Upon the revocation of a temporary permit the Department
shall immediately notify, by certified mail, the specified
veterinarian employing the holder of a temporary permit and
the holder of the permit. A temporary permit shall be
revoked by the Department upon proof that the holder of the
permit has engaged in the practice of veterinary medicine in
this State outside his or her employment under a licensed
veterinarian.
(Source: P.A. 88-424; revised 12-18-97.)
(225 ILCS 115/26) (from Ch. 111, par. 7026)
Sec. 26. It is declared to be the public policy of this
State, pursuant to paragraphs (h) and (i) of Section 6 of
Article VII of the th Illinois Constitution of 1970, that any
power or function set forth in this Act to be exercised by
the State is an exclusive State power or function. Such power
or function shall not be exercised concurrently, either
directly or indirectly, by any unit of local government,
including home rule units, except as otherwise provided in
this Act.
(Source: P.A. 83-1016; revised 7-7-97.)
Section 118. The Fire Equipment Distributor and Employee
Regulation Act is amended by changing Section 17 as follows:
(225 ILCS 215/17) (from Ch. 111, par. 8017)
Sec. 17. Licensees subject to this Act shall conduct
their practice in accordance with this Act and with any rules
promulgated pursuant hereto. Licensees shall be subject to
the exercise of the disciplinary sanctions enumerated in
Section 19 if the State Fire Marshal finds that a licensee is
guilty of any of the following:
(1) fraud or material deception in obtaining or renewing
of a license;
(2) professional incompetence as manifested by poor
standards of service;
(3) engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public in the course of professional
services or activities;
(4) conviction of any crime by a licensee which has a
substantial relationship to his practice or an essential
element of which is misstatement, fraud or dishonesty, or
conviction in this or another state of any crime which is a
felony under the laws of Illinois or conviction of a felony
in a federal court, unless such person demonstrates that he
has been sufficiently rehabilitated to warrant the public
trust;
(5) performing any services in the grossly negligent
manner or permitting any of his licensed employees to perform
services in a grossly negligent manner, regardless of whether
actual damage or damages to the public is established;
(6) habitual drunkenness drunkeness or habitual
addiction to the use of morphine, cocaine, controlled
substances or other habit-forming drugs;
(7) directly or indirectly willfully receiving
compensation for any professional services not actually
rendered;
(8) having disciplinary action taken against his license
in another state;
(9) making differential treatment against any person to
his detriment because of race, color, creed, sex, religion or
national origin;
(10) engaging in unprofessional conduct;
(11) engaging in false or misleading advertising;
(12) contracting or assisting unlicensed persons to
perform services for which a license is required under this
Act;
(13) permitting the use of his license to enable any
unlicensed person or agency to operate as a licensee;
(14) performing and charging for services without having
authorization to do so from the member of the public being
served serviced;
(15) failure to comply with any provision of this Act or
the rules promulgated pursuant thereto;
(16) conducting business regulated by this Act without a
currently valid license.
(Source: P.A. 85-1434; revised 7-7-97.)
Section 119. The Illinois Professional Land Surveyor Act
of 1989 is amended by changing Section 15 as follows:
(225 ILCS 330/15) (from Ch. 111, par. 3265)
Sec. 15. Seal. Every Professional Land Surveyor shall
have a reproducible reproducable seal or facsimile, the
impression of which shall contain the name of the land
surveyor, his place of business, the license number, and the
words "Professional Land Surveyor, State of Illinois". A
Professional Land Surveyor shall seal or stamp all documents
prepared by or under the direct supervision and control of
the Professional Land Surveyor. Any seal authorized or
approved by the Department under the Illinois Land Surveyors
Act shall serve the same purpose as the seal provided for by
this Act.
(Source: P.A. 86-987; revised 7-7-97.)
Section 120. The Child Protective Investigator and Child
Welfare Specialist Certification Act of 1987 is amended by
changing Section 9 as follows:
(225 ILCS 420/9) (from Ch. 111, par. 7659)
Sec. 9. (a) The Department may refuse to certify, or may
revoke, suspend, place on probation, censure, reprimand or
take other disciplinary action against a certification status
in accordance with grievance and due process procedures
applicable to existing collective bargaining agreements for
any of the following reasons:
(1) material misstatement in furnishing information to
the Department;
(2) willfully violating this Act, or of the rules
promulgated thereunder;
(3) conviction of any crime under the laws of the United
States or any state or territory thereof which is a felony or
which is a misdemeanor, an essential element of which is
dishonesty, or of any crime which is directly related to the
duties of a child protective investigator or a child welfare
specialist;
(4) making any misrepresentation for the purpose of
obtaining certification;
(5) having demonstrated incompetence to act as a child
protective investigator or child welfare specialist in such a
manner as to endanger the safety of the public;
(6) willfully aiding or assisting another person in
violating any provisions of this Act or rules;
(7) engaging in unethical or unprofessional conduct of a
character likely to deceive, defraud or harm the public;
(8) willfully making or filing false records or reports
in the capacity of a child protective investigator or child
welfare specialist, including but not limited to false
records filed with the State agencies or department;
(9) physical or mental deterioration which results in
the inability to perform the duties of the profession with
reasonable judgment, skill or safety as determined by a
qualified physician;
(10) gross negligence;
(11) accepting commissions or rebates or other forms of
remuneration for referring persons to other professionals,
persons or institutions, during the course of duties.
(b) The determination by a circuit court that a
certified child protective investigator or child welfare
specialist is subject to involuntary admission or judicial
admission as provided in the Mental Health and Developmental
Disabilities Code, as now or hereafter amended, operates as
an automatic suspension. Such suspension will end only upon a
release of the patient from form such involuntary admission
or judicial admission.
(Source: P.A. 85-206; revised 12-18-97.)
Section 121. The Illinois Public Accounting Act is
amended by changing Section 20.01 as follows:
(225 ILCS 450/20.01) (from Ch. 111, par. 5521.01)
Sec. 20.01. Grounds for discipline.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, or reprimand any license or licensee, place
a licensee on probation for a period of time subject to any
conditions the Committee may specify including requiring the
licensee to attend continuing education courses or to work
under the supervision of another licensee, impose a fine not
to exceed $5,000 for each violation, restrict the authorized
scope of practice, or require a licensee to undergo a peer
review program, for any one or more of the following:
(1) Violation of any provision of this Act.;
(2) Attempting to procure a license to practice
public accounting by bribery or fraudulent
misrepresentations.;
(3) Having a license to practice public accounting
revoked, suspended, or otherwise acted against, including
the denial of licensure, by the licensing authority of
another state, territory, or country. No disciplinary
action shall be taken in Illinois if the action taken in
another jurisdiction was based upon failure to meet the
continuing professional education requirements of that
jurisdiction and the applicable Illinois continuing
professional education requirements are met.;
(4) Being convicted or found guilty, regardless of
adjudication, of a crime in any jurisdiction which
directly relates to the practice of public accounting or
the ability to practice public accounting.;
(5) Making or filing a report or record which the
registrant knows to be be false, willfully failing to
file a report or record required by state or federal law,
willfully impeding or obstructing the filing, or inducing
another person to impede or obstruct the filing. The
reports or records shall include only those that are
signed in the capacity of a public accountant.;
(6) Conviction in this or another State or the
District of Columbia, or any United States Territory, of
any crime that is punishable by one year or more in
prison or conviction of a crime in a federal court that
is punishable by one year or more in prison.;
(7) Proof that the licensee is guilty of fraud or
deceit, or of gross negligence, incompetency, or
misconduct, in the practice of public accounting.;
(8) Violation of any rule adopted under this Act.;
(9) Practicing on a revoked, suspended, or inactive
license.;
(10) Suspension or revocation of the right to
practice before any State.;
(11) Conviction of any crime under the laws of the
United States or any state or territory of the United
States that is a felony or misdemeanor and has dishonesty
as essential element, or of any crime that is directly
related to the practice of the profession.
(12) Making any misrepresentation for the purpose
of obtaining a license, or material misstatement in
furnishing information to the Department.
(13) Aiding or assisting another person in
violating any provision of this Act or rules promulgated
hereunder.
(14) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public and violating the rules of
professional conduct adopted by the Department.
(15) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in the inability to practice
with reasonable skill, judgment, or safety.
(16) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for any professional service not actually
rendered.
(17) Physical or mental disability, including
deterioration through the aging process or loss of
abilities and skills that results in the inability to
practice the profession with reasonable judgment, skill
or safety.
(18) Solicitation of professional services by using
false or misleading advertising.
(19) Failure to file a return, or pay the tax,
penalty or interest shown in a filed return, or to pay
any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois
Department of Revenue or any successor agency or the
Internal Revenue Service or any successor agency.
(20) Practicing or attempting to practice under a
name other than the full name as shown on the license or
any other legally authorized name.
(21) A finding by the Department that a licensee
has not complied with a provision of any lawful order
issued by the Department.
(22) Making a false statement to the Department
regarding compliance with continuing professional
education requirements.
(23) Failing to make a substantive response to a
request for information by the Department within 30 days
of the request.
(b) (Blank).
(c) In rendering an order, the Director shall take into
consideration the facts and circumstances involving the type
of acts or omissions in subsection (a) including, but not
limited to:
(1) the extent to which public confidence in the
public accounting profession was, might have been, or may
be injured;
(2) the degree of trust and dependence among the
involved parties;
(3) the character and degree of financial or
economic harm which did or might have resulted; and
(4) the intent or mental state of the person
charged at the time of the acts or omissions.
(d) The Department shall reissue the license upon
certification by the Committee that the disciplined licensee
has complied with all of the terms and conditions set forth
in the final order.
(e) The Department shall deny any application for a
license or renewal, without hearing, to any person who has
defaulted on an educational loan guaranteed by the Illinois
Student Assistance Commission; however, the Department may
issue a license or renewal if the person in default has
established a satisfactory repayment record as determined by
the Illinois Student Assistance Commission.
(f) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code will result in the automatic suspension of his or her
license. The suspension will end upon a finding by a court
that the licensee is no longer subject to involuntary
admission or judicial admission, the issuance of an order so
finding and discharging the patient, and the recommendation
of the Committee to the Director that the licensee be allowed
to resume professional practice.
(Source: P.A. 88-36; revised 7-7-97.)
Section 122. The Private Employment Agency Act is
amended by changing Section 5 as follows:
(225 ILCS 515/5) (from Ch. 111, par. 905)
Sec. 5. No such licensee shall charge a registration fee
without having first obtained a permit to charge such
registration fee from the Department of Labor. Any such
licensee desiring to charge a registration fee shall make
application in writing to the Department of Labor, and shall
set out in the application the type of applicants from whom
they intend to accept a registration fee, the amount of the
fee to be charged, and shall furnish any other information on
the subject that the Department of Labor may deem necessary
to enable it to determine whether the agency's business
methods and past record entitle the agency to a permit.
It is the duty of the Department of Labor to make an
investigation, upon receipt of the application, as to the
truthfulness of the application and the necessity of the
charge of a registration fee; and if it is shown that the
agency's method of doing business is of such a nature that a
permit to charge a registration fee is necessary, and that
the agency's record has been reasonable and fair, then the
Department of Labor shall grant a permit to such agency. Such
permit shall remain in force until revoked for cause. No
permit shall be granted until after 10 days from the date of
filing of the application.
When a permit is granted, such licensed person may charge
a registration fee not to exceed $4. In all such cases a
complete record of all such registration fees and references
of applicants shall be kept on file, which record shall,
during all business hours, be open for the inspection of the
Department of Labor. It is the duty of such licensee to
communicate in writing with at least 2 of the persons
mentioned as reference by every applicant from whom a
registration fee is accepted. Failure on the part of a
licensee to make such investigation shall be deemed cause to
revoke the permit to charge a registration fee. For such
registration fee a receipt shall be given to the applicant
for employees or employment, and shall state therein the name
of such applicant, date and amount of payment, the character
of position or employee applied for, and the name and address
of such agency. If no position has been furnished by the
licensed agency to the applicant, then the registration fee
shall be returned to the applicant on demand after 30 days
and within 6 months from the date of receipt thereof, less
the amount that has been actually expended by the licensee in
checking the references of the applicant, and an itemized
account of such expenditures shall be presented to the
applicant on request at the time of returning the unused
portion of such registration fee.
Any such permit granted by the Department of Labor may be
revoked by it upon due notice to the holder of said permit
and due cause shown and hearing thereon.
No such licensee shall, as a condition to registering or
obtaining employment for such applicant, require such
applicant to subscribe to any publication or to any postal
card service, or advertisement, or exact any other fees,
compensation or reward, (except that in the case of
applicants for positions paying salaries of $5,000 or more
per annum, where the agency has secured from the Department
of Labor a permit to furnish a letter service in accordance
with regulations of the department governing the furnishing
of such service, a special fee not to exceed $250, to be
credited on the fee charged for any placement resulting from
such letter service, may be charged for furnishing such
letter service) other than the aforesaid registration fee and
a further fee, called a placement fee, the amount of which
shall be agreed upon between such applicant and such licensee
to be payable at such time as may be agreed upon in writing.
The employment agency shall furnish to each applicant a copy
of any contract or any form he signs with the agency
regarding the method of payment of the placement or
employment service fee. Such contract or form shall contain
the name and address of such agency, and such other
information as the Department of Labor may deem proper. The
contract or form or copy thereof furnished the applicant must
state immediately above, below or close to the place provided
for the signature of the applicant that he has received a
copy of the contract or form and his signature shall
acknowledge receipt thereof. The placement or employment
service fee shall not be received by such licensee before the
applicant has accepted a position tendered by the employer. A
copy of each contract or other form to which the applicant
becomes a party with the licensee shall be given to the
applicant by the licensee at the time of executing such
contract or document and on any such form on which the word
acceptance appears, and such contract or other form shall
have the definition of acceptance as defined by this Act
printed in not less than 10 point type immediately following
the word acceptance. In the event the position so tendered is
not accepted by or given to such applicant, the licensee
shall refund all fees paid other than the registration fee
and special fee aforesaid, within 3 days of demand therefor.
The fee charged for placing an applicant in domestic service
shall be a single fee for each placement and shall be based
upon the applicant's compensation or salary for a period not
to exceed one year.
No such licensee shall send out any applicant for
employment unless the licensee has a bona fide job order for
such employment and the job order is valid in accordance with
the renewal requirements of Section 3 of this Act. If no
position of the kind applied for was open at the place where
the applicant was directed, then the licensee shall refund to
such applicant on demand any sum paid or expended by the
applicant for transportation in going to and returning from
the place, and all fees paid by the applicant. However, in
the event a substitute position is taken, the fee to be
charged shall be computed on the salary agreed upon for such
position.
In addition to the receipt herein provided to be given
for a registration fee, it shall be the duty of such licensee
to give to every applicant for employment or employees from
whom other fee, or fees shall be received, an additional
receipt in which shall be stated the name of the applicant,
the amount paid and the date of payment. All such receipts
shall be in duplicate, numbered consecutively, shall contain
the name and address of such agency, and such other
information as the Department of Labor may deem proper. The
duplicate receipt shall be kept on file in the agency for at
least one year.
Every such licensee shall give to every applicant, who is
sent out for a job or for an interview with a prospective
employer, a card or printed paper or letter of introduction
which shall be called a "referral slip" containing the name
of the applicant, the name and address of the employer to
whom the applicant is sent for employment, the name and
address of the agency, the name of the person referring the
applicant, and the probable duration of the work, whether
temporary or permanent. The referral slip shall contain a
blank space in which the employment counselor shall insert
and specify in a prominent and legible manner whether the
employment service fee is to be paid by the applicant or by
the employer, or in the case of a split-fee, the percentage
of the fee to be paid by the applicant and the percentage of
the fee to be paid by the employer, or shall state whether
the fee is to be negotiable between the employer and the
employee. A duplicate of all such referral slips shall be
kept on file in the agency for a period of one year. In the
event that the applicant is referred to a job or to a
prospective employer by telephone or telegraph, the referral
slip shall be mailed to the applicant and to the prospective
employer before the close of the business day on which the
telephoned or telegraphed referral was given. No person shall
be sent out for a job or to interview a prospective employer
unless he has been personally interviewed by the agency or
has corresponded with the agency with the purpose of securing
employment.
If the employer pays the fee, and the employee fails to
remain in the position for a period of 30 days, such licensee
shall refund to the employer all fees, less an amount equal
to 25% of the total salary or wages paid such employee during
the period of such employee during the period of such
employment, within 3 days after the licensed person has been
notified of the employee's failure to remain in the
employment, provided such 25% does not exceed the amount
charged for a permanent position of like nature.
If the employee pays the fee and is discharged at any
time within 30 days for any reason other than intoxication,
dishonesty, unexcused tardiness, unexcused absenteeism or
insubordination, or otherwise fails to remain in the position
for a period of 30 days, thru no fault of his own, such
licensee shall refund to the employee all fees less an amount
equal to 25% of the total salary or wages paid such employee
during the period of such employment within 3 days of the
time such licensee has been notified of the employee's
failure to remain in the employment, provided the 25% does
not exceed the charge for a permanent position of like
nature. All refunds shall be in cash or negotiable check.
If the employee has promised his prospective employer to
report to work at a definite time and place and then fails to
report to work, such circumstances shall be considered prima
facie evidence that the employee has accepted the employment
offered.
Where a dispute concerning a fee exists, the department
may conduct a hearing to determine all facts concerning the
dispute and shall after such hearing make such
recommendations concerning such dispute as shall be
reasonable.
Every such licensee shall post in a conspicuous place in
the main room of the agency sections of this Act as required
by the Department of Labor, to be supplied by the Department
of Labor, and shall also post his license in the main room of
the agency.
Every such licensee shall furnish the Department of
Labor, under rules to be prescribed by such Department,
annual statements showing the number and character of
placements made.
(Source: P.A. 81-1509; revised 12-18-97.)
Section 123. The Meat and Poultry Inspection Act is
amended by changing Section 3 as follows:
(225 ILCS 650/3) (from Ch. 56 1/2, par. 303)
Sec. 3. Licenses.
(a) No person shall operate an establishment as defined
in Section 2.5 or act as a broker as defined in Section 2.19
without first securing a license from the Department except
as otherwise exempted.
(b) The following annual fees shall accompany each
license application for the license year from July 1 to June
30 or any part thereof. These fees are not returnable.
Meatbroker, Poultry broker or Meat and
Poultry broker ......................................$50
Type I Establishment - Processor, Slaughterer, or
Processor and Slaughterer Slaughter of Meat, Poultry or
Meat and Poultry .....................................$50
Type II Establishment - Processor, Slaughterer, or
Processor and Slaughterer of Meat, Poultry or Meat and
Poultry ..............................................$50
Application for licenses shall be made to the Department in
writing on forms prescribed by the Department.
(c) The license issued shall be in such form as the
Department prescribes, shall be under the seal of the
Department and shall contain the name of the licensee, the
location for which the license is issued, the type of
operation, the period of the license, and such other
information as the Department requires. The original license
or a certified copy of it shall be conspicuously displayed by
the licensee in the establishment.
(d) A penalty of $25 shall be assessed if any such
license is not renewed by July 1 of each year.
(Source: P.A. 83-759; revised 12-18-97.)
Section 124. The Surface Coal Mining Land Conservation
and Reclamation Act is amended by changing Sections 3.11 and
8.10 as follows:
(225 ILCS 720/3.11) (from Ch. 96 1/2, par. 7903.11)
Sec. 3.11. Wastes.
(a) With respect to surface disposal of mine wastes,
tailings, coal processing wastes, and other wastes in areas
other than the mine working or excavations, the operator
shall stabilize all waste piles in designated areas through
construction in compacted layers, including the use of
noncombustible noncumbustible and impervious materials if
necessary, and shall assure that the final contour of the
waste pile will be compatible with natural surroundings and
that the site can and will be stabilized and revegetated
according to the provisions of this Act.
(b) The operator shall design, locate, construct,
operate, maintain, enlarge, modify, and remove or abandon, in
accordance with the standards and criteria developed pursuant
to the Federal Act, all existing and new coal mine waste
piles consisting of mine wastes, tailings, coal processing
wastes, or other liquid and solid wastes, and used either
temporarily or permanently as dams or embankments.
(c) All debris, acid-forming materials, toxic materials,
or materials constituting a fire hazard shall be treated or
buried and compacted or otherwise disposed of in a manner
designed to prevent contamination of ground or surface
waters. At a minimum, such materials constituting a fire
hazard present in the exposed face of the mined mineral seam
or seams in the final cut shall, if approved by the
Department, be covered at all times with not less than 4 four
feet of water or other materials which shall be placed with
slopes having no more than 30% grade, capable of supporting
plant and animal life. Final cuts or other depressed
affected areas, no longer in use in mining operations, which
accumulate toxic waters will not meet reclamation
requirements. Contingency plans shall be developed to
prevent sustained combustion.
(d) Slurry shall be confined in depressed or mined areas
bounded by levees or dams constructed from materials capable
of supporting acceptable vegetation and built in accordance
with sound engineering practices. Such areas shall be
screened with border plantings of tree species which by their
seeding habits will encourage propagation of vegetation on
these areas, and levees or dams built to confine slurry shall
be adapted to established species of grasses. Gob and slurry
not capable of supporting vegetation shall be covered to a
minimum depth of 4 four feet with soil or other material in
accordance with sound soil conservation practices as
prescribed by the Department. Such material shall be capable
of being vegetated and an acceptable cover shall be
established. The reclamation measures set forth in this
subsection are minimum performance standards and do not
supersede any other requirements of this Act.
(Source: P.A. 81-1015; revised 7-7-97.)
(225 ILCS 720/8.10) (from Ch. 96 1/2, par. 7908.10)
Sec. 8.10. Review under Administrative Administration
Review Law. All final administrative decisions of the
Department under this Act shall be subject to judicial review
pursuant to the Administrative Review Law, as amended, and
the rules adopted under it, except that the remedies created
by this Act are not excluded or impaired by any provision of
the Administrative Review Law.
(Source: P.A. 82-783; revised 12-18-97.)
Section 125. The Professional Geologist Licensing Act is
amended by changing Section 170 as follows:
(225 ILCS 745/170)
Sec. 170. Illinois Administrative Procedure Act;
application. The Illinois Administrative Procedure Act is
expressly adopted and incorporated in this Act as if all of
the provisions of that Act were included in this Act, except
that the provision of paragraph (d) (c) of Section 10-65 16
of the Illinois Administrative Procedure Act, which provides
that at hearings the registrant or licensee has the right to
show compliance with all lawful requirements for retention or
continuation or renewal of the license, is specifically
excluded. For the purpose of this Act, the notice required
under Section 10-25 10 of the Illinois Administrative
Procedure Act is considered sufficient when mailed to the
last known address of a party.
(Source: P.A. 89-366, eff. 7-1-96; revised 12-18-97.)
Section 126. The Liquor Control Act of 1934 is amended
by changing Sections 3-12, 5-1, 6-6, 6-11, and 6-16 as
follows:
(235 ILCS 5/3-12) (from Ch. 43, par. 108)
Sec. 3-12. The State commission shall have the following
powers, functions and duties:
(1) To receive applications and to issue licenses to
manufacturers, foreign importers, importing distributors,
distributors, non-resident dealers, on premise consumption
retailers, off premise sale retailers, special event retailer
licensees, special use permit licenses, auction liquor
licenses, brew pubs, caterer retailers, non-beverage users,
railroads, including owners and lessees of sleeping, dining
and cafe cars, airplanes and boats, in accordance with the
provisions of this Act, and to suspend or revoke such
licenses upon the State commission's determination, upon
notice after hearing, that a licensee has violated any
provision of this Act or any rule or regulation issued
pursuant thereto and in effect for 30 days prior to such
violation.
In lieu of suspending or revoking a license, the
commission may impose a fine, upon the State commission's
determination and notice after hearing, that a licensee has
violated any provision of this Act or any rule or regulation
issued pursuant thereto and in effect for 30 days prior to
such violation. The fine imposed under this paragraph may
not exceed $500 for each violation. Each day that the
activity, which gave rise to the original fine, continues is
a separate violation. The maximum fine that may be levied
against any licensee, for the period of the license, shall
not exceed $20,000. The maximum penalty that may be imposed
on a licensee for selling a bottle of alcoholic liquor with a
foreign object in it or serving from a bottle of alcoholic
liquor with a foreign object in it shall be the destruction
of that bottle of alcoholic liquor for the first 10 bottles
so sold or served from by the licensee. For the eleventh
bottle of alcoholic liquor and for each third bottle
thereafter sold or served from by the licensee with a foreign
object in it, the maximum penalty that may be imposed on the
licensee is the destruction of the bottle of alcoholic liquor
and a fine of up to $50.
(2) To adopt such rules and regulations consistent with
the provisions of this Act which shall be necessary to carry
on its functions and duties to the end that the health,
safety and welfare of the People of the State of Illinois
shall be protected and temperance in the consumption of
alcoholic liquors shall be fostered and promoted and to
distribute copies of such rules and regulations to all
licensees affected thereby.
(3) To call upon other administrative departments of the
State, county and municipal governments, county and city
police departments and upon prosecuting officers for such
information and assistance as it deems necessary in the
performance of its duties.
(4) To recommend to local commissioners rules and
regulations, not inconsistent with the law, for the
distribution and sale of alcoholic liquors throughout the
State.
(5) To inspect, or cause to be inspected, any premises
where alcoholic liquors are manufactured, distributed or
sold.
(6) To hear and determine appeals from orders of a local
commission in accordance with the provisions of this Act, as
hereinafter set forth. Hearings under this subsection shall
be held in Springfield or Chicago, at whichever location is
the more convenient for the majority of persons who are
parties to the hearing.
(7) The commission shall establish uniform systems of
accounts to be kept by all retail licensees having more than
4 employees, and for this purpose the commission may classify
all retail licensees having more than 4 employees and
establish a uniform system of accounts for each class and
prescribe the manner in which such accounts shall be kept.
The commission may also prescribe the forms of accounts to be
kept by all retail licensees having more than 4 employees,
including but not limited to accounts of earnings and
expenses and any distribution, payment, or other distribution
of earnings or assets, and any other forms, records and
memoranda which in the judgment of the commission may be
necessary or appropriate to carry out any of the provisions
of this Act, including but not limited to such forms, records
and memoranda as will readily and accurately disclose at all
times the beneficial ownership of such retail licensed
business. The accounts, forms, records and memoranda shall
be available at all reasonable times for inspection by
authorized representatives of the State commission or by any
local liquor control commissioner or his or her authorized
representative. The commission, may, from time to time,
alter, amend or repeal, in whole or in part, any uniform
system of accounts, or the form and manner of keeping
accounts.
(8) In the conduct of any hearing authorized to be held
by the commission, to examine, or cause to be examined, under
oath, any licensee, and to examine or cause to be examined
the books and records of such licensee; to hear testimony and
take proof material for its information in the discharge of
its duties hereunder; to administer or cause to be
administered oaths; and for any such purpose to issue
subpoena or subpoenas to require the attendance of witnesses
and the production of books, which shall be effective in any
part of this State.
Any Circuit Court may by order duly entered, require the
attendance of witnesses and the production of relevant books
subpoenaed by the State commission and the court may compel
obedience to its order by proceedings for contempt.
(9) To investigate the administration of laws in
relation to alcoholic liquors in this and other states and
any foreign countries, and to recommend from time to time to
the Governor and through him or her to the legislature of
this State, such amendments to this Act, if any, as it may
think desirable and as will serve to further the general
broad purposes contained in Section 1-2 hereof.
(10) To adopt such rules and regulations consistent with
the provisions of this Act which shall be necessary for the
control, sale or disposition of alcoholic liquor damaged as a
result of an accident, wreck, flood, fire or other similar
occurrence.
(11) To develop industry educational programs related to
responsible serving and selling, particularly in the areas of
overserving consumers and illegal underage purchasing and
consumption of alcoholic beverages.
(12) To develop and maintain a repository of license and
regulatory information.
(13) On or before January 15, 1994, the Commission shall
issue a written report to the Governor and General Assembly
that is to be based on a comprehensive study of the impact on
and implications for the State of Illinois of Section 1926 of
the Federal ADAMHA Reorganization Act of 1992 (Public Law
102-321). This study shall address the extent to which
Illinois currently complies with the provisions of P.L.
102-321 and the rules promulgated pursuant thereto.
As part of its report, the Commission shall provide the
following essential information:
(i) the number of retail distributors of tobacco
products, by type and geographic area, in the State;
(ii) the number of reported citations and
successful convictions, categorized by type and location
of retail distributor, for violation of the Sale of
Tobacco to Minors Act and the Smokeless Tobacco
Limitation Act;
(iii) the extent and nature of organized
educational and governmental activities that are intended
to promote, encourage or otherwise secure compliance with
any Illinois laws that prohibit the sale or distribution
of tobacco products to minors; and
(iv) the level of access and availability of
tobacco products to individuals under the age of 18.
To obtain the data necessary to comply with the
provisions of P.L. 102-321 and the requirements of this
report, the Commission shall conduct random, unannounced
inspections of a geographically and scientifically
representative sample of the State's retail tobacco
distributors.
The Commission shall consult with the Department of
Public Health, the Department of Human Services, the Illinois
State Police and any other executive branch agency, and
private organizations that may have information relevant to
this report.
The Commission may contract with the Food and Drug
Administration of the U.S. Department of Health and Human
Services to conduct unannounced investigations of Illinois
tobacco vendors to determine compliance with federal laws
relating to the illegal sale of cigarettes and smokeless
tobacco products to persons under the age of 18.
(Source: P.A. 89-507, eff. 7-1-97; 90-9, eff. 7-1-97; 90-432,
eff. 1-1-98; revised 11-5-97.)
(235 ILCS 5/5-1) (from Ch. 43, par. 115)
Sec. 5-1. Licenses issued by the Illinois Liquor Control
Commission shall be of the following classes:
(a) Manufacturer's license - Class 1. Distiller, Class
2. Rectifier, Class 3. Brewer, Class 4. First Class Wine
Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. First Class Winemaker, Class 7. Second Class
Winemaker, Class 8. Limited Wine Manufacturer,
(b) Distributor's license,
(c) Importing Distributor's license,
(d) Retailer's license,
(e) Special Event Retailer's license (not-for-profit),
(f) Railroad license,
(g) Boat license,
(h) Non-Beverage User's license,
(i) Wine-maker's retail license,
(j) Airplane license,
(k) Foreign importer's license,
(l) Broker's license,
(m) Non-resident dealer's license,
(n) Brew Pub license,
(o) Auction liquor license,
(p) Caterer retailer license,
(q) Special use permit license.
Nothing in this provision, nor in any subsequent
provision of this Act shall be interpreted as forbidding an
individual or firm from concurrently obtaining and holding a
Winemaker's and a Wine manufacturer's license.
(a) A manufacturer's license shall allow the
manufacture, importation in bulk, storage, distribution and
sale of alcoholic liquor to persons without the State, as may
be permitted by law and to licensees in this State as
follows:
Class 1. A Distiller may make sales and deliveries of
alcoholic liquor to distillers, rectifiers, importing
distributors, distributors and non-beverage users and to no
other licensees.
Class 2. A Rectifier, who is not a distiller, as defined
herein, may make sales and deliveries of alcoholic liquor to
rectifiers, importing distributors, distributors, retailers
and non-beverage users and to no other licensees.
Class 3. A Brewer may make sales and deliveries of beer
to importing distributors, distributors, and to
non-licensees, and to retailers provided the brewer obtains
an importing distributor's license or distributor's license
in accordance with the provisions of this Act.
Class 4. A first class wine-manufacturer may make sales
and deliveries of between 40,000 and 50,000 gallons of wine
to manufacturers, importing distributors and distributors,
and to no other licensees.
Class 5. A second class Wine manufacturer may make sales
and deliveries of more than 50,000 gallons of wine to
manufacturers, importing distributors and distributors and to
no other licensees.
Class 6. A first-class wine-maker's license shall allow
the manufacture of less than 20,000 gallons of wine per year,
and the storage and sale of such wine to distributors and
retailers in the State and to persons without the State, as
may be permitted by law.
Class 7. A second-class wine-maker's license shall allow
the manufacture of up to 50,000 gallons of wine per year, and
the storage and sale of such wine to distributors in this
State and to persons without the State, as may be permitted
by law. A second-class wine-maker's license shall allow the
sale of no more than 10,000 gallons of the licensee's wine
directly to retailers.
Class 8. A limited wine-manufacturer may make sales and
deliveries not to exceed 40,000 gallons of wine per year to
distributors, and to non-licensees in accordance with the
provisions of this Act.
(a-1) A manufacturer which is licensed in this State to
make sales or deliveries of alcoholic liquor and which
enlists agents, representatives, or individuals acting on its
behalf who contact licensed retailers on a regular and
continual basis in this State must register those agents,
representatives, or persons acting on its behalf with the
State Commission.
Registration of agents, representatives, or persons
acting on behalf of a manufacturer is fulfilled by submitting
a form to the Commission. The form shall be developed by the
Commission and shall include the name and address of the
applicant, the name and address of the manufacturer he or she
represents, the territory or areas assigned to sell to or
discuss pricing terms of alcoholic liquor, and any other
questions deemed appropriate and necessary. All statements
in the forms required to be made by law or by rule shall be
deemed material, and any person who knowingly misstates any
material fact under oath in an application is guilty of a
Class B misdemeanor. Fraud, misrepresentation, false
statements, misleading statements, evasions, or suppression
of material facts in the securing of a registration are
grounds for suspension or revocation of the registration.
(b) A distributor's license shall allow the wholesale
purchase and storage of alcoholic liquors and sale of
alcoholic liquors to licensees in this State and to persons
without the State, as may be permitted by law.
(c) An importing distributor's license may be issued to
and held by those only who are duly licensed distributors,
upon the filing of an application by a duly licensed
distributor, with the Commission and the Commission shall,
without the payment of any fee, immediately issue such
importing distributor's license to the applicant, which shall
allow the importation of alcoholic liquor by the licensee
into this State from any point in the United States outside
this State, and the purchase of alcoholic liquor in barrels,
casks or other bulk containers and the bottling of such
alcoholic liquors before resale thereof, but all bottles or
containers so filled shall be sealed, labeled, stamped and
otherwise made to comply with all provisions, rules and
regulations governing manufacturers in the preparation and
bottling of alcoholic liquors. The importing distributor's
license shall permit such licensee to purchase alcoholic
liquor from Illinois licensed non-resident dealers and
foreign importers only.
(d) A retailer's license shall allow the licensee to
sell and offer for sale at retail, only in the premises
specified in such license, alcoholic liquor for use or
consumption, but not for resale in any form: Provided that
any retail license issued to a manufacturer shall only permit
such manufacturer to sell beer at retail on the premises
actually occupied by such manufacturer.
After January 1, 1995 there shall be 2 classes of
licenses issued under a retailers license.
(1) A "retailers on premise consumption license"
shall allow the licensee to sell and offer for sale at
retail, only on the premises specified in the license,
alcoholic liquor for use or consumption on the premises
or on and off the premises, but not for resale in any
form.
(2) An "off premise sale license" shall allow the
licensee to sell, or offer for sale at retail, alcoholic
liquor intended only for off premise consumption and not
for resale in any form.
Notwithstanding any other provision of this subsection
(d), a retail licensee may sell alcoholic liquors to a
special event retailer licensee for resale to the extent
permitted under subsection (e).
(e) A special event retailer's license (not-for-profit)
shall permit the licensee to purchase alcoholic liquors from
an Illinois licensed distributor (unless the licensee
purchases less than $500 of alcoholic liquors for the special
event, in which case the licensee may purchase the alcoholic
liquors from a licensed retailer) and shall allow the
licensee to sell and offer for sale, at retail, alcoholic
liquors for use or consumption, but not for resale in any
form and only at the location and on the specific dates
designated for the special event in the license. An
applicant for a special event retailer license must also
submit with the application proof satisfactory to the State
Commission that the applicant will provide dram shop
liability insurance in the maximum limits and have local
authority approval.
(f) A railroad license shall permit the licensee to
import alcoholic liquors into this State from any point in
the United States outside this State and to store such
alcoholic liquors in this State; to make wholesale purchases
of alcoholic liquors directly from manufacturers, foreign
importers, distributors and importing distributors from
within or outside this State; and to store such alcoholic
liquors in this State; provided that the above powers may be
exercised only in connection with the importation, purchase
or storage of alcoholic liquors to be sold or dispensed on a
club, buffet, lounge or dining car operated on an electric,
gas or steam railway in this State; and provided further,
that railroad licensees exercising the above powers shall be
subject to all provisions of Article VIII of this Act as
applied to importing distributors. A railroad license shall
also permit the licensee to sell or dispense alcoholic
liquors on any club, buffet, lounge or dining car operated on
an electric, gas or steam railway regularly operated by a
common carrier in this State, but shall not permit the sale
for resale of any alcoholic liquors to any licensee within
this State. A license shall be obtained for each car in
which such sales are made.
(g) A boat license shall allow the sale of alcoholic
liquor in individual drinks, on any passenger boat regularly
operated as a common carrier on navigable waters in this
State, which boat maintains a public dining room or
restaurant thereon.
(h) A non-beverage user's license shall allow the
licensee to purchase alcoholic liquor from a licensed
manufacturer or importing distributor, without the imposition
of any tax upon the business of such licensed manufacturer or
importing distributor as to such alcoholic liquor to be used
by such licensee solely for the non-beverage purposes set
forth in subsection (a) of Section 8-1 of this Act, and such
licenses shall be divided and classified and shall permit the
purchase, possession and use of limited and stated quantities
of alcoholic liquor as follows:
Class 1, not to exceed ....................... 500 gallons
Class 2, not to exceed ....................... 1,000 gallons
Class 3, not to exceed ....................... 5,000 gallons
Class 4, not to exceed ....................... 10,000 gallons
Class 5, not to exceed ....................... 50,000 gallons
(i) A wine-maker's retail license shall allow the
licensee to sell and offer for sale at retail in the premises
specified in such license not more than 50,000 gallons of
wine per year for use or consumption, but not for resale in
any form; this license shall be issued only to a person
licensed as a first-class or second-class wine-maker. A
wine-maker's retail licensee, upon receiving permission from
the Commission, may conduct business at a second location
that is separate from the location specified in its
wine-maker's retail license. One wine-maker's retail
license-second location may be issued to a wine-maker's
retail licensee allowing the licensee to sell and offer for
sale at retail in the premises specified in the wine-maker's
retail license-second location up to 50,000 gallons of wine
that was produced at the licensee's first location per year
for use and consumption and not for resale.
(j) An airplane license shall permit the licensee to
import alcoholic liquors into this State from any point in
the United States outside this State and to store such
alcoholic liquors in this State; to make wholesale purchases
of alcoholic liquors directly from manufacturers, foreign
importers, distributors and importing distributors from
within or outside this State; and to store such alcoholic
liquors in this State; provided that the above powers may be
exercised only in connection with the importation, purchase
or storage of alcoholic liquors to be sold or dispensed on an
airplane; and provided further, that airplane licensees
exercising the above powers shall be subject to all
provisions of Article VIII of this Act as applied to
importing distributors. An airplane licensee shall also
permit the sale or dispensing of alcoholic liquors on any
passenger airplane regularly operated by a common carrier in
this State, but shall not permit the sale for resale of any
alcoholic liquors to any licensee within this State. A
single airplane license shall be required of an airline
company if liquor service is provided on board aircraft in
this State. The annual fee for such license shall be as
determined in Section 5-3.
(k) A foreign importer's license shall permit such
licensee to purchase alcoholic liquor from Illinois licensed
non-resident dealers only, and to import alcoholic liquor
other than in bulk from any point outside the United States
and to sell such alcoholic liquor to Illinois licensed
importing distributors and to no one else in Illinois.
(l) A broker's license shall be required of all brokers
who solicit orders for, offer to sell or offer to supply
alcoholic liquor to retailers in the State of Illinois, or
who offer to retailers to ship or cause to be shipped or to
make contact with distillers, rectifiers, brewers or
manufacturers or any other party within or without the State
of Illinois in order that alcoholic liquors be shipped to a
distributor, importing distributor or foreign importer,
whether such solicitation or offer is consummated within or
without the State of Illinois.
No holder of a retailer's license issued by the Illinois
Liquor Control Commission shall purchase or receive any
alcoholic liquor, the order for which was solicited or
offered for sale to such retailer by a broker unless the
broker is the holder of a valid broker's license.
The broker shall, upon the acceptance by a retailer of
the broker's solicitation of an order or offer to sell or
supply or deliver or have delivered alcoholic liquors,
promptly forward to the Illinois Liquor Control Commission a
notification of said transaction in such form as the
Commission may by regulations prescribe.
Such license shall not entitle the holder to buy or sell
any alcoholic liquors for his own account or to take or
deliver title to such alcoholic liquors.
This subsection shall not apply to distributors,
employees of distributors, or employees of a manufacturer who
has registered the trademark, brand or name of the alcoholic
liquor pursuant to Section 6-9 of this Act, and who regularly
sells such alcoholic liquor in the State of Illinois only to
its registrants thereunder.
Any agent, representative, or person subject to
registration pursuant to subsection (a-1) of this Section
shall not be eligible to receive a broker's license.
(m) A non-resident dealer's license shall permit such
licensee to ship into and warehouse alcoholic liquor into
this State from any point outside of this State, and to sell
such alcoholic liquor to Illinois licensed foreign importers
and importing distributors and to no one else in this State;
provided that said non-resident dealer shall register with
the Illinois Liquor Control Commission each and every brand
of alcoholic liquor which it proposes to sell to Illinois
licensees during the license period; and further provided
that it shall comply with all of the provisions of Section
6-9 hereof with respect to registration of such Illinois
licensees as may be granted the right to sell such brands at
wholesale.
(n) A brew pub license shall allow the licensee to
manufacture beer only on the premises specified in the
license, to make sales of the beer manufactured on the
premises to importing distributors, distributors, and to
non-licensees for use and consumption, to store the beer upon
the premises, and to sell and offer for sale at retail from
the licensed premises, provided that a brew pub licensee
shall not sell for off-premises consumption more than 50,000
gallons per year.
(o) A caterer retailer license shall allow the holder to
serve alcoholic liquors as an incidental part of a food
service that serves prepared meals which excludes the serving
of snacks as the primary meal, either on or off-site whether
licensed or unlicensed.
(p) An auction liquor license shall allow the licensee
to sell and offer for sale at auction wine and spirits for
use or consumption, or for resale by an Illinois liquor
licensee in accordance with provisions of this Act. An
auction liquor license will be issued to a person and it will
permit the auction liquor licensee to hold the auction
anywhere in the State. An auction liquor license must be
obtained for each auction at least 14 days in advance of the
auction date.
(q) A special use permit license shall allow an Illinois
licensed retailer to transfer a portion of its alcoholic
liquor inventory from its retail licensed premises to the
premises specified in the license hereby created, and to sell
or offer for sale at retail, only in the premises specified
in the license hereby created, the transferred alcoholic
liquor for use or consumption, but not for resale in any
form. A special use permit license may be granted for the
following time periods: one day or less; 2 or more days to a
maximum of 15 days per location in any 12 month period. An
applicant for the special use permit license must also submit
with the application proof satisfactory to the State
Commission that the applicant will provide dram shop
liability insurance to the maximum limits and have local
authority approval.
(Source: P.A. 89-45, eff. 6-23-95; 89-218, eff. 1-1-96;
89-626, eff. 8-9-96; 90-77, eff. 7-8-97; 90-432, eff. 1-1-98;
revised 11-5-97.)
(235 ILCS 5/6-6) (from Ch. 43, par. 123)
Sec. 6-6. Except as otherwise provided in this Act no
manufacturer or distributor or importing distributor shall,
directly, or indirectly, sell, supply, furnish, give or pay
for, or loan or lease, any furnishing, fixture or equipment
on the premises of a place of business of another licensee
authorized under this Act to sell alcoholic liquor at retail,
either for consumption on or off the premises, nor shall he
or she directly or indirectly, pay for any such license, or
advance, furnish, lend or give money for payment of such
license, or purchase or become the owner of any note,
mortgage, or other evidence of indebtedness of such licensee
or any form of security therefor, nor shall such
manufacturer, or distributor, or importing distributor,
directly or indirectly, be interested in the ownership,
conduct or operation of the business of any licensee
authorized to sell alcoholic liquor at retail, nor shall any
manufacturer, or distributor, or importing distributor be
interested directly or indirectly or as owner or part owner
of said premises or as lessee or lessor thereof, in any
premises upon which alcoholic liquor is sold at retail.
No manufacturer or distributor or importing distributor
shall, directly or indirectly or through a subsidiary or
affiliate, or by any officer, director or firm of such
manufacturer, distributor or importing distributor, furnish,
give, lend or rent, install, repair or maintain, to or for
any retail licensee in this State, any signs or inside
advertising materials except as provided in this Section and
Section 6-5. With respect to retail licensees, other than any
government owned or operated auditorium, exhibition hall,
recreation facility or other similar facility holding a
retailer's license as described in Section 6-5, a
manufacturer, distributor, or importing distributor may
furnish, give, lend or rent and erect, install, repair and
maintain to or for any retail licensee, for use at any one
time in or about or in connection with a retail establishment
on which the products of the manufacturer, distributor or
importing distributor are sold, the following signs and
inside advertising materials as authorized in subparts (i),
(ii), (iii), and (iv):
(i) Permanent outside signs shall be limited to one
outside sign, per brand, in place and in use at any one
time, costing not more than $893, exclusive of erection,
installation, repair and maintenance costs, and permit
fees and shall bear only the manufacturer's name, brand
name, trade name, slogans, markings, trademark, or other
symbols commonly associated with and generally used in
identifying the product including, but not limited to,
"cold beer", "on tap", "carry out", and "packaged
liquor".
(ii) Temporary outside signs shall be limited to
one temporary outside sign per brand. Examples of
temporary outside signs are banners, flags, pennants,
streamers, and other items of a temporary and
non-permanent nature. Each temporary outside sign must
include the manufacturer's name, brand name, trade name,
slogans, markings, trademark, or other symbol commonly
associated with and generally used in identifying the
product. Temporary outside signs may also include, for
example, the product, price, packaging, date or dates of
a promotion and an announcement of a retail licensee's
specific sponsored event, if the temporary outside sign
is intended to promote a product, and provided that the
announcement of the retail licensee's event and the
product promotion are held simultaneously. However,
temporary outside signs may not include names, slogans,
markings, or logos that relate to the retailer. Nothing
in this subpart (ii) shall prohibit a distributor or
importing distributor from bearing the cost of creating
or printing a temporary outside sign for the retail
licensee's specific sponsored event or from bearing the
cost of creating or printing a temporary sign for a
retail licensee containing, for example, community
goodwill expressions, regional sporting event
announcements, or seasonal messages, provided that the
primary purpose of the temporary outside sign is to
highlight, promote, or advertise the product. In
addition, temporary outside signs provided by the
manufacturer to the distributor or importing distributor
may also include, for example, subject to the limitations
of this Section, preprinted community goodwill
expressions, sporting event announcements, seasonal
messages, and manufacturer promotional announcements.
However, a distributor or importing distributor shall not
bear the cost of such manufacturer preprinted signs.
(iii) Permanent inside signs, whether visible from
the outside or the inside of the premises, include, but
are not limited to: alcohol lists and menus that may
include names, slogans, markings, or logos that relate to
the retailer; neons; illuminated signs; clocks; table
lamps; mirrors; tap handles; decalcomanias; window
painting; and window trim. All permanent inside signs in
place and in use at any one time shall cost in the
aggregate not more than $2000 per manufacturer. A
permanent inside sign must include the manufacturer's
name, brand name, trade name, slogans, markings,
trademark, or other symbol commonly associated with and
generally used in identifying the product. However,
permanent inside signs may not include names, slogans,
markings, or logos that relate to the retailer. For the
purpose of this subpart (iii), all permanent inside signs
may be displayed in an adjacent courtyard or patio
commonly referred to as a "beer garden" that is a part of
the retailer's licensed premises.
(iv) Temporary inside signs shall include, but are
not limited to, lighted chalk boards, acrylic table tent
beverage or hors d'oeuvre list holders, banners, flags,
pennants, streamers, and inside advertising materials
such as posters, placards, bowling sheets, table tents,
inserts for acrylic table tent beverage or hors d'oeuvre
list holders, sports schedules, or similar printed or
illustrated materials; however, such items, for example,
as coasters, trays, napkins, glassware and cups shall not
be deemed to be inside signs or advertising materials and
may only be sold to retailers. All temporary inside
signs and inside advertising materials in place and in
use at any one time shall cost in the aggregate not more
than $325 per manufacturer. Nothing in this subpart (iv)
prohibits a distributor or importing distributor from
paying the cost of printing or creating any temporary
inside banner or inserts for acrylic table tent beverage
or hors d'oeuvre list holders for a retail licensee,
provided that the primary purpose for the banner or
insert is to highlight, promote, or advertise the
product. For the purpose of this subpart (iv), all
temporary inside signs and inside advertising materials
may be displayed in an adjacent courtyard or patio
commonly referred to as a "beer garden" that is a part of
the retailer's licensed premises.
A "cost adjustment factor" shall be used to periodically
update the dollar limitations prescribed in subparts (i),
(iii), and (iv). The Commission shall establish the adjusted
dollar limitation on an annual basis beginning in January,
1997. The term "cost adjustment factor" means a percentage
equal to the change in the Bureau of Labor Statistics
Consumer Price Index or 5%, whichever is greater. The
restrictions contained in this Section 6-6 do not apply to
signs, or promotional or advertising materials furnished by
manufacturers, distributors or importing distributors to a
government owned or operated facility holding a retailer's
license as described in Section 6-5.
No distributor or importing distributor shall directly or
indirectly or through a subsidiary or affiliate, or by any
officer, director or firm of such manufacturer, distributor
or importing distributor, furnish, give, lend or rent,
install, repair or maintain, to or for any retail licensee in
this State, any signs or inside advertising materials
described in subparts (i), (ii), (iii), or (iv) of this
Section except as the agent for or on behalf of a
manufacturer, provided that the total cost of any signs and
inside advertising materials including but not limited to
labor, erection, installation and permit fees shall be paid
by the manufacturer whose product or products said signs, and
inside advertising materials advertise and except as follows:
A distributor or importing distributor may purchase from
or enter into a written agreement with a manufacturer or a
manufacturer's designated supplier and such manufacturer or
the manufacturer's designated supplier may sell or enter into
an agreement to sell to a distributor or importing
distributor permitted signs and advertising materials
described in subparts (ii), (iii), or (iv) of this Section
for the purpose of furnishing, giving, lending, renting,
installing, repairing, or maintaining such signs or
advertising materials to or for any retail licensee in this
State. Any purchase by a distributor or importing
distributor from a manufacturer or a manufacturer's
designated supplier shall be voluntary and the manufacturer
may not require the distributor or the importing distributor
to purchase signs or advertising materials from the
manufacturer or the manufacturer's designated supplier.
A distributor or importing distributor shall be deemed
the owner of such signs or advertising materials purchased
from a manufacturer or a manufacturer's designated supplier.
The provisions of Public Act 90-373 this amendatory Act
of 1997 concerning signs or advertising materials delivered
by a manufacturer to a distributor or importing distributor
shall apply only to signs or advertising materials delivered
on or after August 14, the effective date of this amendatory
Act of 1997.
No person engaged in the business of manufacturing,
importing or distributing alcoholic liquors shall, directly
or indirectly, pay for, or advance, furnish, or lend money
for the payment of any license for another. Any licensee who
shall permit or assent, or be a party in any way to any
violation or infringement of the provisions of this Section
shall be deemed guilty of a violation of this Act, and any
money loaned contrary to a provision of this Act shall not be
recovered back, or any note, mortgage or other evidence of
indebtedness, or security, or any lease or contract obtained
or made contrary to this Act shall be unenforceable and void.
This Section shall not apply to airplane licensees
exercising powers provided in paragraph (i) of Section 5-1 of
this Act.
(Source: P.A. 89-238, eff. 8-4-95; 89-529, eff. 7-19-96;
90-373, eff. 8-14-97; 90-432, eff. 1-1-98; revised 11-5-97.)
(235 ILCS 5/6-11) (from Ch. 43, par. 127)
Sec. 6-11. No license shall be issued for the sale at
retail of any alcoholic liquor within 100 feet of any church,
school other than an institution of higher learning,
hospital, home for aged or indigent persons or for veterans,
their spouses or children or any military or naval station,
provided, that this prohibition shall not apply to hotels
offering restaurant service, regularly organized clubs, or to
restaurants, food shops or other places where sale of
alcoholic liquors is not the principal business carried on if
the place of business so exempted is not located in a
municipality of more than 500,000 persons, unless required by
local ordinance; nor to the renewal of a license for the sale
at retail of alcoholic liquor on premises within 100 feet of
any church or school where the church or school has been
established within such 100 feet since the issuance of the
original license. In the case of a church, the distance of
100 feet shall be measured to the nearest part of any
building used for worship services or educational programs
and not to property boundaries.
In the interest of further developing Illinois' economy
in the area of tourism, convention, and banquet business,
nothing in this Section shall prohibit issuance of a retail
license authorizing the sale of alcoholic beverages to a
restaurant, banquet facility, or hotel having not fewer than
150 guest room accommodations located in a municipality of
more than 500,000 persons, notwithstanding the proximity of
such hotel, restaurant, or banquet facility to any church or
school, if the licensed premises described on the license are
located within an enclosed mall or building of a height of at
least 6 stories, or 60 feet in the case of a building that
has been registered as a national landmark, and in either
case if the sale of alcoholic liquors is not the principal
business carried on by the license.
For purposes of this Section, a "banquet facility" is any
part of a building that caters to private parties and where
the sale of alcoholic liquors is not the principal business.
Nothing in this Section shall prohibit the issuance of a
license to a church or private school to sell at retail
alcoholic liquor if any such sales are limited to periods
when groups are assembled on the premises solely for the
promotion of some common object other than the sale or
consumption of alcoholic liquors.
Nothing in this Section shall prohibit a church or church
affiliated school located in a municipality with 75,000 or
more inhabitants from locating within 100 feet of a property
for which there is a preexisting license to sell alcoholic
liquor at retail. In these instances, the local zoning
authority may, by ordinance adopted simultaneously with the
granting of an initial special use zoning permit for the
church or church affiliated school, provide that the 100-foot
restriction in this Section shall not apply to that church or
church affiliated school and future retail liquor licenses.
(Source: P.A. 89-308, eff. 1-1-96; 89-709, eff. 2-14-97;
revised 2-20-97.)
(235 ILCS 5/6-16) (from Ch. 43, par. 131)
Sec. 6-16. Prohibited sales and possession.
(a) No licensee nor any officer, associate, member,
representative, agent, or employee of such licensee shall
sell, give, or deliver alcoholic liquor to any person under
the age of 21 years or to any intoxicated person, except as
provided in Section 6-16.1 16.1. No person, after purchasing
or otherwise obtaining alcoholic liquor, shall sell, give, or
deliver such alcoholic liquor to another person under the age
of 21 years, except in the performance of a religious
ceremony or service. Any person who violates the provisions
of this paragraph of this subsection (a) is guilty of a Class
A misdemeanor and the person's sentence shall include, but
shall not be limited to, a fine of not less than $500. If a
licensee or officer, associate, member, representative,
agent, or employee of the licensee is prosecuted under this
paragraph of this subsection (a) for selling, giving, or
delivering alcoholic liquor to a person under the age of 21
years, the person under 21 years of age who attempted to buy
or receive the alcoholic liquor may be prosecuted pursuant to
Section 6-20 of this Act, unless the person under 21 years of
age was acting under the authority of a law enforcement
agency, the Illinois Liquor Control Commission, or a local
liquor control commissioner pursuant to a plan or action to
investigate, patrol, or conduct any similar enforcement
action.
For the purpose of preventing the violation of this
section, any licensee, or his agent or employee, may refuse
to sell or serve alcoholic beverages to any person who is
unable to produce adequate written evidence of identity and
of the fact that he or she is over the age of 21 years.
Adequate written evidence of age and identity of the
person is a document issued by a federal, state, county, or
municipal government, or subdivision or agency thereof,
including, but not limited to, a motor vehicle operator's
license, a registration certificate issued under the Federal
Selective Service Act, or an identification card issued to a
member of the Armed Forces. Proof that the
defendant-licensee, or his employee or agent, demanded, was
shown and reasonably relied upon such written evidence in any
transaction forbidden by this Section is an affirmative
defense in any criminal prosecution therefor or to any
proceedings for the suspension or revocation of any license
based thereon. It shall not, however, be an affirmative
defense if the agent or employee accepted the written
evidence knowing it to be false or fraudulent. If a false or
fraudulent Illinois driver's license or Illinois
identification card is presented by a person less than 21
years of age to a licensee or the licensee's agent or
employee for the purpose of ordering, purchasing, attempting
to purchase, or otherwise obtaining or attempting to obtain
the serving of any alcoholic beverage, the law enforcement
officer or agency investigating the incident shall, upon the
conviction of the person who presented the fraudulent license
or identification, make a report of the matter to the
Secretary of State on a form provided by the Secretary of
State.
However, no agent or employee of the licensee shall be
disciplined or discharged for selling or furnishing liquor to
a person under 21 years of age if the agent or employee
demanded and was shown, before furnishing liquor to a person
under 21 years of age, adequate written evidence of age and
identity of the person issued by a federal, state, county or
municipal government, or subdivision or agency thereof,
including but not limited to a motor vehicle operator's
license, a registration certificate issued under the Federal
Selective Service Act, or an identification card issued to a
member of the Armed Forces. This paragraph, however, shall
not apply if the agent or employee accepted the written
evidence knowing it to be false or fraudulent.
Any person who sells, gives, or furnishes to any person
under the age of 21 years any false or fraudulent written,
printed, or photostatic evidence of the age and identity of
such person or who sells, gives or furnishes to any person
under the age of 21 years evidence of age and identification
of any other person is guilty of a Class A misdemeanor and
the person's sentence shall include, but shall not be limited
to, a fine of not less than $500.
Any person under the age of 21 years who presents or
offers to any licensee, his agent or employee, any written,
printed or photostatic evidence of age and identity that is
false, fraudulent, or not actually his or her own for the
purpose of ordering, purchasing, attempting to purchase or
otherwise procuring or attempting to procure, the serving of
any alcoholic beverage, or who has in his or her possession
any false or fraudulent written, printed, or photostatic
evidence of age and identity, is guilty of a Class A
misdemeanor and the person's sentence shall include, but
shall not be limited to, the following: a fine of not less
than $500 and at least 25 hours of community service. If
possible, any community service shall be performed for an
alcohol abuse prevention program.
Any person under the age of 21 years who has any
alcoholic beverage in his or her possession on any street or
highway or in any public place or in any place open to the
public is guilty of a Class A misdemeanor. This Section does
not apply to possession by a person under the age of 21 years
making a delivery of an alcoholic beverage in pursuance of
the order of his or her parent or in pursuance of his or her
employment.
(a-1) It is unlawful for any parent or guardian to
permit his or her residence to be used by an invitee of the
parent's child or the guardian's ward, if the invitee is
under the age of 21, in a manner that constitutes a violation
of this Section. A parent or guardian is deemed to have
permitted his or her residence to be used in violation of
this Section if he or she knowingly authorizes, enables, or
permits such use to occur by failing to control access to
either the residence or the alcoholic liquor maintained in
the residence. Any person who violates this subsection (a-1)
is guilty of a Class A misdemeanor and the person's sentence
shall include, but shall not be limited to, a fine of not
less than $500. Nothing in this subsection (a-1) shall be
construed to prohibit the giving of alcoholic liquor to a
person under the age of 21 years in the performance of a
religious ceremony or service.
(b) Except as otherwise provided in this Section whoever
violates this Section shall, in addition to other penalties
provided for in this Act, be guilty of a Class A misdemeanor.
(c) Any person shall be guilty of a Class A misdemeanor
where he or she knowingly permits a gathering at a residence
which he or she occupies of two or more persons where any one
or more of the persons is under 21 years of age and the
following factors also apply:
(1) the person occupying the residence knows that
any such person under the age of 21 is in possession of
or is consuming any alcoholic beverage; and
(2) the possession or consumption of the alcohol by
the person under 21 is not otherwise permitted by this
Act; and
(3) the person occupying the residence knows that
the person under the age of 21 leaves the residence in an
intoxicated condition.
For the purposes of this subsection (c) where the
residence has an owner and a tenant or lessee, there is a
rebuttable presumption that the residence is occupied only by
the tenant or lessee.
(d) Any person who rents a hotel or motel room from the
proprietor or agent thereof for the purpose of or with the
knowledge that such room shall be used for the consumption of
alcoholic liquor by persons under the age of 21 years shall
be guilty of a Class A misdemeanor.
(Source: P.A. 89-250, eff. 1-1-96; 90-355, eff. 8-10-97;
90-432, eff. 1-1-98; revised 11-5-97.)
Section 127. The Illinois Public Aid Code is amended by
changing Sections 4-2, 4-8, 5-4, 5-16.3, 5-16.6, 5-22, 9A-9,
10-10, 10-11, 10-16.2, 11-8, 12-4.11, 12-4.31, 12-4.101, and
12-17.4 as follows:
(305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
Sec. 4-2. Amount of aid.
(a) The amount and nature of financial aid shall be
determined in accordance with the grant amounts, rules and
regulations of the Illinois Department. Due regard shall be
given to the self-sufficiency requirements of the family and
to the income, money contributions and other support and
resources available, from whatever source. Beginning July 1,
1992, the supplementary grants previously paid under this
Section shall no longer be paid. However, the amount and
nature of any financial aid is not affected by the payment of
any grant under the "Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act". The
aid shall be sufficient, when added to all other income,
money contributions and support to provide the family with a
grant in the amount established by Department regulation.
(b) The Illinois Department may conduct special
projects, which may be known as Grant Diversion Projects,
under which recipients of financial aid under this Article
are placed in jobs and their grants are diverted to the
employer who in turn makes payments to the recipients in the
form of salary or other employment benefits. The Illinois
Department shall by rule specify the terms and conditions of
such Grant Diversion Projects. Such projects shall take into
consideration and be coordinated with the programs
administered under the Illinois Emergency Employment
Development Act.
(c) The amount and nature of the financial aid for a
child requiring care outside his own home shall be determined
in accordance with the rules and regulations of the Illinois
Department, with due regard to the needs and requirements of
the child in the foster home or institution in which he has
been placed.
(d) If the Department establishes grants for family
units consisting exclusively of a pregnant woman with no
dependent child or including her husband if living with her,
the grant amount for such a unit shall be equal to the grant
amount for an assistance unit consisting of one adult, or 2
persons if the husband is included. Other than as herein
described, an unborn child shall not be counted in
determining the size of an assistance unit or for calculating
grants.
Payments for basic maintenance requirements of a child or
children and the relative with whom the child or children are
living shall be prescribed, by rule, by the Illinois
Department.
These grants may be increased in the following circumstances:
1. If the child is living with both parents or with
persons standing in the relationship of parents, and if
the grant is necessitated because of the unemployment or
insufficient earnings of the parent or parents and
neither parent is receiving benefits under "The
Unemployment Compensation Act", approved June 30, 1937,
as amended, the maximum may be increased by not more than
$25.
2. If a child is age 13 or over, the maximum may be
increased by not more than $15.
The allowances provided under Article IX for recipients
participating in the training and rehabilitation programs
shall be in addition to the maximum payments established in
this Section.
Grants under this Article shall not be supplemented by
General Assistance provided under Article VI.
(e) Grants shall be paid to the parent or other person
with whom the child or children are living, except for such
amount as is paid in behalf of the child or his parent or
other relative to other persons or agencies pursuant to this
Code or the rules and regulations of the Illinois Department.
(f) An assistance unit, receiving financial aid under
this Article or temporarily ineligible to receive aid under
this Article under a penalty imposed by the Illinois
Department for failure to comply with the eligibility
requirements or that voluntarily requests termination of
financial assistance under this Article and becomes
subsequently eligible for assistance within 9 months, shall
not receive any increase in the amount of aid solely on
account of the birth of a child; except that an increase is
not prohibited when the birth is (i) of a child of a pregnant
woman who became eligible for aid under this Article during
the pregnancy, or (ii) of a child born within 10 months after
the date of implementation of this subsection, or (iii) of a
child conceived after a family became ineligible for
assistance due to income or marriage and at least 3 months of
ineligibility expired before any reapplication for
assistance. This subsection does not, however, prevent a
unit from receiving a general increase in the amount of aid
that is provided to all recipients of aid under this Article.
The Illinois Department is authorized to transfer funds,
and shall use any budgetary savings attributable to not
increasing the grants due to the births of additional
children, to supplement existing funding for employment and
training services for recipients of aid under this Article
IV. The Illinois Department shall target, to the extent the
supplemental funding allows, employment and training services
to the families who do not receive a grant increase after the
birth of a child. In addition, the Illinois Department shall
provide, to the extent the supplemental funding allows, such
families with up to 24 months of transitional child care
pursuant to Illinois Department rules. All remaining
supplemental funds shall be used for employment and training
services or transitional child care support.
In making the transfers authorized by this subsection,
the Illinois Department shall first determine, pursuant to
regulations adopted by the Illinois Department for this
purpose, the amount of savings attributable to not increasing
the grants due to the births of additional children.
Transfers may be made from General Revenue Fund
appropriations for distributive purposes authorized by
Article IV of this Code only to General Revenue Fund
appropriations for employability development services
including operating and administrative costs and related
distributive purposes under Article IXA of this Code. The
Director, with the approval of the Governor, shall certify
the amount and affected line item appropriations to the State
Comptroller.
The Illinois Department shall apply for all waivers of
federal law and regulations necessary to implement this
subsection; implementation of this subsection is contingent
on the Illinois Department receiving all necessary federal
waivers. The Illinois Department may implement this
subsection through the use of emergency rules in accordance
with Section 5-45 of the Illinois Administrative Procedure
Act. For purposes of the Illinois Administrative Procedure
Act, the adoption of rules to implement this subsection shall
be considered an emergency and necessary for the public
interest, safety, and welfare.
Nothing in this subsection shall be construed to prohibit
the Illinois Department from using funds under this Article
IV to provide assistance in the form of vouchers that may be
used to pay for goods and services deemed by the Illinois
Department, by rule, as suitable for the care of the child
such as diapers, clothing, school supplies, and cribs.
(g) (Blank).
(h) Notwithstanding any other provision of this Code,
the Illinois Department is authorized to reduce payment
levels used to determine cash grants under this Article after
December 31 of any fiscal year if the Illinois Department
determines that the caseload upon which the appropriations
for the current fiscal year are based have increased by more
than 5% and the appropriation is not sufficient to ensure
that cash benefits under this Article do not exceed the
amounts appropriated for those cash benefits. Reductions in
payment levels may be accomplished by emergency rule under
Section 5-45 of the Illinois Administrative Procedure Act,
except that the limitation on the number of emergency rules
that may be adopted in a 24-month period shall not apply and
the provisions of Sections 5-115 and 5-125 of the Illinois
Administrative Procedure Act shall not apply. Increases in
payment levels shall be accomplished only in accordance with
Section 5-40 of the Illinois Administrative Procedure Act.
Before any rule to increase payment levels promulgated under
this Section shall become effective, a joint resolution
approving the rule must be adopted by a roll call vote by a
majority of the members elected to each chamber of the
General Assembly.
(Source: P.A. 89-6, eff. 3-6-95; 89-193, eff. 7-21-95;
89-641, eff. 8-9-96; 90-17, eff. 7-1-97; 90-372, eff. 7-1-98;
revised 11-18-97.)
(305 ILCS 5/4-8) (from Ch. 23, par. 4-8)
Sec. 4-8. Mismanagement of assistance grant.
(a) If the County Department has reason to believe that
the money payment for basic maintenance is not being used, or
may not be used, in the best interests of the child and the
family and that there is present or potential damage to the
standards of health and well-being that the grant is intended
to assure, the County Department shall provide the parent or
other relative with the counseling and guidance services with
respect to the use of the grant and the management of other
funds available to the family as may be required to assure
use of the grant in the best interests of the child and
family. The Illinois Department shall by rule prescribe
criteria which shall constitute evidence of grant
mismanagement. The criteria shall include but not be limited
to the following:
(1) A determination that a child in the assistance
unit is not receiving proper and necessary support or
other care for which assistance is being provided under
this Code.
(2) A record establishing that the parent or
relative has been found guilty of public assistance fraud
under Article VIIIA.
(3) A determination by an appropriate person,
entity, or agency that the parent or other relative
requires treatment for alcohol or substance abuse, mental
health services, or other special care or treatment.
The Department shall at least consider non-payment of
rent for two consecutive months as evidence of grant
mismanagement by a parent or relative of a recipient who is
responsible for making rental payments for the housing or
shelter of the child or family, unless the Department
determines that the non-payment is necessary for the
protection of the health and well-being of the recipient. The
County Department shall advise the parent or other relative
grantee that continued mismanagement will result in the
application of one of the sanctions specified in this
Section.
The Illinois Department shall consider irregular school
attendance by children of school age grades 1 through 8, as
evidence of lack of proper and necessary support or care.
The Department may extend this consideration to children in
grades higher than 8.
The Illinois Department shall develop preventive programs
in collaboration with school and social service networks to
encourage school attendance of children receiving assistance
under Article IV. To the extent that Illinois Department and
community resources are available, the programs shall serve
families whose children in grades 1 through 8 are not
attending school regularly, as defined by the school. The
Department may extend these programs to families whose
children are in grades higher than 8. The programs shall
include referrals from the school to a social service
network, assessment and development of a service plan by one
or more network representatives, and the Illinois
Department's encouragement of the family to follow through
with the service plan. Families that fail to follow the
service plan as determined by the service provider, shall be
subject to the protective payment provisions of this Section
and Section 4-9 of this Code.
Families for whom a protective payment plan has been in
effect for at least 3 months and whose school children
continue to regularly miss school shall be subject to
sanction under Section 4-21. The sanction shall continue
until the children demonstrate satisfactory attendance, as
defined by the school. To the extent necessary to implement
this Section, the Illinois Department shall seek appropriate
waivers of federal requirements from the U.S. Department of
Health and Human Services.
The Illinois Department may implement the amendatory
changes to this Section made by this amendatory Act of 1995
through the use of emergency rules in accordance with the
provisions of Section 5-45 of the Illinois Administrative
Procedure Act. For purposes of the Illinois Administrative
Procedure Act, the adoption of rules to implement the
amendatory changes to this Section made by this amendatory
Act of 1995 shall be deemed an emergency and necessary for
the public interest, safety, and welfare.
(b) In areas of the State where clinically appropriate
substance abuse treatment capacity is available, if the local
office has reason to believe that a caretaker relative is
experiencing substance abuse, the local office shall refer
the caretaker relative to a licensed treatment provider for
assessment. If the assessment indicates that the caretaker
relative is experiencing substance abuse, the local office
shall require the caretaker relative to comply with all
treatment recommended by the assessment. If the caretaker
relative refuses without good cause, as determined by rules
of the Illinois Department, to submit to the assessment or
treatment, the caretaker relative shall be ineligible for
assistance, and the local office shall take one or more of
the following actions:
(i) If there is another family member or friend who
is ensuring that the family's needs are being met, that
person, if willing, shall be assigned as protective
payee.
(ii) If there is no family member or close friend
to serve as protective payee, the local office shall
provide for a protective payment to a substitute payee as
provided in Section 4-9. The Department also shall
determine whether if a referral to the Department of
Children and Family Services is warranted and, if
appropriate, shall make the referral.
(iii) The Department shall contact the individual
who is thought to be experiencing substance abuse and
explain why the protective payee has been assigned and
refer the individual to treatment.
(c) This subsection (c) applies to cases other than
those described in subsection (b). If the efforts to correct
the mismanagement of the grant have failed, the County
Department, in accordance with the rules and regulations of
the Illinois Department, shall initiate one or more of the
following actions:
1. Provide for a protective payment to a substitute
payee, as provided in Section 4-9. This action may be
initiated for any assistance unit containing a child
determined to be neglected by the Department of Children
and Family Services under the Abused and Neglected Child
Reporting Act, and in any case involving a record of
public assistance fraud.
2. Provide for issuance of all or part of the grant
in the form of disbursing orders. This action may be
initiated in any case involving a record of public
assistance fraud, or upon the request of a substitute
payee designated under Section 4-9.
3. File a petition under the Juvenile Court Act of
1987 for an Order of Protection under Sections 2-25,
2-26, 3-26, and 3-27, 4-23, 4-24, 5-27, or 5-28 of that
Act.
4. Institute a proceeding under the Juvenile Court
Act of 1987 for the appointment of a guardian or legal
representative for the purpose of receiving and managing
the public aid grant.
5. If the mismanagement of the grant, together with
other factors, have rendered the home unsuitable for the
best welfare of the child, file a neglect petition under
the Juvenile Court Act of 1987, requesting the removal of
the child or children.
(Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97; 90-249,
eff. 1-1-98; revised 8-4-97.)
(305 ILCS 5/5-4) (from Ch. 23, par. 5-4)
Sec. 5-4. Amount and nature of medical assistance. The
amount and nature of medical assistance shall be determined
by the County Departments in accordance with the standards,
rules, and regulations of the Illinois Department of Public
Aid, with due regard to the requirements and conditions in
each case, including contributions available from legally
responsible relatives. However, the amount and nature of
such medical assistance shall not be affected by the payment
of any grant under the "Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act." The
amount and nature of medical assistance shall not be affected
by the receipt of donations or benefits from fundraisers in
cases of serious illness, as long as neither the person nor
members of the person's family have actual control over the
donations or benefits or the disbursement of the donations or
benefits.
In determining the income and assets available to the
institutionalized spouse and to the community spouse, the
Illinois Department of Public Aid shall follow the procedures
established by federal law. The community spouse resource
allowance shall be established and maintained at the maximum
level permitted pursuant to Section 1924(f)(2) of the Social
Security Act, as now or hereafter amended, or an amount set
after a fair hearing, whichever is greater. The monthly
maintenance allowance for the community spouse shall be
established and maintained at the maximum level permitted
pursuant to Section 1924(d)(3)(C) of the Social Security Act,
as now or hereafter amended. Subject to the approval of the
Secretary of the United States Department of Health and Human
Services, the provisions of this Section shall be extended to
persons who but for the the provision of home or
community-based services under Section 4.02 of the Illinois
Act on the Aging, would require the level of care provided in
an institution, as is provided for in federal law.
The Department of Human Services shall notify in writing
each institutionalized spouse who is a recipient of medical
assistance under this Article, and each such person's
community spouse, of the changes in treatment of income and
resources, including provisions for protecting income for a
community spouse and permitting the transfer of resources to
a community spouse, required by enactment of the federal
Medicare Catastrophic Coverage Act of 1988 (Public Law
100-360). The notification shall be in language likely to be
easily understood by those persons. The Department of Human
Services also shall reassess the amount of medical assistance
for which each such recipient is eligible as a result of the
enactment of that federal Act, whether or not a recipient
requests such a reassessment.
(Source: P.A. 89-507, eff. 7-1-97; revised 7-7-97.)
(305 ILCS 5/5-16.3)
Sec. 5-16.3. System for integrated health care services.
(a) It shall be the public policy of the State to adopt,
to the extent practicable, a health care program that
encourages the integration of health care services and
manages the health care of program enrollees while preserving
reasonable choice within a competitive and cost-efficient
environment. In furtherance of this public policy, the
Illinois Department shall develop and implement an integrated
health care program consistent with the provisions of this
Section. The provisions of this Section apply only to the
integrated health care program created under this Section.
Persons enrolled in the integrated health care program, as
determined by the Illinois Department by rule, shall be
afforded a choice among health care delivery systems, which
shall include, but are not limited to, (i) fee for service
care managed by a primary care physician licensed to practice
medicine in all its branches, (ii) managed health care
entities, and (iii) federally qualified health centers
(reimbursed according to a prospective cost-reimbursement
methodology) and rural health clinics (reimbursed according
to the Medicare methodology), where available. Persons
enrolled in the integrated health care program also may be
offered indemnity insurance plans, subject to availability.
For purposes of this Section, a "managed health care
entity" means a health maintenance organization or a managed
care community network as defined in this Section. A "health
maintenance organization" means a health maintenance
organization as defined in the Health Maintenance
Organization Act. A "managed care community network" means
an entity, other than a health maintenance organization, that
is owned, operated, or governed by providers of health care
services within this State and that provides or arranges
primary, secondary, and tertiary managed health care services
under contract with the Illinois Department exclusively to
enrollees of the integrated health care program. A managed
care community network may contract with the Illinois
Department to provide only pediatric health care services. A
county provider as defined in Section 15-1 of this Code may
contract with the Illinois Department to provide services to
enrollees of the integrated health care program as a managed
care community network without the need to establish a
separate entity that provides services exclusively to
enrollees of the integrated health care program and shall be
deemed a managed care community network for purposes of this
Code only to the extent of the provision of services to those
enrollees in conjunction with the integrated health care
program. A county provider shall be entitled to contract
with the Illinois Department with respect to any contracting
region located in whole or in part within the county. A
county provider shall not be required to accept enrollees who
do not reside within the county.
Each managed care community network must demonstrate its
ability to bear the financial risk of serving enrollees under
this program. The Illinois Department shall by rule adopt
criteria for assessing the financial soundness of each
managed care community network. These rules shall consider
the extent to which a managed care community network is
comprised of providers who directly render health care and
are located within the community in which they seek to
contract rather than solely arrange or finance the delivery
of health care. These rules shall further consider a variety
of risk-bearing and management techniques, including the
sufficiency of quality assurance and utilization management
programs and whether a managed care community network has
sufficiently demonstrated its financial solvency and net
worth. The Illinois Department's criteria must be based on
sound actuarial, financial, and accounting principles. In
adopting these rules, the Illinois Department shall consult
with the Illinois Department of Insurance. The Illinois
Department is responsible for monitoring compliance with
these rules.
This Section may not be implemented before the effective
date of these rules, the approval of any necessary federal
waivers, and the completion of the review of an application
submitted, at least 60 days before the effective date of
rules adopted under this Section, to the Illinois Department
by a managed care community network.
All health care delivery systems that contract with the
Illinois Department under the integrated health care program
shall clearly recognize a health care provider's right of
conscience under the Health Care Right of Conscience Act. In
addition to the provisions of that Act, no health care
delivery system that contracts with the Illinois Department
under the integrated health care program shall be required to
provide, arrange for, or pay for any health care or medical
service, procedure, or product if that health care delivery
system is owned, controlled, or sponsored by or affiliated
with a religious institution or religious organization that
finds that health care or medical service, procedure, or
product to violate its religious and moral teachings and
beliefs.
(b) The Illinois Department may, by rule, provide for
different benefit packages for different categories of
persons enrolled in the program. Mental health services,
alcohol and substance abuse services, services related to
children with chronic or acute conditions requiring
longer-term treatment and follow-up, and rehabilitation care
provided by a free-standing rehabilitation hospital or a
hospital rehabilitation unit may be excluded from a benefit
package if the State ensures that those services are made
available through a separate delivery system. An exclusion
does not prohibit the Illinois Department from developing and
implementing demonstration projects for categories of persons
or services. Benefit packages for persons eligible for
medical assistance under Articles V, VI, and XII shall be
based on the requirements of those Articles and shall be
consistent with the Title XIX of the Social Security Act.
Nothing in this Act shall be construed to apply to services
purchased by the Department of Children and Family Services
and the Department of Human Services (as successor to the
Department of Mental Health and Developmental Disabilities)
under the provisions of Title 59 of the Illinois
Administrative Code, Part 132 ("Medicaid Community Mental
Health Services Program").
(c) The program established by this Section may be
implemented by the Illinois Department in various contracting
areas at various times. The health care delivery systems and
providers available under the program may vary throughout the
State. For purposes of contracting with managed health care
entities and providers, the Illinois Department shall
establish contracting areas similar to the geographic areas
designated by the Illinois Department for contracting
purposes under the Illinois Competitive Access and
Reimbursement Equity Program (ICARE) under the authority of
Section 3-4 of the Illinois Health Finance Reform Act or
similarly-sized or smaller geographic areas established by
the Illinois Department by rule. A managed health care entity
shall be permitted to contract in any geographic areas for
which it has a sufficient provider network and otherwise
meets the contracting terms of the State. The Illinois
Department is not prohibited from entering into a contract
with a managed health care entity at any time.
(c-5) A managed health care entity may not engage in
door-to-door marketing activities or marketing activities at
an office of the Illinois Department or a county department
in order to enroll in the entity's health care delivery
system persons who are enrolled in the integrated health care
program established under this Section. The Illinois
Department shall adopt rules defining "marketing activities"
prohibited by this subsection (c-5).
Before a managed health care entity may market its health
care delivery system to persons enrolled in the integrated
health care program established under this Section, the
Illinois Department must approve a marketing plan submitted
by the entity to the Illinois Department. The Illinois
Department shall adopt guidelines for approving marketing
plans submitted by managed health care entities under this
subsection. Besides prohibiting door-to-door marketing
activities and marketing activities at public aid offices,
the guidelines shall include at least the following:
(1) A managed health care entity may not offer or
provide any gift, favor, or other inducement in marketing
its health care delivery system to integrated health care
program enrollees. A managed health care entity may
provide health care related items that are of nominal
value and pre-approved by the Illinois Department to
prospective enrollees. A managed health care entity may
also provide to enrollees health care related items that
have been pre-approved by the Illinois Department as an
incentive to manage their health care appropriately.
(2) All persons employed or otherwise engaged by a
managed health care entity to market the entity's health
care delivery system to integrated health care program
enrollees or to supervise that marketing shall register
with the Illinois Department.
The Inspector General appointed under Section 12-13.1 may
conduct investigations to determine whether the marketing
practices of managed health care entities participating in
the integrated health care program comply with the
guidelines.
(d) A managed health care entity that contracts with the
Illinois Department for the provision of services under the
program shall do all of the following, solely for purposes of
the integrated health care program:
(1) Provide that any individual physician licensed
under the Medical Practice Act of 1987, any pharmacy, any
federally qualified health center, any therapeutically
certified optometrist, and any podiatrist, that
consistently meets the reasonable terms and conditions
established by the managed health care entity, including
but not limited to credentialing standards, quality
assurance program requirements, utilization management
requirements, financial responsibility standards,
contracting process requirements, and provider network
size and accessibility requirements, must be accepted by
the managed health care entity for purposes of the
Illinois integrated health care program. Notwithstanding
the preceding sentence, only a physician licensed to
practice medicine in all its branches shall act as a
primary care physician within a managed health care
entity for purposes of the Illinois integrated health
care program. Any individual who is either terminated
from or denied inclusion in the panel of physicians of
the managed health care entity shall be given, within 10
business days after that determination, a written
explanation of the reasons for his or her exclusion or
termination from the panel. This paragraph (1) does not
apply to the following:
(A) A managed health care entity that
certifies to the Illinois Department that:
(i) it employs on a full-time basis 125
or more Illinois physicians licensed to
practice medicine in all of its branches; and
(ii) it will provide medical services
through its employees to more than 80% of the
recipients enrolled with the entity in the
integrated health care program; or
(B) A domestic stock insurance company
licensed under clause (b) of class 1 of Section 4 of
the Illinois Insurance Code if (i) at least 66% of
the stock of the insurance company is owned by a
professional corporation organized under the
Professional Service Corporation Act that has 125 or
more shareholders who are Illinois physicians
licensed to practice medicine in all of its branches
and (ii) the insurance company certifies to the
Illinois Department that at least 80% of those
physician shareholders will provide services to
recipients enrolled with the company in the
integrated health care program.
(2) Provide for reimbursement for providers for
emergency care, as defined by the Illinois Department by
rule, that must be provided to its enrollees, including
an emergency room screening fee, and urgent care that it
authorizes for its enrollees, regardless of the
provider's affiliation with the managed health care
entity. Providers shall be reimbursed for emergency care
at an amount equal to the Illinois Department's
fee-for-service rates for those medical services rendered
by providers not under contract with the managed health
care entity to enrollees of the entity.
(3) Provide that any provider affiliated with a
managed health care entity may also provide services on a
fee-for-service basis to Illinois Department clients not
enrolled in a managed health care entity.
(4) Provide client education services as determined
and approved by the Illinois Department, including but
not limited to (i) education regarding appropriate
utilization of health care services in a managed care
system, (ii) written disclosure of treatment policies and
any restrictions or limitations on health services,
including, but not limited to, physical services,
clinical laboratory tests, hospital and surgical
procedures, prescription drugs and biologics, and
radiological examinations, and (iii) written notice that
the enrollee may receive from another provider those
services covered under this program that are not provided
by the managed health care entity.
(5) Provide that enrollees within its system may
choose the site for provision of services and the panel
of health care providers.
(6) Not discriminate in its enrollment or
disenrollment practices among recipients of medical
services or program enrollees based on health status.
(7) Provide a quality assurance and utilization
review program that (i) for health maintenance
organizations meets the requirements of the Health
Maintenance Organization Act and (ii) for managed care
community networks meets the requirements established by
the Illinois Department in rules that incorporate those
standards set forth in the Health Maintenance
Organization Act.
(8) Issue a managed health care entity
identification card to each enrollee upon enrollment.
The card must contain all of the following:
(A) The enrollee's signature.
(B) The enrollee's health plan.
(C) The name and telephone number of the
enrollee's primary care physician.
(D) A telephone number to be used for
emergency service 24 hours per day, 7 days per week.
The telephone number required to be maintained
pursuant to this subparagraph by each managed health
care entity shall, at minimum, be staffed by
medically trained personnel and be provided
directly, or under arrangement, at an office or
offices in locations maintained solely within the
State of Illinois. For purposes of this
subparagraph, "medically trained personnel" means
licensed practical nurses or registered nurses
located in the State of Illinois who are licensed
pursuant to the Illinois Nursing Act of 1987.
(9) Ensure that every primary care physician and
pharmacy in the managed health care entity meets the
standards established by the Illinois Department for
accessibility and quality of care. The Illinois
Department shall arrange for and oversee an evaluation of
the standards established under this paragraph (9) and
may recommend any necessary changes to these standards.
The Illinois Department shall submit an annual report to
the Governor and the General Assembly by April 1 of each
year regarding the effect of the standards on ensuring
access and quality of care to enrollees.
(10) Provide a procedure for handling complaints
that (i) for health maintenance organizations meets the
requirements of the Health Maintenance Organization Act
and (ii) for managed care community networks meets the
requirements established by the Illinois Department in
rules that incorporate those standards set forth in the
Health Maintenance Organization Act.
(11) Maintain, retain, and make available to the
Illinois Department records, data, and information, in a
uniform manner determined by the Illinois Department,
sufficient for the Illinois Department to monitor
utilization, accessibility, and quality of care.
(12) Except for providers who are prepaid, pay all
approved claims for covered services that are completed
and submitted to the managed health care entity within 30
days after receipt of the claim or receipt of the
appropriate capitation payment or payments by the managed
health care entity from the State for the month in which
the services included on the claim were rendered,
whichever is later. If payment is not made or mailed to
the provider by the managed health care entity by the due
date under this subsection, an interest penalty of 1% of
any amount unpaid shall be added for each month or
fraction of a month after the due date, until final
payment is made. Nothing in this Section shall prohibit
managed health care entities and providers from mutually
agreeing to terms that require more timely payment.
(13) Provide integration with community-based
programs provided by certified local health departments
such as Women, Infants, and Children Supplemental Food
Program (WIC), childhood immunization programs, health
education programs, case management programs, and health
screening programs.
(14) Provide that the pharmacy formulary used by a
managed health care entity and its contract providers be
no more restrictive than the Illinois Department's
pharmaceutical program on the effective date of this
amendatory Act of 1994 and as amended after that date.
(15) Provide integration with community-based
organizations, including, but not limited to, any
organization that has operated within a Medicaid
Partnership as defined by this Code or by rule of the
Illinois Department, that may continue to operate under a
contract with the Illinois Department or a managed health
care entity under this Section to provide case management
services to Medicaid clients in designated high-need
areas.
The Illinois Department may, by rule, determine
methodologies to limit financial liability for managed health
care entities resulting from payment for services to
enrollees provided under the Illinois Department's integrated
health care program. Any methodology so determined may be
considered or implemented by the Illinois Department through
a contract with a managed health care entity under this
integrated health care program.
The Illinois Department shall contract with an entity or
entities to provide external peer-based quality assurance
review for the integrated health care program. The entity
shall be representative of Illinois physicians licensed to
practice medicine in all its branches and have statewide
geographic representation in all specialties of medical care
that are provided within the integrated health care program.
The entity may not be a third party payer and shall maintain
offices in locations around the State in order to provide
service and continuing medical education to physician
participants within the integrated health care program. The
review process shall be developed and conducted by Illinois
physicians licensed to practice medicine in all its branches.
In consultation with the entity, the Illinois Department may
contract with other entities for professional peer-based
quality assurance review of individual categories of services
other than services provided, supervised, or coordinated by
physicians licensed to practice medicine in all its branches.
The Illinois Department shall establish, by rule, criteria to
avoid conflicts of interest in the conduct of quality
assurance activities consistent with professional peer-review
standards. All quality assurance activities shall be
coordinated by the Illinois Department.
(e) All persons enrolled in the program shall be
provided with a full written explanation of all
fee-for-service and managed health care plan options and a
reasonable opportunity to choose among the options as
provided by rule. The Illinois Department shall provide to
enrollees, upon enrollment in the integrated health care
program and at least annually thereafter, notice of the
process for requesting an appeal under the Illinois
Department's administrative appeal procedures.
Notwithstanding any other Section of this Code, the Illinois
Department may provide by rule for the Illinois Department to
assign a person enrolled in the program to a specific
provider of medical services or to a specific health care
delivery system if an enrollee has failed to exercise choice
in a timely manner. An enrollee assigned by the Illinois
Department shall be afforded the opportunity to disenroll and
to select a specific provider of medical services or a
specific health care delivery system within the first 30 days
after the assignment. An enrollee who has failed to exercise
choice in a timely manner may be assigned only if there are 3
or more managed health care entities contracting with the
Illinois Department within the contracting area, except that,
outside the City of Chicago, this requirement may be waived
for an area by rules adopted by the Illinois Department after
consultation with all hospitals within the contracting area.
The Illinois Department shall establish by rule the procedure
for random assignment of enrollees who fail to exercise
choice in a timely manner to a specific managed health care
entity in proportion to the available capacity of that
managed health care entity. Assignment to a specific provider
of medical services or to a specific managed health care
entity may not exceed that provider's or entity's capacity as
determined by the Illinois Department. Any person who has
chosen a specific provider of medical services or a specific
managed health care entity, or any person who has been
assigned under this subsection, shall be given the
opportunity to change that choice or assignment at least once
every 12 months, as determined by the Illinois Department by
rule. The Illinois Department shall maintain a toll-free
telephone number for program enrollees' use in reporting
problems with managed health care entities.
(f) If a person becomes eligible for participation in
the integrated health care program while he or she is
hospitalized, the Illinois Department may not enroll that
person in the program until after he or she has been
discharged from the hospital. This subsection does not apply
to newborn infants whose mothers are enrolled in the
integrated health care program.
(g) The Illinois Department shall, by rule, establish
for managed health care entities rates that (i) are certified
to be actuarially sound, as determined by an actuary who is
an associate or a fellow of the Society of Actuaries or a
member of the American Academy of Actuaries and who has
expertise and experience in medical insurance and benefit
programs, in accordance with the Illinois Department's
current fee-for-service payment system, and (ii) take into
account any difference of cost to provide health care to
different populations based on gender, age, location, and
eligibility category. The rates for managed health care
entities shall be determined on a capitated basis.
The Illinois Department by rule shall establish a method
to adjust its payments to managed health care entities in a
manner intended to avoid providing any financial incentive to
a managed health care entity to refer patients to a county
provider, in an Illinois county having a population greater
than 3,000,000, that is paid directly by the Illinois
Department. The Illinois Department shall by April 1, 1997,
and annually thereafter, review the method to adjust
payments. Payments by the Illinois Department to the county
provider, for persons not enrolled in a managed care
community network owned or operated by a county provider,
shall be paid on a fee-for-service basis under Article XV of
this Code.
The Illinois Department by rule shall establish a method
to reduce its payments to managed health care entities to
take into consideration (i) any adjustment payments paid to
hospitals under subsection (h) of this Section to the extent
those payments, or any part of those payments, have been
taken into account in establishing capitated rates under this
subsection (g) and (ii) the implementation of methodologies
to limit financial liability for managed health care entities
under subsection (d) of this Section.
(h) For hospital services provided by a hospital that
contracts with a managed health care entity, adjustment
payments shall be paid directly to the hospital by the
Illinois Department. Adjustment payments may include but
need not be limited to adjustment payments to:
disproportionate share hospitals under Section 5-5.02 of this
Code; primary care access health care education payments (89
Ill. Adm. Code 149.140); payments for capital, direct medical
education, indirect medical education, certified registered
nurse anesthetist, and kidney acquisition costs (89 Ill. Adm.
Code 149.150(c)); uncompensated care payments (89 Ill. Adm.
Code 148.150(h)); trauma center payments (89 Ill. Adm. Code
148.290(c)); rehabilitation hospital payments (89 Ill. Adm.
Code 148.290(d)); perinatal center payments (89 Ill. Adm.
Code 148.290(e)); obstetrical care payments (89 Ill. Adm.
Code 148.290(f)); targeted access payments (89 Ill. Adm. Code
148.290(g)); Medicaid high volume payments (89 Ill. Adm. Code
148.290(h)); and outpatient indigent volume adjustments (89
Ill. Adm. Code 148.140(b)(5)).
(i) For any hospital eligible for the adjustment
payments described in subsection (h), the Illinois Department
shall maintain, through the period ending June 30, 1995,
reimbursement levels in accordance with statutes and rules in
effect on April 1, 1994.
(j) Nothing contained in this Code in any way limits or
otherwise impairs the authority or power of the Illinois
Department to enter into a negotiated contract pursuant to
this Section with a managed health care entity, including,
but not limited to, a health maintenance organization, that
provides for termination or nonrenewal of the contract
without cause upon notice as provided in the contract and
without a hearing.
(k) Section 5-5.15 does not apply to the program
developed and implemented pursuant to this Section.
(l) The Illinois Department shall, by rule, define those
chronic or acute medical conditions of childhood that require
longer-term treatment and follow-up care. The Illinois
Department shall ensure that services required to treat these
conditions are available through a separate delivery system.
A managed health care entity that contracts with the
Illinois Department may refer a child with medical conditions
described in the rules adopted under this subsection directly
to a children's hospital or to a hospital, other than a
children's hospital, that is qualified to provide inpatient
and outpatient services to treat those conditions. The
Illinois Department shall provide fee-for-service
reimbursement directly to a children's hospital for those
services pursuant to Title 89 of the Illinois Administrative
Code, Section 148.280(a), at a rate at least equal to the
rate in effect on March 31, 1994. For hospitals, other than
children's hospitals, that are qualified to provide inpatient
and outpatient services to treat those conditions, the
Illinois Department shall provide reimbursement for those
services on a fee-for-service basis, at a rate at least equal
to the rate in effect for those other hospitals on March 31,
1994.
A children's hospital shall be directly reimbursed for
all services provided at the children's hospital on a
fee-for-service basis pursuant to Title 89 of the Illinois
Administrative Code, Section 148.280(a), at a rate at least
equal to the rate in effect on March 31, 1994, until the
later of (i) implementation of the integrated health care
program under this Section and development of actuarially
sound capitation rates for services other than those chronic
or acute medical conditions of childhood that require
longer-term treatment and follow-up care as defined by the
Illinois Department in the rules adopted under this
subsection or (ii) March 31, 1996.
Notwithstanding anything in this subsection to the
contrary, a managed health care entity shall not consider
sources or methods of payment in determining the referral of
a child. The Illinois Department shall adopt rules to
establish criteria for those referrals. The Illinois
Department by rule shall establish a method to adjust its
payments to managed health care entities in a manner intended
to avoid providing any financial incentive to a managed
health care entity to refer patients to a provider who is
paid directly by the Illinois Department.
(m) Behavioral health services provided or funded by the
Department of Human Services, the Department of Children and
Family Services, and the Illinois Department shall be
excluded from a benefit package. Conditions of an organic or
physical origin or nature, including medical detoxification,
however, may not be excluded. In this subsection,
"behavioral health services" means mental health services and
subacute alcohol and substance abuse treatment services, as
defined in the Illinois Alcoholism and Other Drug Dependency
Act. In this subsection, "mental health services" includes,
at a minimum, the following services funded by the Illinois
Department, the Department of Human Services (as successor to
the Department of Mental Health and Developmental
Disabilities), or the Department of Children and Family
Services: (i) inpatient hospital services, including related
physician services, related psychiatric interventions, and
pharmaceutical services provided to an eligible recipient
hospitalized with a primary diagnosis of psychiatric
disorder; (ii) outpatient mental health services as defined
and specified in Title 59 of the Illinois Administrative
Code, Part 132; (iii) any other outpatient mental health
services funded by the Illinois Department pursuant to the
State of Illinois Medicaid Plan; (iv) partial
hospitalization; and (v) follow-up stabilization related to
any of those services. Additional behavioral health services
may be excluded under this subsection as mutually agreed in
writing by the Illinois Department and the affected State
agency or agencies. The exclusion of any service does not
prohibit the Illinois Department from developing and
implementing demonstration projects for categories of persons
or services. The Department of Children and Family Services
and the Department of Human Services shall each adopt rules
governing the integration of managed care in the provision of
behavioral health services. The State shall integrate managed
care community networks and affiliated providers, to the
extent practicable, in any separate delivery system for
mental health services.
(n) The Illinois Department shall adopt rules to
establish reserve requirements for managed care community
networks, as required by subsection (a), and health
maintenance organizations to protect against liabilities in
the event that a managed health care entity is declared
insolvent or bankrupt. If a managed health care entity other
than a county provider is declared insolvent or bankrupt,
after liquidation and application of any available assets,
resources, and reserves, the Illinois Department shall pay a
portion of the amounts owed by the managed health care entity
to providers for services rendered to enrollees under the
integrated health care program under this Section based on
the following schedule: (i) from April 1, 1995 through June
30, 1998, 90% of the amounts owed; (ii) from July 1, 1998
through June 30, 2001, 80% of the amounts owed; and (iii)
from July 1, 2001 through June 30, 2005, 75% of the amounts
owed. The amounts paid under this subsection shall be
calculated based on the total amount owed by the managed
health care entity to providers before application of any
available assets, resources, and reserves. After June 30,
2005, the Illinois Department may not pay any amounts owed to
providers as a result of an insolvency or bankruptcy of a
managed health care entity occurring after that date. The
Illinois Department is not obligated, however, to pay amounts
owed to a provider that has an ownership or other governing
interest in the managed health care entity. This subsection
applies only to managed health care entities and the services
they provide under the integrated health care program under
this Section.
(o) Notwithstanding any other provision of law or
contractual agreement to the contrary, providers shall not be
required to accept from any other third party payer the rates
determined or paid under this Code by the Illinois
Department, managed health care entity, or other health care
delivery system for services provided to recipients.
(p) The Illinois Department may seek and obtain any
necessary authorization provided under federal law to
implement the program, including the waiver of any federal
statutes or regulations. The Illinois Department may seek a
waiver of the federal requirement that the combined
membership of Medicare and Medicaid enrollees in a managed
care community network may not exceed 75% of the managed care
community network's total enrollment. The Illinois
Department shall not seek a waiver of this requirement for
any other category of managed health care entity. The
Illinois Department shall not seek a waiver of the inpatient
hospital reimbursement methodology in Section 1902(a)(13)(A)
of Title XIX of the Social Security Act even if the federal
agency responsible for administering Title XIX determines
that Section 1902(a)(13)(A) applies to managed health care
systems.
Notwithstanding any other provisions of this Code to the
contrary, the Illinois Department shall seek a waiver of
applicable federal law in order to impose a co-payment system
consistent with this subsection on recipients of medical
services under Title XIX of the Social Security Act who are
not enrolled in a managed health care entity. The waiver
request submitted by the Illinois Department shall provide
for co-payments of up to $0.50 for prescribed drugs and up to
$0.50 for x-ray services and shall provide for co-payments of
up to $10 for non-emergency services provided in a hospital
emergency room and up to $10 for non-emergency ambulance
services. The purpose of the co-payments shall be to deter
those recipients from seeking unnecessary medical care.
Co-payments may not be used to deter recipients from seeking
necessary medical care. No recipient shall be required to
pay more than a total of $150 per year in co-payments under
the waiver request required by this subsection. A recipient
may not be required to pay more than $15 of any amount due
under this subsection in any one month.
Co-payments authorized under this subsection may not be
imposed when the care was necessitated by a true medical
emergency. Co-payments may not be imposed for any of the
following classifications of services:
(1) Services furnished to person under 18 years of
age.
(2) Services furnished to pregnant women.
(3) Services furnished to any individual who is an
inpatient in a hospital, nursing facility, intermediate
care facility, or other medical institution, if that
person is required to spend for costs of medical care all
but a minimal amount of his or her income required for
personal needs.
(4) Services furnished to a person who is receiving
hospice care.
Co-payments authorized under this subsection shall not be
deducted from or reduce in any way payments for medical
services from the Illinois Department to providers. No
provider may deny those services to an individual eligible
for services based on the individual's inability to pay the
co-payment.
Recipients who are subject to co-payments shall be
provided notice, in plain and clear language, of the amount
of the co-payments, the circumstances under which co-payments
are exempted, the circumstances under which co-payments may
be assessed, and their manner of collection.
The Illinois Department shall establish a Medicaid
Co-Payment Council to assist in the development of co-payment
policies for the medical assistance program. The Medicaid
Co-Payment Council shall also have jurisdiction to develop a
program to provide financial or non-financial incentives to
Medicaid recipients in order to encourage recipients to seek
necessary health care. The Council shall be chaired by the
Director of the Illinois Department, and shall have 6
additional members. Two of the 6 additional members shall be
appointed by the Governor, and one each shall be appointed by
the President of the Senate, the Minority Leader of the
Senate, the Speaker of the House of Representatives, and the
Minority Leader of the House of Representatives. The Council
may be convened and make recommendations upon the appointment
of a majority of its members. The Council shall be appointed
and convened no later than September 1, 1994 and shall report
its recommendations to the Director of the Illinois
Department and the General Assembly no later than October 1,
1994. The chairperson of the Council shall be allowed to
vote only in the case of a tie vote among the appointed
members of the Council.
The Council shall be guided by the following principles
as it considers recommendations to be developed to implement
any approved waivers that the Illinois Department must seek
pursuant to this subsection:
(1) Co-payments should not be used to deter access
to adequate medical care.
(2) Co-payments should be used to reduce fraud.
(3) Co-payment policies should be examined in
consideration of other states' experience, and the
ability of successful co-payment plans to control
unnecessary or inappropriate utilization of services
should be promoted.
(4) All participants, both recipients and
providers, in the medical assistance program have
responsibilities to both the State and the program.
(5) Co-payments are primarily a tool to educate the
participants in the responsible use of health care
resources.
(6) Co-payments should not be used to penalize
providers.
(7) A successful medical program requires the
elimination of improper utilization of medical resources.
The integrated health care program, or any part of that
program, established under this Section may not be
implemented if matching federal funds under Title XIX of the
Social Security Act are not available for administering the
program.
The Illinois Department shall submit for publication in
the Illinois Register the name, address, and telephone number
of the individual to whom a request may be directed for a
copy of the request for a waiver of provisions of Title XIX
of the Social Security Act that the Illinois Department
intends to submit to the Health Care Financing Administration
in order to implement this Section. The Illinois Department
shall mail a copy of that request for waiver to all
requestors at least 16 days before filing that request for
waiver with the Health Care Financing Administration.
(q) After the effective date of this Section, the
Illinois Department may take all planning and preparatory
action necessary to implement this Section, including, but
not limited to, seeking requests for proposals relating to
the integrated health care program created under this
Section.
(r) In order to (i) accelerate and facilitate the
development of integrated health care in contracting areas
outside counties with populations in excess of 3,000,000 and
counties adjacent to those counties and (ii) maintain and
sustain the high quality of education and residency programs
coordinated and associated with local area hospitals, the
Illinois Department may develop and implement a demonstration
program for managed care community networks owned, operated,
or governed by State-funded medical schools. The Illinois
Department shall prescribe by rule the criteria, standards,
and procedures for effecting this demonstration program.
(s) (Blank).
(t) On April 1, 1995 and every 6 months thereafter, the
Illinois Department shall report to the Governor and General
Assembly on the progress of the integrated health care
program in enrolling clients into managed health care
entities. The report shall indicate the capacities of the
managed health care entities with which the State contracts,
the number of clients enrolled by each contractor, the areas
of the State in which managed care options do not exist, and
the progress toward meeting the enrollment goals of the
integrated health care program.
(u) The Illinois Department may implement this Section
through the use of emergency rules in accordance with Section
5-45 of the Illinois Administrative Procedure Act. For
purposes of that Act, the adoption of rules to implement this
Section is deemed an emergency and necessary for the public
interest, safety, and welfare.
(Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97;
89-673, eff. 8-14-96; 90-14, eff. 7-1-97; 90-254, eff.
1-1-98; 90-538, eff. 12-1-97; revised 12-3-97.)
(305 ILCS 5/5-16.6)
Sec. 5-16.6. Provider compliance with certain
requirements. The Illinois Department shall inquire of
appropriate State agencies concerning the status of all
providers' compliance with State income tax requirements,
child support payments in accordance with Article X of this
Code, and educational loans guaranteed by the Illinois State
Scholarship Commission. The Illinois Department may suspend
from participation in the medical assistance program, after
reasonable notice and opportunity for a hearing in accordance
with Section 12-4.25 of Article V of this Code, those
providers not in compliance with these requirements, unless
payment arrangements acceptable to the appropriate State
agency are made.
(Source: P.A. 88-554, eff. 7-26-94; revised 12-18-97.)
(305 ILCS 5/5-22)
Sec. 5-22. Healthy Moms/Healthy Kids reporting
requirement. The Illinois Department shall submit a report
concerning the Healthy Moms/Healthy Kids Program on July 31,
1994 and on that day each year thereafter. The report shall
contain the following information:
(1) A list of each Primary Care Provider participating
in the Healthy Moms/Healthy Kids Managed Care Program and the
following information for each listed provider:
(A) zip code;
(B) specialty (as indicated on their HMHK Managed
Care Provider Agreement);
(C) total number of patients that the provider has
agreed to enroll each month under the signed agreement
including the total number of pregnant women and the
total number of children each provider has agreed to
serve; and
(D) total number of unduplicated patients the
provider has enrolled (by month and for the year) under
the signed agreement including the number of pregnant
women and the total number of children.
(2) The unduplicated number of children who are Medicaid
enrolled in the Healthy Moms/Healthy Kids Managed Care
Program's target area during the year.
(3) The unduplicated number of children who were
enrolled in the Healthy Moms/Healthy Kids Managed Care
Program during the year:
(A) The unduplicated number of children who were
assigned to a Primary Care Provider enrolled physician.
(B) The unduplicated number of children who were
assigned to a Federally Qualified Health Center (number
of FQHC name).
(C) The unduplicated number of children who were
assigned to a hospital outpatient or other clinic type
(number of hospital outpatient or other clinic name).
(D) The unduplicated number of children who were
assigned to an HMO (number of HMO name).
(4) The unduplicated number of known pregnant women who
are Medicaid enrolled during their pregnancy in the Healthy
Moms/Healthy Kids Managed Care Program's target area during
the year.
(5) The unduplicated number of pregnant women who were
enrolled in the Healthy Moms/Healthy Kids Managed Care
Program during the year:
(A) The unduplicated number of pregnant women who
were assigned to a Primary Care Provider enrolled
physician.
(B) The unduplicated number of pregnant women who
were assigned to a Federally Qualified Health Center
(number by FQHC name).
(C) The unduplicated number of pregnant women who
were assigned to a hospital outpatient or other clinic
type (number of hospital outpatient or other clinic
name).
(D) The unduplicated number of women who were
pregnant at the time of assignment to an HMO (number of
HMO name).
(6) The number of unduplicated children who were
Medicaid enrolled in the Healthy Moms/Healthy Kids Managed
Care Program's target area, but who were not enrolled with
one of the Primary Care Provider types or an HMO during the
year.
(7) The number of known unduplicated pregnant women who
were Medicaid enrolled in the Healthy Moms/Healthy Kids
Managed Care Program's target area but who were not enrolled
with one of the Primary Care Provider types or an HMO during
the year.
(8) The number of unduplicated children enrolled in the
Healthy Moms/Healthy Kids Managed Care Program who were
referred to a specialist, indicating the number of children
by specialty, as identified in the Medicaid Provider
Enrollment system.
(9) The number of unduplicated pregnant women enrolled
in the Healthy Moms/Healthy Kids Managed Care Program who
were referred to a specialist, indicating the number of
pregnant women by specialty, as identified in the Medicaid
Provider Enrollment system.
(10) A list of each case management agency participating
in the Healthy Moms/Healthy Kids Managed Care Program and the
following information for each listed agency:
(A) name;
(B) address and zip code;
(C) the number of cases assigned by category (i.e.
ie. families with pregnant women; families with infants;
families with children over age one) by month and an
unduplicated total for the year; and
(D) the amount of payment for case management
services by month and a total for the year.
(11) A list of each case management agency participating
in the Healthy Moms/Healthy Kids Program (outside of the
target Healthy Moms/Healthy Kids Managed Care Program area)
and the following information for each listed agency:
(A) name;
(B) address and zip code;
(B-5) (C) county/area served;
(C) the number of cases assigned by category (i.e.
ie. families with pregnant women; families with infants;
families with children over age one) by month and an
unduplicated total for the year; and
(D) the amount of payment for case management
services by month and an unduplicated total for the year.
(12) The total number of physicians by county, who have
signed Healthy Moms/Healthy Kids Provider Agreements (outside
of the target Healthy Moms/Healthy Kids Managed Care Program
area).
(Source: P.A. 88-514; 88-670, eff. 12-2-94; revised
12-23-97.)
(305 ILCS 5/9A-9) (from Ch. 23, par. 9A-9)
Sec. 9A-9. Program Activities. The Department shall
establish education, training and placement activities by
rule. Not all of the same activities need be provided in
each county in the State. Such activities may include the
following:
(a) Education (Below post secondary). In the Education
(below post secondary) activity, the individual receives
information, referral, counseling services and support
services to increase the individual's employment potential.
Participants may be referred to testing, counseling and
education resources. Educational activities will include
basic and remedial education; English proficiency classes;
high school or its equivalency (e.g., GED) or alternative
education at the secondary level; and with any educational
program, structured study time to enhance successful
participation. An individual's participation in an education
program such as literacy, basic adult education, high school
equivalency (GED), or a remedial program shall be limited to
2 years unless the individual also is working or
participating in a work activity approved by the Illinois
Department as defined by rule; this requirement does not
apply, however, to students enrolled in high school.
(b) Job Skills Training (Vocational). Job Skills
Training is designed to increase the individual's ability to
obtain and maintain employment. Job Skills Training
activities will include vocational skill classes designed to
increase a participant's ability to obtain and maintain
employment. Job Skills Training may include certificate
programs.
(c) Job Readiness. The job readiness activity is
designed to enhance the quality of the individual's level of
participation in the world of work while learning the
necessary essentials to obtain and maintain employment. This
activity helps individuals gain the necessary job finding
skills to help them find and retain employment that will lead
to economic independence.
(d) Job Search. Job Search may be conducted
individually or in groups. Job Search includes the provision
of counseling, job seeking skills training and information
dissemination. Group job search may include training in a
group session. Assignment exclusively to job search cannot
be in excess of 8 consecutive weeks (or its equivalent) in
any period of 12 consecutive months.
(e) Work Experience. Work Experience assignments may be
with private employers or not-for-profit or public agencies
in the State. The Illinois Department shall provide workers'
compensation coverage. Participants who are not members of a
2-parent assistance unit may not be assigned more hours than
their cash grant amount plus food stamps divided by the
minimum wage. Private employers and not-for-profit and
public agencies shall not use Work Experience participants to
displace regular employees. Participants in Work Experience
may perform work in the public interest (which otherwise
meets the requirements of this Section) for a federal office
or agency with its consent, and notwithstanding the
provisions of 31 U.S.C. 1342, or any other provision of law,
such agency may accept such services, but participants shall
not be considered federal employees for any purpose. A
participant shall be reassessed at the end of assignment to
Work Experience. The participant may be reassigned to Work
Experience or assigned to another activity, based on the
reassessment.
(f) On the Job Training. In On the Job Training, a
participant is hired by a private or public employer and
while engaged in productive work receives training that
provides knowledge or skills essential to full and adequate
performance of the job.
(g) Work Supplementation. In work supplementation, the
Department pays a wage subsidy to an employer who hires a
participant. The cash grant which a participant would
receive if not employed is diverted and the diverted cash
grant is used to pay the wage subsidy.
(h) Post Secondary Education. Post secondary education
must be administered by an educational institution accredited
under requirements of State law. The Illinois Department may
not approve an individual's participation in any
post-secondary education program, other than full-time,
short-term vocational training for a specific job, unless the
individual also is employed part-time, as defined by the
Illinois Department by rule.
(i) Self Initiated Education. Participants who are
attending an institution of higher education or a vocational
or technical program of their own choosing and who are in
good standing, may continue to attend and receive supportive
services only if the educational program is approved by the
Department, and is in conformity with the participant's
personal plan for achieving employment and self-sufficiency
and the participant is employed part-time, as defined by the
Illinois Department by rule.
(j) Job Development and Placement. Department staff
shall develop through contacts with public and private
employers unsubsidized job openings for participants. Job
interviews will be secured for clients by the marketing of
participants for specific job openings. Job ready
individuals may be assigned to Job Development and Placement.
(k) Job Retention. The job retention component is
designed to assist participants in retaining employment.
Initial employment expenses and job retention services are
provided. The individual's support service needs are
assessed and the individual receives counseling regarding job
retention skills.
(l) (Blank).
(m) Pay-after-performance Program. A parent may be
required to participate in a pay-after-performance program in
which the parent must work a specified number of hours to
earn the grant. The program shall comply with provisions of
this Code governing work experience programs.
(n) (l) Community Service. A participant whose youngest
child is 13 years of age or older may be required to perform
at least 20 hours of community service per week as a
condition of eligibility for aid under Article IV. The
Illinois Department shall give priority to community service
placements in public schools, where participants can serve as
hall and lunchroom monitors, assist teachers, and perform
other appropriate services.
(Source: P.A. 89-289, eff. 1-1-96; 90-17, eff. 7-1-97;
90-457, eff. 1-1-98; revised 11-7-97.)
(305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
Sec. 10-10. Court enforcement; applicability also to
persons who are not applicants or recipients. Except where
the Illinois Department, by agreement, acts for the local
governmental unit, as provided in Section 10-3.1, local
governmental units shall refer to the State's Attorney or to
the proper legal representative of the governmental unit, for
judicial enforcement as herein provided, instances of
non-support or insufficient support when the dependents are
applicants or recipients under Article VI. The Child and
Spouse Support Unit established by Section 10-3.1 may
institute in behalf of the Illinois Department any actions
under this Section for judicial enforcement of the support
liability when the dependents are (a) applicants or
recipients under Articles III, IV, V or VII (b) applicants or
recipients in a local governmental unit when the Illinois
Department, by agreement, acts for the unit; or (c)
non-applicants or non-recipients who are receiving support
enforcement services under this Article X, as provided in
Section 10-1. Where the Child and Spouse Support Unit has
exercised its option and discretion not to apply the
provisions of Sections 10-3 through 10-8, the failure by the
Unit to apply such provisions shall not be a bar to bringing
an action under this Section.
Action shall be brought in the circuit court to obtain
support, or for the recovery of aid granted during the period
such support was not provided, or both for the obtainment of
support and the recovery of the aid provided. Actions for
the recovery of aid may be taken separately or they may be
consolidated with actions to obtain support. Such actions
may be brought in the name of the person or persons requiring
support, or may be brought in the name of the Illinois
Department or the local governmental unit, as the case
requires, in behalf of such persons.
The court may enter such orders for the payment of moneys
for the support of the person as may be just and equitable
and may direct payment thereof for such period or periods of
time as the circumstances require, including support for a
period before the date the order for support is entered. The
order may be entered against any or all of the defendant
responsible relatives and may be based upon the proportionate
ability of each to contribute to the person's support.
The Court shall determine the amount of child support
(including child support for a period before the date the
order for child support is entered) by using the guidelines
and standards set forth in subsection (a) of Section 505 and
in Section 505.2 of the Illinois Marriage and Dissolution of
Marriage Act. For purposes of determining the amount of
child support to be paid for a period before the date the
order for child support is entered, there is a rebuttable
presumption that the responsible relative's net income for
that period was the same as his or her net income at the time
the order is entered.
An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and
to the clerk of court within 10 days each time the obligor
obtains new employment, and each time the obligor's
employment is terminated for any reason. The report shall be
in writing and shall, in the case of new employment, include
the name and address of the new employer. Failure to report
new employment or the termination of current employment, if
coupled with nonpayment of support for a period in excess of
60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment bond shall be
set in the amount of the child support that should have been
paid during the period of unreported employment. An order
entered under this Section shall also include a provision
requiring the obligor and obligee parents to advise each
other of a change in residence within 5 days of the change
except when the court finds that the physical, mental, or
emotional health of a party or that of a minor child, or
both, would be seriously endangered by disclosure of the
party's address.
The Court shall determine the amount of maintenance using
the standards set forth in Section 504 of the Illinois
Marriage and Dissolution of Marriage Act.
Any new or existing support order entered by the court
under this Section shall be deemed to be a series of
judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A lien arises by operation of law against the real and
personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial
parent.
When an order is entered for the support of a minor, the
court may provide therein for reasonable visitation of the
minor by the person or persons who provided support pursuant
to the order. Whoever willfully refuses to comply with such
visitation order or willfully interferes with its enforcement
may be declared in contempt of court and punished therefor.
Except where the local governmental unit has entered into
an agreement with the Illinois Department for the Child and
Spouse Support Unit to act for it, as provided in Section
10-3.1, support orders entered by the court in cases
involving applicants or recipients under Article VI shall
provide that payments thereunder be made directly to the
local governmental unit. Orders for the support of all other
applicants or recipients shall provide that payments
thereunder be made directly to the Illinois Department. In
accordance with federal law and regulations, the Illinois
Department may continue to collect current maintenance
payments or child support payments, or both, after those
persons cease to receive public assistance and until
termination of services under Article X. The Illinois
Department shall pay the net amount collected to those
persons after deducting any costs incurred in making the
collection or any collection fee from the amount of any
recovery made. In both cases the order shall permit the
local governmental unit or the Illinois Department, as the
case may be, to direct the responsible relative or relatives
to make support payments directly to the needy person, or to
some person or agency in his behalf, upon removal of the
person from the public aid rolls or upon termination of
services under Article X.
If the notice of support due issued pursuant to Section
10-7 directs that support payments be made directly to the
needy person, or to some person or agency in his behalf, and
the recipient is removed from the public aid rolls, court
action may be taken against the responsible relative
hereunder if he fails to furnish support in accordance with
the terms of such notice.
Actions may also be brought under this Section in behalf
of any person who is in need of support from responsible
relatives, as defined in Section 2-11 of Article II who is
not an applicant for or recipient of financial aid under this
Code. In such instances, the State's Attorney of the county
in which such person resides shall bring action against the
responsible relatives hereunder. If the Illinois Department,
as authorized by Section 10-1, extends the support services
provided by this Article to spouses and dependent children
who are not applicants or recipients under this Code, the
Child and Spouse Support Unit established by Section 10-3.1
shall bring action against the responsible relatives
hereunder and any support orders entered by the court in such
cases shall provide that payments thereunder be made directly
to the Illinois Department.
Whenever it is determined in a proceeding to establish or
enforce a child support or maintenance obligation that the
person owing a duty of support is unemployed, the court may
order the person to seek employment and report periodically
to the court with a diary, listing or other memorandum of his
or her efforts in accordance with such order. Additionally,
the court may order the unemployed person to report to the
Department of Employment Security for job search services or
to make application with the local Jobs Training Partnership
Act provider for participation in job search, training or
work programs and where the duty of support is owed to a
child receiving support services under this Article X, the
court may order the unemployed person to report to the
Illinois Department for participation in job search, training
or work programs established under Section 9-6 and Article
IXA of this Code.
Whenever it is determined that a person owes past-due
support for a child receiving assistance under this Code, the
court shall order at the request of the Illinois Department:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is
unemployed, is subject to such a plan, and is not
incapacitated, that the person participate in such job
search, training, or work programs established under
Section 9-6 and Article IXA of this Code as the court
deems appropriate.
A determination under this Section shall not be
administratively reviewable by the procedures specified in
Sections 10-12, and 10-13 to 10-13.10. Any determination
under these Sections, if made the basis of court action under
this Section, shall not affect the de novo judicial
determination required under this Section.
A one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988 which has accrued
under a support order entered by the court. The charge shall
be imposed in accordance with the provisions of Section 10-21
of this Code and shall be enforced by the court upon
petition.
All orders for support, when entered or modified, shall
include a provision requiring the non-custodial parent to
notify the court and, in cases in which a party is receiving
child and spouse support services under this Article X, the
Illinois Department, within 7 days, (i) of the name, address,
and telephone number of any new employer of the non-custodial
parent, (ii) whether the non-custodial parent has access to
health insurance coverage through the employer or other group
coverage and, if so, the policy name and number and the names
of persons covered under the policy, and (iii) of any new
residential or mailing address or telephone number of the
non-custodial parent. In any subsequent action to enforce a
support order, upon a sufficient showing that a diligent
effort has been made to ascertain the location of the
non-custodial parent, service of process or provision of
notice necessary in the case may be made at the last known
address of the non-custodial parent in any manner expressly
provided by the Code of Civil Procedure or this Code, which
service shall be sufficient for purposes of due process.
In cases in which a party is receiving child and spouse
support services under this Article X and the order for
support provides that child support payments be made to the
obligee, the Illinois Department of Public Aid may provide
notice to the obligor and the obligor's payor, when income
withholding is in effect under Section 10-16.2, to make all
payments after receipt of the Illinois Department's notice to
the clerk of the court until further notice by the Illinois
Department or order of the court. Copies of the notice shall
be provided to the obligee and the clerk. The clerk's copy
shall contain a proof of service on the obligor and the
obligor's payor, where applicable. The clerk shall file the
clerk's copy of the notice in the court file. The notice to
the obligor and the payor, if applicable, may be sent by
ordinary mail, certified mail, return receipt requested,
facsimile transmission, or other electronic process, or may
be served upon the obligor or payor using any method provided
by law for service of a summons. An obligor who fails to
comply with a notice provided under this paragraph is guilty
of a Class B misdemeanor. A payor who fails to comply with a
notice provided under this paragraph is guilty of a business
offense and subject to a fine of up to $1,000.
An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered
by the order will attain the age of majority or is otherwise
emancipated. The order for support shall state that the
termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this paragraph shall
be construed to prevent the court from modifying the order.
Upon notification in writing or by electronic
transmission from the Illinois Department to the clerk of the
court that a person who is receiving support payments under
this Section is receiving services under the Child Support
Enforcement Program established by Title IV-D of the Social
Security Act, any support payments subsequently received by
the clerk of the court shall be transmitted in accordance
with the instructions of the Illinois Department until the
Illinois Department gives notice to the clerk of the court to
cease the transmittal. After providing the notification
authorized under this paragraph, the Illinois Department
shall be entitled as a party to notice of any further
proceedings in the case. The clerk of the court shall file a
copy of the Illinois Department's notification in the court
file. The clerk's failure to file a copy of the notification
in the court file shall not, however, affect the Illinois
Department's right to receive notice of further proceedings.
Payments under this Section to the Illinois Department
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act shall be paid into
the Child Support Enforcement Trust Fund. All other payments
under this Section to the Illinois Department shall be
deposited in the Public Assistance Recoveries Trust Fund.
Disbursements from these funds shall be as provided in
Sections 12-9 and 12-10.2 of this Code. Payments received by
a local governmental unit shall be deposited in that unit's
General Assistance Fund.
(Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
revised 12-23-97.)
(305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
Sec. 10-11. Administrative Orders. In lieu of actions
for court enforcement of support under Section 10-10, the
Child and Spouse Support Unit of the Illinois Department, in
accordance with the rules of the Illinois Department, may
issue an administrative order requiring the responsible
relative to comply with the terms of the determination and
notice of support due, determined and issued under Sections
10-6 and 10-7. The Unit may also enter an administrative
order under subsection (b) of Section 10-7. The
administrative order shall be served upon the responsible
relative by United States registered or certified mail.
If a responsible relative fails to petition the Illinois
Department for release from or modification of the
administrative order, as provided in Section 10-12, the order
shall become final and there shall be no further
administrative or judicial remedy. Likewise a decision by
the Illinois Department as a result of an administrative
hearing, as provided in Sections 10-13 to 10-13.10, shall
become final and enforceable if not judicially reviewed under
the Administrative Review Law, as provided in Section 10-14.
Any new or existing support order entered by the Illinois
Department under this Section shall be deemed to be a series
of judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A lien arises by operation of law against the real and
personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial
parent.
An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and
to the clerk of court within 10 days each time the obligor
obtains new employment, and each time the obligor's
employment is terminated for any reason. The report shall be
in writing and shall, in the case of new employment, include
the name and address of the new employer. Failure to report
new employment or the termination of current employment, if
coupled with nonpayment of support for a period in excess of
60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment bond shall be
set in the amount of the child support that should have been
paid during the period of unreported employment. An order
entered under this Section shall also include a provision
requiring the obligor and obligee parents to advise each
other of a change in residence within 5 days of the change
except when the court finds that the physical, mental, or
emotional health of a party or that of a minor child, or
both, would be seriously endangered by disclosure of the
party's address.
A one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988, which has
accrued under a support order entered by the Illinois
Department under this Section. The charge shall be imposed
in accordance with the provisions of Section 10-21 and shall
be enforced by the court in a suit filed under Section 10-15.
(Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
revised 12-23-97.)
(305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2)
Sec. 10-16.2. Withholding of Income to Secure Payment of
Support.
(A) Definitions.
(1) "Order for support" means any order of the court
which provides for periodic payment of funds for the support
of a child or maintenance of a spouse, whether temporary or
final, and includes any such order which provides for:
(a) Modification or resumption of, or payment of
arrearage accrued under, a previously existing order;
(b) Reimbursement of support; or
(c) Enrollment in a health insurance plan that is
available to the obligor through an employer or labor
union or trade union.
(2) "Arrearage" means the total amount of unpaid support
obligations as determined by the court and incorporated into
an order for support.
(3) "Delinquency" means any payment under an order for
support which becomes due and remains unpaid after entry of
the order for support.
(4) "Income" means any form of periodic payment to an
individual, regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity,
pension, and retirement benefits, lottery prize awards,
insurance proceeds, vacation pay, bonuses, profit-sharing
payments, interest, and any other payments, made by any
person, private entity, federal or state government, any unit
of local government, school district or any entity created by
Public Act; however, "income" excludes:
(a) Any amounts required by law to be withheld,
other than creditor claims, including, but not limited
to, federal, State and local taxes, Social Security and
other retirement and disability contributions;
(b) Union dues;
(c) Any amounts exempted by the federal Consumer
Credit Protection Act;
(d) Public assistance payments; and
(e) Unemployment insurance benefits except as
provided by law.
Any other State or local laws which limit or exempt
income or the amount or percentage of income that can be
withheld shall not apply.
(5) "Obligor" means the individual who owes a duty to
make payments under an order for support.
(6) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
(7) "Payor" means any payor of income to an obligor.
(8) "Public office" means any elected official or any
State or local agency which is or may become responsible by
law for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department of Public
Aid, the Illinois Department of Human Services (as successor
to the Department of Mental Health and Developmental
Disabilities), the Illinois Department of Children and Family
Services, and the various State's Attorneys, Clerks of the
Circuit Court and supervisors of general assistance.
(9) "Premium" means the dollar amount for which the
obligor is liable to his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that is available to the obligor
through an employer or labor union or trade union.
(B) Entry of Order for Support Containing Income Withholding
Provisions; Income Withholding Notice.
(1) In addition to any content required under other
laws, every order for support entered on or after July 1,
1997, shall:
(a) Require an income withholding notice to be
prepared and served immediately upon any payor of the
obligor by the obligee or public office, unless a written
agreement is reached between and signed by both parties
providing for an alternative arrangement, approved and
entered into the record by the court, which ensures
payment of support. In that case, the order for support
shall provide that an income withholding notice is to be
prepared and served only if the obligor becomes
delinquent in paying the order for support; and
(b) Contain a dollar amount to be paid until
payment in full of any delinquency that accrues after
entry of the order for support. The amount for payment
of delinquency shall not be less than 20% of the total of
the current support amount and the amount to be paid
periodically for payment of any arrearage stated in the
order for support; and
(c) Include the obligor's Social Security Number,
which the obligor shall disclose to the court. If the
obligor is not a United States citizen, the obligor shall
disclose to the court, and the court shall include in the
order for support, the obligor's alien registration
number, passport number, and home country's social
security or national health number, if applicable.
(2) At the time the order for support is entered, the
Clerk of the Circuit Court shall provide a copy of the order
to the obligor and shall make copies available to the obligee
and public office.
(3) The income withholding notice shall:
(a) Be in the standard format prescribed by the
federal Department of Health and Human Services; and
(b) Direct any payor to withhold the dollar amount
required for current support under the order for support;
and
(c) Direct any payor to withhold the dollar amount
required to be paid periodically under the order for
support for payment of the amount of any arrearage stated
in the order for support; and
(d) Direct any payor or labor union or trade union
to enroll a child as a beneficiary of a health insurance
plan and withhold or cause to be withheld, if applicable,
any required premiums; and
(e) State the amount of the payor income
withholding fee specified under this Section; and
(f) State that the amount actually withheld from
the obligor's income for support and other purposes,
including the payor withholding fee specified under this
Section, may not be in excess of the maximum amount
permitted under the federal Consumer Credit Protection
Act; and
(g) State the duties of the payor and the fines and
penalties for failure to withhold and pay over income and
for discharging, disciplining, refusing to hire, or
otherwise penalizing the obligor because of the duty to
withhold and pay over income under this Section; and
(h) State the rights, remedies, and duties of the
obligor under this Section; and
(i) Include the obligor's Social Security Number;
and
(j) Include the date that withholding for current
support terminates, which shall be the date of
termination of the current support obligation set forth
in the order for support.
(4) The accrual of a delinquency as a condition for
service of an income withholding notice, under the exception
to immediate withholding in paragraph (1) of this subsection,
shall apply only to the initial service of an income
withholding notice on a payor of the obligor.
(5) Notwithstanding the exception to immediate
withholding contained in paragraph (1) of this subsection, if
the court finds at the time of any hearing that an arrearage
has accrued, the court shall order immediate service of an
income withholding notice upon the payor.
(6) If the order for support, under the exception to
immediate withholding contained in paragraph (1) of this
subsection, provides that an income withholding notice is to
be prepared and served only if the obligor becomes delinquent
in paying the order for support, the obligor may execute a
written waiver of that condition and request immediate
service on the payor.
(7) The obligee or public office may serve the income
withholding notice on the payor or its superintendent,
manager, or other agent by ordinary mail or certified mail
return receipt requested, by facsimile transmission or other
electronic means, by personal delivery, or by any method
provided by law for service of a summons. At the time of
service on the payor and as notice that withholding has
commenced, the obligee or public office shall serve a copy of
the income withholding notice on the obligor by ordinary mail
addressed to his or her last known address. Proofs of
service on the payor and the obligor shall be filed with the
Clerk of the Circuit Court.
(8) At any time after the initial service of an income
withholding notice under this Section, any other payor of the
obligor may be served with the same income withholding notice
without further notice to the obligor.
(9) (4) New service of an income order for withholding
notice is not required in order to resume withholding of
income in the case of an obligor with respect to whom an
income order for withholding notice was previously served on
the payor if withholding of income was terminated because of
an interruption in the obligor's employment of less than 180
days.
(C) Income Withholding After Accrual of Delinquency.
(1) Whenever an obligor accrues a delinquency, the
obligee or public office may prepare and serve upon the
obligor's payor an income withholding notice that:
(a) Contains the information required under
paragraph (3) of subsection (B); and
(b) Contains a computation of the period and total
amount of the delinquency as of the date of the notice;
and
(c) Directs the payor to withhold the dollar amount
required to be withheld periodically under the order for
support for payment of the delinquency.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition to contest
withholding shall be limited to:
(a) A dispute concerning the existence or amount of
the delinquency; or
(b) The identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office of the time and place of the
hearing on the petition to contest withholding. The court
shall hold the hearing pursuant to the provisions of
subsection (F).
(D) Initiated Withholding.
(1) Notwithstanding any other provision of this Section,
if the court has not required that income withholding take
effect immediately, the obligee or public office may initiate
withholding, regardless of whether a delinquency has accrued,
by preparing and serving an income withholding notice on the
payor that contains the information required under paragraph
(3) of subsection (B) and states that the parties' written
agreement providing an alternative arrangement to immediate
withholding under paragraph (1) of subsection (B) no longer
ensures payment of support and the reason or reasons why it
does not.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition shall be
limited to a dispute concerning:
(a) whether the parties' written agreement providing
an alternative arrangement to immediate withholding under
paragraph (1) of subsection (B) continues to ensure
payment of support; or
(b) the identity of the obligor.
It shall not be grounds for filing a petition that the
obligor has made all payments due by the date of the
petition.
(4) If the obligor files a petition contesting
withholding within the 20-day period required under paragraph
(3), the Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition. The court shall
hold the hearing pursuant to the provisions of subsection
(F). regular or facsimile regular or facsimile
(E) Duties of Payor.
(1) It shall be the duty of any payor who has been
served with an income withholding notice to deduct and pay
over income as provided in this subsection. The payor shall
deduct the amount designated in the income withholding
notice, as supplemented by any notice provided pursuant to
paragraph (6) of subsection (G), beginning no later than the
next payment of income which is payable or creditable to the
obligor that occurs 14 days following the date the income
withholding notice was mailed, sent by facsimile or other
electronic means, or placed for personal delivery to or
service on the payor. The payor may combine all amounts
withheld for the benefit of an obligee or public office into
a single payment and transmit the payment with a listing of
obligors from whom withholding has been effected. The payor
shall pay the amount withheld to the obligee or public office
within 7 business days after the date the amount would (but
for the duty to withhold income) have been paid or credited
to the obligor. If the payor knowingly fails to pay any
amount withheld to the obligee or public office within 7
business days after the date the amount would have been paid
or credited to the obligor, the payor shall pay a penalty of
$100 for each day that the withheld amount is not paid to the
obligee or public office after the period of 7 business days
has expired. The failure of a payor, on more than one
occasion, to pay amounts withheld to the obligee or public
office within 7 business days after the date the amount would
have been paid or credited to the obligor creates a
presumption that the payor knowingly failed to pay over the
amounts. This penalty may be collected in a civil action
which may be brought against the payor in favor of the
obligee or public office. A finding of a payor's
nonperformance within the time required under this Section
must be documented by a certified mail return receipt showing
the date the income order for withholding notice was served
on the payor. For purposes of this Section, a withheld amount
shall be considered paid by a payor on the date it is mailed
by the payor, or on the date an electronic funds transfer of
the amount has been initiated by the payor, or on the date
delivery of the amount has been initiated by the payor. For
each deduction, the payor shall provide the obligee or public
office, at the time of transmittal, with the date the amount
would (but for the duty to withhold income) have been paid or
credited to the obligor.
Upon receipt of an income withholding notice requiring
that a minor child be named as a beneficiary of a health
insurance plan available through an employer or labor union
or trade union, the employer or labor union or trade union
shall immediately enroll the minor child as a beneficiary in
the health insurance plan designated by the income
withholding notice. The employer shall withhold any required
premiums and pay over any amounts so withheld and any
additional amounts the employer pays to the insurance carrier
in a timely manner. The employer or labor union or trade
union shall mail to the obligee, within 15 days of enrollment
or upon request, notice of the date of coverage, information
on the dependent coverage plan, and all forms necessary to
obtain reimbursement for covered health expenses, such as
would be made available to a new employee. When an order for
dependent coverage is in effect and the insurance coverage is
terminated or changed for any reason, the employer or labor
union or trade union shall notify the obligee within 10 days
of the termination or change date along with notice of
conversion privileges.
For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month to be taken from the
income to be paid to the obligor.
(2) Whenever the obligor is no longer receiving income
from the payor, the payor shall return a copy of the income
withholding notice to the obligee or public office and shall
provide information for the purpose of enforcing this
Section.
(3) Withholding of income under this Section shall be
made without regard to any prior or subsequent garnishments,
attachments, wage assignments, or any other claims of
creditors. Withholding of income under this Section shall
not be in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one income withholding notice
pertaining to the same obligor, the payor shall allocate
income available for withholding on a proportionate share
basis, giving priority to current support payments. If there
is any income available for withholding after withholding for
all current support obligations, the payor shall allocate the
income to past due support payments ordered in cases in which
cash assistance under this Code is not being provided to the
obligee and then to past due support payments ordered in
cases in which cash assistance under this Code is being
provided to the obligee, both on a proportionate share basis.
A payor who complies with an income withholding notice that
is regular on its face shall not be subject to civil
liability with respect to any individual, any agency, or any
creditor of the obligor for conduct in compliance with the
notice.
(4) No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor because of the duty to
withhold income.
(F) Petitions to Contest Withholding or to Modify, Suspend,
Terminate, or Correct Income Withholding Notices.
(1) When an obligor files a petition to contest
withholding, the court, after due notice to all parties,
shall hear the matter as soon as practicable and shall enter
an order granting or denying relief, ordering service of an
amended income withholding notice, where applicable, or
otherwise resolving the matter.
The court shall deny the obligor's petition if the court
finds that when the income withholding notice was mailed,
sent by facsimile transmission or other electronic means, or
placed for personal delivery to or service on the payor:
(a) A delinquency existed; or
(b) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of subsection (B) no longer ensured payment
of support.
(2) At any time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
(a) Modify, suspend or terminate the income
withholding notice because of a modification, suspension
or termination of the underlying order for support; or
(b) Modify the amount of income to be withheld to
reflect payment in full or in part of the delinquency or
arrearage by income withholding or otherwise; or
(c) Suspend the income withholding notice because
of inability to deliver income withheld to the obligee
due to the obligee's failure to provide a mailing address
or other means of delivery.
(3) At any time an obligor may petition the court to
correct a term contained in an income withholding notice to
conform to that stated in the underlying order for support
for:
(a) The amount of current support;
(b) The amount of the arrearage;
(c) The periodic amount for payment of the
arrearage; or
(d) The periodic amount for payment of the
delinquency.
(4) The obligor, obligee or public office shall serve on
the payor, in the manner provided for service of income
withholding notices in paragraph (7) of subsection (B), a
copy of any order entered pursuant to this subsection that
affects the duties of the payor.
(5) At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
(a) Cease withholding of income for payment of
current support for a child when the support obligation
for that child has automatically ceased under the order
for support through emancipation or otherwise; or
(b) Cease withholding of income for payment of
delinquency or arrearage when the delinquency or
arrearage has been paid in full.
(6) The notice provided for under paragraph (5) of this
subsection shall be served on the payor in the manner
provided for service of income withholding notices in
paragraph (7) of subsection (B), and a copy shall be provided
to the obligor and the obligee.
(7) The income withholding notice shall continue to be
binding upon the payor until service of an amended income
withholding notice or any order of the court or notice
entered or provided for under this subsection.
(G) Additional Duties.
(1) An obligee who is receiving income withholding
payments under this Section shall notify the payor, if the
obligee receives the payments directly from the payor, or the
public office or the Clerk of the Circuit Court, as
appropriate, of any change of address within 7 days of such
change.
(2) An obligee who is a recipient of public aid shall
send a copy of any income withholding notice served by the
obligee to the Division of Child Support Enforcement of the
Illinois Department of Public Aid.
(3) Each obligor shall notify the obligee, the public
office, and the Clerk of the Circuit Court of any change of
address within 7 days.
(4) An obligor whose income is being withheld or who has
been served with a notice of delinquency pursuant to this
Section shall notify the obligee, the public office, and the
Clerk of the Circuit Court of any new payor, within 7 days.
(5) When the Illinois Department of Public Aid is no
longer authorized to receive payments for the obligee, it
shall, within 7 days, notify the payor or, where appropriate,
the Clerk of the Circuit Court, to redirect income
withholding payments to the obligee.
(6) The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a set-off under
federal and State law or partial payment of the delinquency
or arrearage, or both.
(7) Any public office and Clerk of the Circuit Court
which collects, disburses or receives payments pursuant to
income withholding notices shall maintain complete, accurate,
and clear records of all payments and their disbursements.
Certified copies of payment records maintained by a public
office or Clerk of the Circuit Court shall, without further
proof, be admitted into evidence in any legal proceedings
under this Section.
(8) The Illinois Department of Public Aid shall design
suggested legal forms for proceeding under this Section and
shall make available to the courts such forms and
informational materials which describe the procedures and
remedies set forth herein for distribution to all parties in
support actions.
(9) At the time of transmitting each support payment,
the clerk of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date the amount would (but for the
duty to withhold income) have been paid or credited to the
obligor.
(H) Penalties.
(1) Where a payor wilfully fails to withhold or pay over
income pursuant to a properly served income withholding
notice, or wilfully discharges, disciplines, refuses to hire
or otherwise penalizes an obligor as prohibited by subsection
(E), or otherwise fails to comply with any duties imposed by
this Section, the obligee, public office or obligor, as
appropriate, may file a complaint with the court against the
payor. The clerk of the circuit court shall notify the
obligee or public office, as appropriate, and the obligor and
payor of the time and place of the hearing on the complaint.
The court shall resolve any factual dispute including, but
not limited to, a denial that the payor is paying or has paid
income to the obligor. Upon a finding in favor of the
complaining party, the court:
(a) Shall enter judgment and direct the enforcement
thereof for the total amount that the payor wilfully
failed to withhold or pay over; and
(b) May order employment or reinstatement of or
restitution to the obligor, or both, where the obligor
has been discharged, disciplined, denied employment or
otherwise penalized by the payor and may impose a fine
upon the payor not to exceed $200.
(2) Any obligee, public office or obligor who wilfully
initiates a false proceeding under this Section or who
wilfully fails to comply with the requirements of this
Section shall be punished as in cases of contempt of court.
(I) Alternative Procedures for Service of an Income
Withholding Notice.
(1) The procedures of this subsection may be used in any
matter to serve an income withholding notice on a payor if:
(a) For any reason the most recent order for
support entered does not contain the income withholding
provisions required under subsection (B), irrespective of
whether a separate order for withholding was entered
prior to July 1, 1997; and
(b) The obligor has accrued a delinquency after
entry of the most recent order for support.
(2) The obligee or public office shall prepare and serve
the income withholding notice in accordance with the
provisions of subsection (C), except that the notice shall
contain a periodic amount for payment of the delinquency
equal to 20% of the total of the current support amount and
the amount to be paid periodically for payment of any
arrearage stated in the most recent order for support.
(3) If the obligor requests in writing that income
withholding become effective prior to the obligor accruing a
delinquency under the most recent order for support, the
obligee or public office may prepare and serve an income
withholding notice on the payor as provided in subsection
(B). In addition to filing proofs of service of the income
withholding notice on the payor and the obligor, the obligee
or public office shall file a copy of the obligor's written
request for income withholding with the Clerk of the Circuit
Court.
(4) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(I).
(J) Remedies in Addition to Other Laws.
(1) The rights, remedies, duties and penalties created
by this Section are in addition to and not in substitution
for any other rights, remedies, duties and penalties created
by any other law.
(2) Nothing in this Section shall be construed as
invalidating any assignment of wages or benefits executed
prior to January 1, 1984 or any order for withholding served
prior to July 1, 1997.
(Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
90-425, eff. 8-15-97; revised 9-29-97.)
(305 ILCS 5/11-8) (from Ch. 23, par. 11-8)
Sec. 11-8. Appeals - to whom taken. Applicants or
recipients of aid may, at any time within 60 days after the
decision of the County Department or local governmental unit,
as the case may be, appeal a decision denying or terminating
aid, or granting aid in an amount which is deemed inadequate,
or changing, cancelling, revoking or suspending grants as
provided in Section 11-16, or determining to make a
protective payment under the provisions of Sections 3-5a or
4-9, or a decision by an administrative review board to
impose administrative safeguards as provided in Section 8A-8.
An appeal shall also lie when an application is not acted
upon within the time period after filing of the application
as provided by rule of the Illinois Department.
If an appeal is not made, the action of the County
Department or local governmental unit shall be final.
Appeals by applicants or recipients under Articles III,
IV, V or VII shall be taken to the Illinois Department.
Appeals by applicants or recipients under Article VI
shall be taken as follows:
(1) In counties under township organization (except
such counties in which the governing authority is a Board
of Commissioners) appeals shall be to a Public Aid
Committee consisting of the Chairman of the County Board,
and 4 members who are township supervisors of general
assistance, appointed by the Chairman, with the advice
and consent of the county board.
(2) In counties in excess of 3,000,000 population
and under township organization in which the governing
authority is a Board of Commissioners, appeals of persons
from government units outside the corporate limits of a
city, village or incorporated town of more than 500,000
population, and of persons from incorporated towns which
have superseded civil townships in respect to aid under
Article VI, shall be to the Cook County Townships Public
Aid Committee consisting of 2 township supervisors and 3
persons knowledgeable in the area of General Assistance
and the regulations of the Illinois Department pertaining
thereto and who are not officers, agents or employees of
any township, except that township supervisors may serve
as members of the Cook County Township Public Aid and
Committee. The 5 member committee shall be appointed by
the township supervisors. The first appointments shall be
made with one person serving a one year term, 2 persons
serving a 2 year term, and 2 persons serving a 3 year
term. Committee members shall thereafter serve 3 year
terms. In any appeal involving a local governmental unit
whose supervisor of general assistance is a member of the
Committee, such supervisor shall not act as a member of
the Committee for the purposes of such appeal. The
township whose action, inaction, or decision is being
appealed shall bear the expenses related to the appeal as
determined by the Cook County Townships Public Aid
Committee. A township supervisor's compensation for
general assistance or township related duties shall not
be considered an expense related to the appeal except for
expenses related to service on the Committee.
(3) In counties described in paragraph (2) appeals
of persons from a city, village or incorporated town of
more than 500,000 population shall be to a Commissioner
of Appeals, appointed as an employee of the County
Department of Public Aid in accordance with and subject
to the provisions of Section 12-21.3.
(4) In counties not under township organization,
appeals shall be to the County Board of Commissioners
which shall for this purpose be the Public Aid Committee
of the County.
In counties designated in paragraph (1) the Chairman or
President of the County Board shall appoint, with the advice
and consent of the county board, one or more alternate
members of the Public Aid Committee. All regular and
alternate members shall be Supervisors of General Assistance.
In any appeal involving a local governmental unit whose
Supervisor of General Assistance is a member of the
Committee, he shall be replaced for that appeal by an
alternate member designated by the Chairman or President of
the County Board, with the advice and consent of the county
board. In these counties not more than 3 of the 5 regular
appointees shall be members of the same political party
unless the political composition of the Supervisors of the
General Assistance precludes such a limitation. In these
counties at least one member of the Public Aid Committee
shall be a person knowledgeable in the area of general
assistance and the regulations of the Illinois Department
pertaining thereto. If no member of the Committee possesses
such knowledge, the Illinois Department shall designate an
employee of the Illinois Department having such knowledge to
be present at the Committee hearings to advise the Committee.
In every county the County Board shall provide facilities
for the conduct of hearings on appeals under Article VI. All
expenses incident to such hearings shall be borne by the
county except that in counties under township organization in
which the governing authority is a Board of Commissioners (1)
the salary and other expenses of the Commissioner of Appeals
shall be paid from General Assistance funds available for
administrative purposes, and (2) all expenses incident to
such hearings shall be borne by the township and the per diem
and traveling expenses of the township supervisors serving on
the Public Aid Committee shall be fixed and paid by their
respective townships. In all other counties the members of
the Public Aid Committee shall receive the compensation and
expenses provided by law for attendance at meetings of the
County Board.
In appeals under Article VI involving a governmental unit
receiving State funds, the Public Aid Committee and the
Commissioner of Appeals shall be bound by the rules and
regulations of the Illinois Department which are relevant to
the issues on appeal, and shall file such reports concerning
appeals as the Illinois Department requests.
An appeal shall be without cost to the appellant and
shall be made, at the option of the appellant, either upon
forms provided and prescribed by the Illinois Department or,
for appeals to a Public Aid Committee, upon forms prescribed
by the County Board; or an appeal may be made by calling a
toll-free number provided for that purpose by the Illinois
Department and providing the necessary information. The
Illinois Department may assist County Boards or a
Commissioner of Appeals in the preparation of appeal forms,
or upon request of a County Board or Commissioner of Appeals
may furnish such forms. County Departments and local
governmental units shall render all possible aid to persons
desiring to make an appeal. The provisions of Sections
11-8.1 to 11-8.7, inclusive, shall apply to all such appeals.
(Source: P.A. 90-17, eff. 7-1-97; 90-210, eff. 7-25-97;
revised 8-4-97.)
(305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
Sec. 12-4.11. Grant amounts. The Department, with due
regard for and subject to budgetary limitations, shall
establish grant amounts for each of the programs, by
regulation. The grant amounts may vary by program, size of
assistance unit and geographic area.
Aid payments shall not be reduced except: (1) for changes
in the cost of items included in the grant amounts, or (2)
for changes in the expenses of the recipient, or (3) for
changes in the income or resources available to the
recipient, or (4) for changes in grants resulting from
adoption of a consolidated grant amount, or (5).
In fixing standards to govern payments or reimbursements
for funeral and burial expenses, the Department shall take
into account the services essential to a dignified, low-cost
funeral and burial, but no payment shall be authorized from
public aid funds for the funeral in excess of $650, exclusive
of reasonable amounts as may be necessary for burial space
and cemetery charges, and any applicable taxes or other
required governmental fees or charges. The Department shall
authorize no payment in excess of $325 for a cemetery burial.
Nothing contained in this Section or in any other Section
of this Code shall be construed to prohibit the Illinois
Department (1) from consolidating existing standards on the
basis of any standards which are or were in effect on, or
subsequent to July 1, 1969, or (2) from employing any
consolidated standards in determining need for public aid and
the amount of money payment or grant for individual
recipients or recipient families.
(Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97,
90-326, eff. 8-8-97; 90-372, eff. 7-1-98; revised 10-23-97.)
(305 ILCS 5/12-4.31)
Sec. 12-4.31. Paternity establishment and continued
eligibility.
(a) In this Section, "nonmarital child" means a child
born to a woman who was not married to the child's father at
the time of the child's birth.
(b) The Illinois Department is authorized to conduct a
paternity establishment and continued eligibility program as
a demonstration program in certain geographic areas as
defined by rule. Upon completion of the demonstration, the
Illinois Department may expand the program statewide. If the
Illinois Department, as part of the demonstration program or
statewide program, makes administrative determinations of
paternity, it shall do so according to rules adopted under
Section 10-17.7.
Under the paternity establishment and continued
eligibility program, the custodial parent of a nonmarital
child otherwise eligible for assistance under Article IV, V,
or VI of this Code shall receive assistance for the custodial
parent and that child for no longer than 6 full months
unless:
(1) the paternity of the child is established
before the beginning of or within the 6-month period;
(2) the parent has fully cooperated with efforts to
establish the child's paternity, but, through no fault of
the parent, paternity has not been established;
(3) the parent begins to receive assistance while a
court action to establish the child's paternity is
pending, and the parent continues to cooperate with the
Illinois Department's efforts to establish paternity;
(4) the parent attests under oath to fear of abuse
by the putative father of the child and provides
documentation to substantiate that fear, or the parent
claims good cause for failing to cooperate in the
establishment of paternity due to rape by an unknown
assailant, and the person is found to be exempt from
cooperating to establish paternity under rules adopted by
the Illinois Department;
(5) the parent has not yet given birth to the
nonmarital child; or
(6) the putative father of the child is
incarcerated and inaccessible to the process for
establishing the child's paternity.
(b-5) (b) The 6-month period referred to in subsection
(b) (a) shall begin on the date the first full monthly
payment of assistance is made, if the parent applied for
assistance on or after the effective date of this amendatory
Act of 1995. That 6-month period shall begin on the
effective date of this amendatory Act of 1995 if the parent
was receiving assistance on behalf of the nonmarital child on
the effective date of this amendatory Act of 1995.
(c) The Illinois Department shall apply for all waivers
of federal law and regulations necessary to implement this
Section. Implementation of this Section is conditioned upon
the Illinois Department's receipt of those waivers.
(d) The Illinois Department may implement this Section
through the use of emergency rules in accordance with Section
5-45 of the Illinois Administrative Procedure Act. For
purposes of the Illinois Administrative Procedure Act, the
adoption of rules to implement this Section shall be
considered an emergency and necessary for the public
interest, safety, and welfare.
(Source: P.A. 89-6, eff. 3-6-95; revised 12-18-97.)
(305 ILCS 5/12-4.101)
Sec. 12-4.101. AFDC recipient benefits study.
(a) The Illinois Department may conduct a study of the
benefits received by families receiving aid under Article IV
of this Code (AFDC). If the study is undertaken, the study
shall be of a randomly selected sample of families receiving
AFDC. The sample must be large enough to provide reliable
information on each of the following 2 groups:
(1) All families receiving AFDC.
(2) Families that received AFDC during the full 12
months of the study period and had no income from any
source other than the programs listed in subsection (b).
(b) The study shall determine the degree to which
families receiving AFDC participated in any of the following
other programs over a prior 12-month period:
(1) Food stamps.
(2) The Special Supplemental Nutrition Program for
Women, Infants and Children (WIC) Womens', Infants', and
Children's Food Program.
(3) The school lunch program.
(4) The school breakfast program.
(5) Medical assistance under Article V of this Code
(Medicaid).
(6) Public housing.
(7) Section 8 housing subsidy program of the United
States Department of Housing and Urban Development.
(8) Other housing subsidies.
(9) Low income energy assistance.
(10) Emergency assistance.
(11) Head Start.
(12) Child support funds "passed through" to a
welfare parent under the AFDC program.
(13) Summer Youth Employment under Title IV of the
Job Training Partnership Act.
(14) Assistance to adults and youth under Title IIA
of the Job Training Partnership Act.
(15) Earned Income Tax Credit.
(16) Supplemental Security Income.
(17) General Assistance.
(18) Social Service Block Grant Funds.
(19) Any other welfare assistance provided by
federal, State, or local government.
(c) The study shall determine the degree to which
families receiving AFDC participate in the following programs
or receive income from the following sources:
(1) Earnings.
(2) Interest income, dividends, and capital gains.
(3) Social Security.
(4) Veteran's benefits.
(5) Workers' compensation.
(6) Unemployment insurance.
(7) Medicare.
(8) Other sources of income.
(d) The Illinois Department shall determine whether each
family in the sample population participated in each of the
programs listed in subsection (b) and the number of months of
participation during the time period of the study. Data
concerning participation or nonparticipation in each program
listed in subsection (b) and the given number of months of
receipt of benefits shall be verified for each family in the
sample population by an examination of records of the
government office within the State that operates each
assistance program.
The Department shall also determine, for each family, the
amount of income received from sources listed in subsection
(c). Data concerning income from sources specified in
subsection (c) shall be verified by an examination of State
and federal tax records.
No penalty or recovery of prior wrongful payments shall
be imposed on a family in the sample population because of
any inappropriate or unlawful provision to the family of
governmental aid which is discovered as a result of the
study.
(e) The study shall determine and verify the rental,
heating, water, and electric utility payments made by each
family in the sample population.
(f) The study shall seek to determine the length of time
that each family in the sample population has received AFDC
benefits, including previous intermittent periods of
receiving AFDC benefits before the family's current
enrollment in the AFDC program.
(g) The study shall determine the cost to the public of
benefits provided to families in the sample population. For
AFDC and food stamp benefits, the actual dollar value
provided to each family in the sample population shall be
recorded. For programs other than AFDC and food stamps for
which it is not feasible to determine an exact dollar value
of benefits to each family in the sample population, an
average benefit cost per recipient or per family within the
State may be estimated.
(h) For the purpose of gathering information, the
Illinois Department may augment the survey currently
conducted by the United States Department of Health and Human
Services for the National Integrated Quality Control System.
(Source: P.A. 88-412; revised 7-14-97.)
(305 ILCS 5/12-17.4) (from Ch. 23, par. 12-17.4)
Sec. 12-17.4. Additional powers and duties. In addition
to serving as agent of the Illinois Ilinois Department in
administration of the public aid programs designated in
Section 12-2, the County Department, in accordance with the
rules and regulations of the Illinois Department and under
its supervision and direction, shall:
1. Serve as the agent of the Illinois Department within
the county in the administration of such other forms of
public aid and welfare services as the Illinois Department
may designate, and perform such duties in connection with
such aid and service programs as the Illinois Department may
require.
2. Investigate, study, and give service on problems of
assistance, corrections, and general welfare within the
county.
3. Make use of, aid, cooperate co-operate with, and
assist federal, State and local governmental agencies and
private agencies and organizations engaged in functions
affecting the general welfare within the county.
4. When requested by a circuit court, or a division
thereof, in respect to any case before it, provide such
investigative or other services as the court or division and
the Illinois Department agree upon.
5. Serve as agent of the Illinois Department within the
county, when so designated, in carrying out the Illinois
Department's powers and duties pertaining to public aid under
Articles VI and IX of this Code.
6. Maintain such records and file such reports with the
Illinois Department as it may require.
(Source: P.A. 81-1085; revised 7-7-97.)
Section 128. The Housing Authorities Act is amended by
changing Sections 25.04 and 25.05 as follows:
(310 ILCS 10/25.04) (from Ch. 67 1/2, par. 25.04)
Sec. 25.04. Any person who by means of any false
statement or willful wilfull misrepresentation, misleads,
defrauds, or induces a local housing authority to fix the
rent in an amount less than required under the regulations of
the local housing authority, or by other fraudulent device or
means obtains or attempts to obtain, or aids and abets any
person in fraudulently obtaining or attempting to obtain, the
fixing of the rent in an amount less than the sum required
under the regulations of the local housing authority, is
deemed guilty of a Class A misdemeanor.
(Source: P.A. 77-2524; revised 7-7-97.)
(310 ILCS 10/25.05) (from Ch. 67 1/2, par. 25.05)
Sec. 25.05. Any person who by means of any fraudulent
misstatement or willful wilfull misrepresentation made in
connection with an application for tenancy or renewal of
tenancy in a housing project of a local housing authority
misleads, defrauds, or induces the said authority to fix a
rental payment for his or her tenancy at a sum less than
required under the regulations of the local housing authority
shall be answerable to that said authority for payment of a
sum equivalent to the difference between the rental charged
to the tenant and the rent which the tenant should have been
charged in accordance with the regulations of the local
housing authority, and in the event such payment is not made
it shall be recoverable in a civil action. In any such civil
action where fraud is proven, the court may, as a penalty
receivable by the said authority, assess an additional sum of
money up to but not in excess of the entire amount of the
difference in rent charged to the tenant and that which
should have been charged but for the willful wilfull
misrepresentation and misstatements.
(Source: Laws 1959, p. 2199; revised 7-7-97.)
Section 129. The Family Support Demonstration Project is
amended by changing Section 7 as follows:
(325 ILCS 30/7) (from Ch. 23, par. 4107)
Sec. 7. Reporting. The Department shall monitor and
evaluate the demonstration project and shall submit a status
report on its findings to the General Assembly on February 1,
1994 and 1995, and a final report on its findings to the
General Assembly on February 1, 1996. Status and final
reports shall include, but not be limited to:
(a) A descriptive summary of the operation of the family
support center, including the services provided and a copy of
the service plan developed by the center, the number of
recipients receipients of services at the center, the
allocation of funds, staffing information, and the role and
responsibility of the community family support center board.
(b) An assessment of the impact of the center upon the
community served.
(c) The composition and role of the family support
center.
(d) Recommendations regarding the continuance of the
family support center demonstration project and plans for the
implementation of other project sites.
(e) Recommendations regarding the process by which
family support centers are allocated resources.
(f) A projected budget for the expenditures required to
continue or to expand the demonstration project.
(g) Proposals for legislation necessary to facilitate
the continuation or expansion of the demonstration project.
(Source: P.A. 87-678; revised 7-7-97.)
Section 130. The Child Vision and Hearing Test Act is
amended by changing Section 7 as follows:
(410 ILCS 205/7) (from Ch. 23, par. 2337)
Sec. 7. The Director shall appoint a Children's Hearing
Services Advisory Committee and a Children's Vision Services
Advisory Committee. The membership of each committee shall
not exceed 10 individuals. In making appointments to the
Children's Hearing Services Advisory Committee, the Director
shall appoint individuals with knowledge of or experience in
the problems of hearing handicapped children and shall
appoint at least 2 two licensed physicians who specialize in
the field of otolaryngology and are recommended by that
organization representing the largest number of physicians
licensed to practice medicine in all of its branches in the
State of Illinois, and at least 2 two audiologists. In
making appointments to the Children's Vision Services
Advisory Committee, the Director shall appoint 2 two members
(and one alternate) recommended by the Illinois Society for
the Prevention of Blindness, 2 two licensed physicians (and
one alternate) who specialize in ophthalmology opthalmology
and are recommended by that organization representing the
largest number of physicians licensed to practice medicine in
all of its branches in the State of Illinois, and 2 two
licensed optometrists (and one alternate) recommended by that
organization representing the largest number of licensed
optometrists in the State of Illinois, as members of the
Children's Vision Services Advisory Committee.
The Children's Hearing Services Advisory Committee shall
advise the Department in the implementation and
administration of the hearing services program and in the
development of rules and regulations pertaining to that
program. The Children's Vision Services Advisory Committee
shall advise the Department in the development of rules and
regulations pertaining to that program. Each committee shall
select a chairman from its membership and shall meet at least
once in each calendar year.
The members of the Advisory Committees shall receive no
compensation for their services;, however, the
nongovernmental members shall be reimbursed for actual
expenses incurred in the performance of their duties in
accordance with the State of Illinois travel regulations.
(Source: P.A. 81-174; revised 7-7-97.)
Section 131. The Infant Eye Disease Act is amended by
changing Section 5 as follows:
(410 ILCS 215/5) (from Ch. 111 1/2, par. 4705)
Sec. 5. The Department of Public Health shall:
(1) enforce the provisions of this Act;
(2) provide for the gratuitous distribution of a
scientific prophylactic for ophthalmia opthalmia neonatorum,
together with proper directions for the use and
administration thereof, to all physicians and midwives
authorized by law to attend at the birth of any child;
(3) have printed and published for distribution
throughout the State advice and information concerning the
dangers of ophthalmia neonatorum and the necessity for the
prompt and effective treatment thereof;
(4) furnish similar advice and information, together
with copies of this law, to all physicians, midwives, and
others authorized by law to attend at the birth of any child;
(5) prepare appropriate report blanks and furnish them
to all local health officers for distribution to physicians
and midwives free of charge;
(6) report any and all violations of this Act to the
prosecuting attorney of the district wherein the violation is
committed.
(Source: Laws 1943, vol. 1, p. 909; revised 7-7-97.)
Section 132. The Illinois Food, Drug and Cosmetic Act is
amended by changing Section 20 as follows:
(410 ILCS 620/20) (from Ch. 56 1/2, par. 520)
Sec. 20. False or misleading advertisement.
(a) An advertisement of a food, drug, device or cosmetic
shall be deemed to be false if it is false or misleading in
any particular.
(b) For the purpose of this Act the advertisement of a
drug or device representing it to have any effect in
albuminuria, appendicitis, arteriosclerosis, blood poison,
bone disease, Bright's disease, cancer, carbuncles,
cholecystitis, diabetes, diphtheria, dropsy, erysipelas,
gallstones, heart and vascular diseases, high blood pressure,
mastoiditis, measles, meningitis, mumps, nephritis, otitis
media, paralysis, pneumonia, poliomyelitis, (infantile
paralysis), prostate gland disorders, pyelitis, scarlet
fever, sexual impotence, sinus infection, smallpox,
tuberculosis, tumors, typhoid, uremia and sexually
transmitted disease shall also be deemed to be false, except
that no advertisement not in violation of subsection (a)
shall be deemed to be false under this subsection if it is
disseminated only to members of the medical, dental or
veterinary professions or appears only in the scientific
periodicals of these professions or is disseminated only for
the purpose of public-health education by persons not
commercially interested directly or indirectly in the sale of
such drugs or devices. However, whenever the Director
determines that an advance in medical science has made any
type of self-medication safe as to any of the diseases named
above, the Director shall by regulation authorize the
advertisement of drugs having curative or therapeutic effect
for such disease, subject to such conditions and restrictions
as the Director may deem necessary in the interests of public
health. However, this subsection shall not be construed as
indicating that self-medication for diseases other than those
named herein is safe or efficacious.
(Source: P.A. 89-187, eff. 7-19-95; revised 8-5-97.)
Section 133. The Environmental Protection Act is amended
by changing Sections 21, 21.3, 22.2b, 22.44, 39, 39.2, 39.3,
and 44 as follows:
(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
Sec. 21. No person shall:
(a) Cause or allow the open dumping of any waste.
(b) Abandon, dump, or deposit any waste upon the public
highways or other public property, except in a sanitary
landfill approved by the Agency pursuant to regulations
adopted by the Board.
(c) Abandon any vehicle in violation of the "Abandoned
Vehicles Amendment to the Illinois Vehicle Code", as enacted
by the 76th General Assembly.
(d) Conduct any waste-storage, waste-treatment, or
waste-disposal operation:
(1) without a permit granted by the Agency or in
violation of any conditions imposed by such permit,
including periodic reports and full access to adequate
records and the inspection of facilities, as may be
necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; provided,
however, that, except for municipal solid waste landfill
units that receive waste on or after October 9, 1993, no
permit shall be required for (i) any person conducting a
waste-storage, waste-treatment, or waste-disposal
operation for wastes generated by such person's own
activities which are stored, treated, or disposed within
the site where such wastes are generated, or (ii) a
facility located in a county with a population over
700,000, operated and located in accordance with Section
22.38 of this Act, and used exclusively for the transfer,
storage, or treatment of general construction or
demolition debris;
(2) in violation of any regulations or standards
adopted by the Board under this Act; or
(3) which receives waste after August 31, 1988,
does not have a permit issued by the Agency, and is (i) a
landfill used exclusively for the disposal of waste
generated at the site, (ii) a surface impoundment
receiving special waste not listed in an NPDES permit,
(iii) a waste pile in which the total volume of waste is
greater than 100 cubic yards or the waste is stored for
over one year, or (iv) a land treatment facility
receiving special waste generated at the site; without
giving notice of the operation to the Agency by January
1, 1989, or 30 days after the date on which the operation
commences, whichever is later, and every 3 years
thereafter. The form for such notification shall be
specified by the Agency, and shall be limited to
information regarding: the name and address of the
location of the operation; the type of operation; the
types and amounts of waste stored, treated or disposed of
on an annual basis; the remaining capacity of the
operation; and the remaining expected life of the
operation.
Item (3) of this subsection (d) shall not apply to any
person engaged in agricultural activity who is disposing of a
substance that constitutes solid waste, if the substance was
acquired for use by that person on his own property, and the
substance is disposed of on his own property in accordance
with regulations or standards adopted by the Board.
This subsection (d) shall not apply to hazardous waste.
(e) Dispose, treat, store or abandon any waste, or
transport any waste into this State for disposal, treatment,
storage or abandonment, except at a site or facility which
meets the requirements of this Act and of regulations and
standards thereunder.
(f) Conduct any hazardous waste-storage, hazardous
waste-treatment or hazardous waste-disposal operation:
(1) without a RCRA permit for the site issued by
the Agency under subsection (d) of Section 39 of this
Act, or in violation of any condition imposed by such
permit, including periodic reports and full access to
adequate records and the inspection of facilities, as may
be necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; or
(2) in violation of any regulations or standards
adopted by the Board under this Act; or
(3) in violation of any RCRA permit filing
requirement established under standards adopted by the
Board under this Act; or
(4) in violation of any order adopted by the Board
under this Act.
Notwithstanding the above, no RCRA permit shall be
required under this subsection or subsection (d) of Section
39 of this Act for any person engaged in agricultural
activity who is disposing of a substance which has been
identified as a hazardous waste, and which has been
designated by Board regulations as being subject to this
exception, if the substance was acquired for use by that
person on his own property and the substance is disposed of
on his own property in accordance with regulations or
standards adopted by the Board.
(g) Conduct any hazardous waste-transportation
operation:
(1) without registering with and obtaining a permit
from the Agency in accordance with the Uniform Program
implemented under subsection (l-5) of Section 22.2; or
(2) in violation of any regulations or standards
adopted by the Board under this Act.
(h) Conduct any hazardous waste-recycling or hazardous
waste-reclamation or hazardous waste-reuse operation in
violation of any regulations, standards or permit
requirements adopted by the Board under this Act.
(i) Conduct any process or engage in any act which
produces hazardous waste in violation of any regulations or
standards adopted by the Board under subsections (a) and (c)
of Section 22.4 of this Act.
(j) Conduct any special waste transportation operation
in violation of any regulations, standards or permit
requirements adopted by the Board under this Act. However,
sludge from a water or sewage treatment plant owned and
operated by a unit of local government which (1) is subject
to a sludge management plan approved by the Agency or a
permit granted by the Agency, and (2) has been tested and
determined not to be a hazardous waste as required by
applicable State and federal laws and regulations, may be
transported in this State without a special waste hauling
permit, and the preparation and carrying of a manifest shall
not be required for such sludge under the rules of the
Pollution Control Board. The unit of local government which
operates the treatment plant producing such sludge shall file
a semiannual report with the Agency identifying the volume of
such sludge transported during the reporting period, the
hauler of the sludge, and the disposal sites to which it was
transported. This subsection (j) shall not apply to hazardous
waste.
(k) Fail or refuse to pay any fee imposed under this
Act.
(l) Locate a hazardous waste disposal site above an
active or inactive shaft or tunneled mine or within 2 miles
of an active fault in the earth's crust. In counties of
population less than 225,000 no hazardous waste disposal site
shall be located (1) within 1 1/2 miles of the corporate
limits as defined on June 30, 1978, of any municipality
without the approval of the governing body of the
municipality in an official action; or (2) within 1000 feet
of an existing private well or the existing source of a
public water supply measured from the boundary of the actual
active permitted site and excluding existing private wells on
the property of the permit applicant. The provisions of this
subsection do not apply to publicly-owned sewage works or the
disposal or utilization of sludge from publicly-owned sewage
works.
(m) Transfer interest in any land which has been used as
a hazardous waste disposal site without written notification
to the Agency of the transfer and to the transferee of the
conditions imposed by the Agency upon its use under
subsection (g) of Section 39.
(n) Use any land which has been used as a hazardous
waste disposal site except in compliance with conditions
imposed by the Agency under subsection (g) of Section 39.
(o) Conduct a sanitary landfill operation which is
required to have a permit under subsection (d) of this
Section, in a manner which results in any of the following
conditions:
(1) refuse in standing or flowing waters;
(2) leachate flows entering waters of the State;
(3) leachate flows exiting the landfill confines
(as determined by the boundaries established for the
landfill by a permit issued by the Agency);
(4) open burning of refuse in violation of Section
9 of this Act;
(5) uncovered refuse remaining from any previous
operating day or at the conclusion of any operating day,
unless authorized by permit;
(6) failure to provide final cover within time
limits established by Board regulations;
(7) acceptance of wastes without necessary permits;
(8) scavenging as defined by Board regulations;
(9) deposition of refuse in any unpermitted portion
of the landfill;
(10) acceptance of a special waste without a
required manifest;
(11) failure to submit reports required by permits
or Board regulations;
(12) failure to collect and contain litter from the
site by the end of each operating day;
(13) failure to submit any cost estimate for the
site or any performance bond or other security for the
site as required by this Act or Board rules.
The prohibitions specified in this subsection (o) shall
be enforceable by the Agency either by administrative
citation under Section 31.1 of this Act or as otherwise
provided by this Act. The specific prohibitions in this
subsection do not limit the power of the Board to establish
regulations or standards applicable to sanitary landfills.
(p) In violation of subdivision (a) of this Section,
cause or allow the open dumping of any waste in a manner
which results in any of the following occurrences at the dump
site:
(1) litter;
(2) scavenging;
(3) open burning;
(4) deposition of waste in standing or flowing
waters;
(5) proliferation of disease vectors;
(6) standing or flowing liquid discharge from the
dump site.
The prohibitions specified in this subsection (p) shall
be enforceable by the Agency either by administrative
citation under Section 31.1 of this Act or as otherwise
provided by this Act. The specific prohibitions in this
subsection do not limit the power of the Board to establish
regulations or standards applicable to open dumping.
(q) Conduct a landscape waste composting operation
without an Agency permit, provided, however, that no permit
shall be required for any person:
(1) conducting a landscape waste composting
operation for landscape wastes generated by such person's
own activities which are stored, treated or disposed of
within the site where such wastes are generated; or
(2) applying landscape waste or composted landscape
waste at agronomic rates; or
(3) operating a landscape waste composting facility
on a farm, if the facility meets all of the following
criteria:
(A) the composting facility is operated by the
farmer on property on which the composting material
is utilized, and the composting facility constitutes
no more than 2% of the property's total acreage,
except that the Agency may allow a higher percentage
for individual sites where the owner or operator has
demonstrated to the Agency that the site's soil
characteristics or crop needs require a higher rate;
(B) the property on which the composting
facility is located, and any associated property on
which the compost is used, is principally and
diligently devoted to the production of agricultural
crops and is not owned, leased or otherwise
controlled by any waste hauler or generator of
nonagricultural compost materials, and the operator
of the composting facility is not an employee,
partner, shareholder, or in any way connected with
or controlled by any such waste hauler or generator;
(C) all compost generated by the composting
facility is applied at agronomic rates and used as
mulch, fertilizer or soil conditioner on land
actually farmed by the person operating the
composting facility, and the finished compost is not
stored at the composting site for a period longer
than 18 months prior to its application as mulch,
fertilizer, or soil conditioner;
(D) the owner or operator, by January 1, 1990
(or the January 1 following commencement of
operation, whichever is later) and January 1 of each
year thereafter, (i) registers the site with the
Agency, (ii) reports to the Agency on the volume of
composting material received and used at the site,
(iii) certifies to the Agency that the site complies
with the requirements set forth in subparagraphs
(A), (B) and (C) of this paragraph (q)(3), and (iv)
certifies to the Agency that all composting material
was placed more than 200 feet from the nearest
potable water supply well, was placed outside the
boundary of the 10-year floodplain or on a part of
the site that is floodproofed, was placed at least
1/4 mile from the nearest residence (other than a
residence located on the same property as the
facility) and there are not more than 10 occupied
non-farm residences within 1/2 mile of the
boundaries of the site on the date of application,
and was placed more than 5 feet above the water
table.
For the purposes of this subsection (q), "agronomic
rates" means the application of not more than 20 tons per
acre per year, except that the Agency may allow a higher rate
for individual sites where the owner or operator has
demonstrated to the Agency that the site's soil
characteristics or crop needs require a higher rate.
(r) Cause or allow the storage or disposal of coal
combustion waste unless:
(1) such waste is stored or disposed of at a site
or facility for which a permit has been obtained or is
not otherwise required under subsection (d) of this
Section; or
(2) such waste is stored or disposed of as a part
of the design and reclamation of a site or facility which
is an abandoned mine site in accordance with the
Abandoned Mined Lands and Water Reclamation Act; or
(3) such waste is stored or disposed of at a site
or facility which is operating under NPDES and Subtitle D
permits issued by the Agency pursuant to regulations
adopted by the Board for mine-related water pollution and
permits issued pursuant to the Federal Surface Mining
Control and Reclamation Act of 1977 (P.L. 95-87) or the
rules and regulations thereunder or any law or rule or
regulation adopted by the State of Illinois pursuant
thereto, and the owner or operator of the facility agrees
to accept the waste; and either
(i) such waste is stored or disposed of in
accordance with requirements applicable to refuse
disposal under regulations adopted by the Board for
mine-related water pollution and pursuant to NPDES
and Subtitle D permits issued by the Agency under
such regulations; or
(ii) the owner or operator of the facility
demonstrates all of the following to the Agency, and
the facility is operated in accordance with the
demonstration as approved by the Agency: (1) the
disposal area will be covered in a manner that will
support continuous vegetation, (2) the facility will
be adequately protected from wind and water erosion,
(3) the pH will be maintained so as to prevent
excessive leaching of metal ions, and (4) adequate
containment or other measures will be provided to
protect surface water and groundwater from
contamination at levels prohibited by this Act, the
Illinois Groundwater Protection Act, or regulations
adopted pursuant thereto.
Notwithstanding any other provision of this Title, the
disposal of coal combustion waste pursuant to item (2) or (3)
of this subdivision (r) shall be exempt from the other
provisions of this Title V, and notwithstanding the
provisions of Title X of this Act, the Agency is authorized
to grant experimental permits which include provision for the
disposal of wastes from the combustion of coal and other
materials pursuant to items (2) and (3) of this subdivision
(r).
(s) After April 1, 1989, offer for transportation,
transport, deliver, receive or accept special waste for which
a manifest is required, unless the manifest indicates that
the fee required under Section 22.8 of this Act has been
paid.
(t) Cause or allow a lateral expansion of a municipal
solid waste landfill unit on or after October 9, 1993,
without a permit modification, granted by the Agency, that
authorizes the lateral expansion.
(u) Conduct any vegetable by-product treatment, storage,
disposal or transportation operation in violation of any
regulation, standards or permit requirements adopted by the
Board under this Act. However, no permit shall be required
under this Title V for the land application of vegetable
by-products conducted pursuant to Agency permit issued under
Title III of this Act to the generator of the vegetable
by-products. In addition, vegetable by-products may be
transported in this State without a special waste hauling
permit, and without the preparation and carrying of a
manifest.
(v) Conduct any operation for the receipt, transfer,
recycling, or other management of construction or demolition
debris, clean or otherwise, without maintenance of load
tickets and other manifests reflecting receipt of the debris
from the hauler and generator of the debris. The load ticket
and manifest shall identify the hauler, generator, place of
origin of the debris, the weight and volume of the debris,
the time and date of the receipt of the debris, and the
disposition of the debris by the operator of the receiving
facility. This subsection (v) shall not apply to a public
utility as that term is defined in the Public Utilities Act,
but it shall apply to an entity that contracts with a public
utility.
(w) Conduct any generation, transportation, transfer, or
disposal of construction or demolition debris, clean or
otherwise, without the maintenance of load tickets and
manifests reflecting the transfer, disposal, or other
disposition of the debris. The load ticket and manifest
shall identify the hauler, generator, place of origin of the
debris, the weight and volume of the debris, the time and
date of the disposition of the debris, and the location,
owner, and operator of the facility to which the debris was
transferred or disposed. This subsection (w) shall not apply
to a public utility as that term is defined in the Public
Utilities Act, but it shall apply to an entity that contracts
with a public utility.
(Source: P.A. 89-93, eff. 7-6-95; 89-535, eff. 7-19-96;
90-219, eff. 7-25-97; 90-344, eff. 1-1-98; 90-475, eff.
8-17-97; revised 10-15-97.)
(415 ILCS 5/21.3) (from Ch. 111 1/2, par. 1021.3)
Sec. 21.3. (a) All costs and damages for which a person
is liable to the State of Illinois under Section 22.2 and
Section 22.18 shall constitute an environmental reclamation
lien in favor of the State of Illinois upon all real property
and rights to such property which:
(1) belong to such person; and
(2) are subject to or affected by a removal or
remedial action under Section 22.2 or preventive action,
corrective action or enforcement action under Section
22.18.
(b) An environmental reclamation lien shall continue
until the liability for the costs and damages, or a judgment
against the person arising out of such liability, is
satisfied.
(c) An environmental reclamation lien shall be effective
upon the filing by the Agency of a Notice of Environmental
Reclamation Lien with the recorder or the registrar of titles
of the county in which the real property lies. The Agency
shall not file an environmental reclamation lien, and no such
lien shall be valid, unless the Agency has sent notice
pursuant to subsection subsections (q) or (v) of Section 4 of
this Act to owners of the real property. Nothing in this
Section shall be construed to give the Agency's lien a
preference over the rights of any bona fide purchaser or
mortgagee or other lienholder leinholder (not including the
United States when holding an unfiled lien) arising prior to
the filing of a notice of environmental reclamation lien in
the office of the recorder or registrar of titles of the
county in which the property subject to the lien is located.
For purposes of this Section, the term "bona fide" shall not
include any mortgage of real or personal property or any
other credit transaction that results in the mortgagee or the
holder of the security acting as trustee for unsecured
creditors of the liable person mentioned in the notice of
lien who executed such chattel or real property mortgage or
the document evidencing such credit transaction. Such lien
shall be inferior to the lien of general taxes, special
assessments and special taxes heretofore or hereafter levied
by any political subdivision of this State.
(d) The environmental reclamation lien shall not exceed
the amount of expenditures as itemized on the Affidavit of
Expenditures attached to and filed with the Notice of
Environmental Reclamation Lien. The Affidavit of
Expenditures may be amended if additional costs or damages
are incurred.
(e) Upon filing of the Notice of Environmental
Reclamation Lien a copy with attachments shall be served upon
the owners of the real property. Notice of such service
shall be served on all lienholders lien holders of record as
of the date of filing.
(f) Within 120 days after the effective date of this
Section or within 60 days after initiating response or
remedial action at the site under Section 22.2 or 22.18, the
Agency shall file a Notice of Response Action in Progress.
The Notice shall be filed with the recorder or registrar of
titles of the county in which the real property lies.
(g) In addition to any other remedy provided by the laws
of this State, the Agency may foreclose in the circuit court
an environmental reclamation lien on real property for any
costs or damages imposed under Section 22.2 or Section 22.18
to the same extent and in the same manner as in the
enforcement of other liens. The process, practice and
procedure for such foreclosure shall be the same as provided
in Article XV of the Code of Civil Procedure Practice Law, as
amended. Nothing in this Section shall affect the right of
the State of Illinois to bring an action against any person
to recover all costs and damages for which such person is
liable under Section 22.2 or Section 22.18.
(h) Any liability to the State under Section 22.2 or
Section 22.18 shall constitute a debt to the State. Interest
on such debt shall begin to accrue at a rate of 12% per annum
from the date of the filing of the Notice of Environmental
Reclamation Lien under paragraph (c). Accrued interest shall
be included as a cost incurred by the State of Illinois under
Section 22.2 or Section 22.18.
(i) "Environmental reclamation lien" means a lien
established under this Section.
(Source: P.A. 86-745; 86-820; 86-1028; revised 7-7-97.)
(415 ILCS 5/22.2b)
Sec. 22.2b. Limit of liability for prospective purchasers
of real property.
(a) The State of Illinois may grant a release of
liability that provides that a person is not potentially
liable under subsection (f) of Section Sec. 22.2 of this Act
as a result of a release or a threatened release of a
hazardous substance or pesticide if:
(1) the person performs the response actions to
remove or remedy all releases or threatened releases of a
hazardous substance or pesticide at an identified area or
at identified areas of the property in accordance with a
response action plan approved by the Agency under this
Section;
(2) the person did not cause, allow, or contribute
to the release or threatened release of a hazardous
substance or pesticide through any act or omission;
(3) the person requests, in writing, that the
Agency provide review and evaluation services under
subsection (m) of Section 22.2 of this Act and the Agency
agrees to provide the review and evaluation services; and
(4) the person is not otherwise liable under
subsection (f) of Section 22.2 under, and complies with,
regulations adopted by the Agency under subsection (e).
(b) The Agency may approve a response action plan under
this Section, including but not limited to a response action
plan that does not require the removal or remedy of all
releases or threatened releases of hazardous substances or
pesticides, if the person described under subsection (a)
proves:
(1) the response action will prevent or mitigate
immediate and significant risk of harm to human life and
health and the environment;
(2) activities at the property will not cause,
allow, contribute to, or aggravate the release or
threatened release of a hazardous substance or pesticide;
(3) due consideration has been given to the effect
that activities at the property will have on the health
of those persons likely to be present at the property;
(4) irrevocable access to the property is given to
the State of Illinois and its authorized representatives;
(5) the person is financially capable of performing
the proposed response action; and
(6) the person complies with regulations adopted by
the Agency under subsection (e).
(c) The limit of liability granted by the State of
Illinois under this Section does not apply to any person:
(1) Who is potentially liable under subsection (f)
of Section 22.2 of this Act for any costs of removal or
remedial action incurred by the State of Illinois or any
unit of local government as a result of the release or
substantial threat of a release of a hazardous substance
or pesticide that was the subject of the response action
plan approved by the Agency under this Section.
(2) Who agrees to perform the response action
contained in a response action plan approved by the
Agency under this Section and fails to perform in
accordance with the approved response action plan.
(3) Whose willful wilfull and wanton conduct
contributes to a release or threatened release of a
hazardous substance or pesticide.
(4) Whose negligent conduct contributes to a
release or threatened release of a hazardous substance or
pesticide.
(5) Who is seeking a construction or development
permit for a new municipal waste incinerator or other new
waste-to-energy facility.
(d) If a release or threatened release released of a
hazardous substance or pesticide occurs within the area
identified in the response action plan approved by the Agency
under this Section and such release or threatened release is
not specifically identified in the response action plan, for
any person to whom this Section applies, the numeric cleanup
level established by the Agency in the response action plan
shall also apply to the release or threatened release not
specifically identified in the response action plan if the
response action plan has a numeric cleanup level for the
hazardous substance or pesticide released or threatened to be
released. Nothing in this subsection (d) shall limit the
authority of the Agency to require, for any person to whom
this Section does not apply, a numeric cleanup level that
differs from the numeric cleanup level established in the
response action plan approved by the Agency under this
Section.
(e) The Agency may adopt regulations relating to this
Section. The regulations may include, but are not limited to,
both all of the following:
(1) Requirements and procedures for a response
action plan.
(2) Additional requirements that a person must meet
in order not to be liable under subsection (f) of Section
22.2.
(Source: P.A. 88-462; 89-101, eff. 7-7-95; revised 12-23-97.)
(415 ILCS 5/22.44)
Sec. 22.44. Subtitle D management fees.
(a) There is created within the State treasury a special
fund to be known as the "Subtitle D Management Fund"
constituted from the fees collected by the State under this
Section.
(b) On and after January 1, 1994, the Agency shall
assess and collect a fee in the amount set forth in this
subsection from the owner or operator of each sanitary
landfill permitted or required to be permitted by the Agency
to dispose of solid waste if the sanitary landfill is located
off the site where the waste was produced and if the sanitary
landfill is owned, controlled, and operated by a person other
than the generator of the waste. The Agency shall deposit
all fees collected under this subsection into the Subtitle D
Management Fund. If a site is contiguous to one or more
landfills owned or operated by the same person, the volumes
permanently disposed of by each landfill shall be combined
for purposes of determining the fee under this subsection.
(1) If more than 150,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall
either pay a fee of 5.5 cents per cubic yard or,
alternatively, the owner or operator may weigh the
quantity of the solid waste permanently disposed of with
a device for which certification has been obtained under
the Weights and Measures Act and pay a fee of 12 cents
per ton of waste permanently disposed of.
(2) If more than 100,000 cubic yards, but not more
than 150,000 cubic yards, of non-hazardous waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $3,825.
(3) If more than 50,000 cubic yards, but not more
than 100,000 cubic yards, of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $1,700.
(4) If more than 10,000 cubic yards, but not more
than 50,000 cubic yards, of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $530.
(5) If not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a
site in a calendar year, the owner or operator shall pay
a fee of $110.
(c) The fee under subsection (b) shall not apply to any
of the following:
(1) Hazardous waste.
(2) Pollution control waste.
(3) Waste from recycling, reclamation, or reuse
processes that have been approved by the Agency as being
designed to remove any contaminant from wastes so as to
render the wastes reusable, provided that the process
renders at least 50% of the waste reusable.
(4) Non-hazardous solid waste that is received at a
sanitary landfill and composted or recycled through a
process permitted by the Agency.
(5) Any landfill that is permitted by the Agency to
receive only demolition or construction debris or
landscape waste.
(d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. These
rules shall include, but not be limited to the following:
(1) Necessary records identifying the quantities of
solid waste received or disposed.
(2) The form and submission of reports to accompany
the payment of fees to the Agency.
(3) The time and manner of payment of fees to the
Agency, which payments shall not be more often than
quarterly.
(4) Procedures setting forth criteria establishing
when an owner or operator may measure by weight or volume
during any given quarter or other fee payment period.
(e) Fees collected under this Section shall be in
addition to any other fees collected under any other Section.
(f) The Agency shall not refund any fee paid to it under
this Section.
(g) Pursuant to appropriation, all moneys in the
Subtitle D Management Fund shall be used by the Agency to
administer the United States Environmental Protection
Agency's Subtitle D Program provided in Sections 4004 and
4010 of the Resource Conservation and Recovery Act of 1976
(P.L. 94-580 94-850) as it relates to a municipal solid waste
landfill program in Illinois and to fund a delegation of
inspecting, investigating, and enforcement functions, within
the municipality only, pursuant to subsection (r) of Section
4 of this Act to a municipality having a population of more
than 1,000,000 inhabitants. The Agency shall execute a
delegation agreement pursuant to subsection (r) of Section 4
of this Act with a municipality having a population of more
than 1,000,000 inhabitants within 90 days of the effective
date of this amendatory Act of 1993 and shall on an annual
basis distribute from the Subtitle D Management Fund to that
municipality no less than $150,000.
(Source: P.A. 88-496; revised 12-18-97.)
(415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
Sec. 39. Issuance of permits; procedures.
(a) When the Board has by regulation required a permit
for the construction, installation, or operation of any type
of facility, equipment, vehicle, vessel, or aircraft, the
applicant shall apply to the Agency for such permit and it
shall be the duty of the Agency to issue such a permit upon
proof by the applicant that the facility, equipment, vehicle,
vessel, or aircraft will not cause a violation of this Act or
of regulations hereunder. The Agency shall adopt such
procedures as are necessary to carry out its duties under
this Section. In granting permits the Agency may impose such
conditions as may be necessary to accomplish the purposes of
this Act, and as are not inconsistent with the regulations
promulgated by the Board hereunder. Except as otherwise
provided in this Act, a bond or other security shall not be
required as a condition for the issuance of a permit. If the
Agency denies any permit under this Section, the Agency shall
transmit to the applicant within the time limitations of this
Section specific, detailed statements as to the reasons the
permit application was denied. Such statements shall
include, but not be limited to the following:
(i) the Sections of this Act which may be violated
if the permit were granted;
(ii) the provision of the regulations, promulgated
under this Act, which may be violated if the permit were
granted;
(iii) the specific type of information, if any,
which the Agency deems the applicant did not provide the
Agency; and
(iv) a statement of specific reasons why the Act
and the regulations might not be met if the permit were
granted.
If there is no final action by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued; except that this time period
shall be extended to 180 days when (1) notice and
opportunity for public hearing are required by State or
federal law or regulation, (2) the application which was
filed is for any permit to develop a landfill subject to
issuance pursuant to this subsection, or (3) the application
that was filed is for a MSWLF unit required to issue public
notice under subsection (p) of Section 39.
The Agency shall publish notice of all final permit
determinations for development permits for MSWLF units and
for significant permit modifications for lateral expansions
for existing MSWLF units one time in a newspaper of general
circulation in the county in which the unit is or is proposed
to be located.
After January 1, 1994 and until July 1, 1998, operating
permits issued under this Section by the Agency for sources
of air pollution permitted to emit less than 25 tons per year
of any combination of regulated air pollutants, as defined in
Section 39.5 of this Act, shall be required to be renewed
only upon written request by the Agency consistent with
applicable provisions of this Act and regulations promulgated
hereunder. Such operating permits shall expire 180 days
after the date of such a request. The Board shall revise its
regulations for the existing State air pollution operating
permit program consistent with this provision by January 1,
1994.
After June 30, 1998, operating permits issued under this
Section by the Agency for sources of air pollution that are
not subject to Section 39.5 of this Act and are not required
to have a federally enforceable State operating permit shall
be required to be renewed only upon written request by the
Agency consistent with applicable provisions of this Act and
its rules. Such operating permits shall expire 180 days
after the date of such a request. Before July 1, 1998, the
Board shall revise its rules for the existing State air
pollution operating permit program consistent with this
paragraph and shall adopt rules that require a source to
demonstrate that it qualifies for a permit under this
paragraph.
(b) The Agency may issue NPDES permits exclusively under
this subsection for the discharge of contaminants from point
sources into navigable waters, all as defined in the Federal
Water Pollution Control Act, as now or hereafter amended,
within the jurisdiction of the State, or into any well.
All NPDES permits shall contain those terms and
conditions, including but not limited to schedules of
compliance, which may be required to accomplish the purposes
and provisions of this Act.
The Agency may issue general NPDES permits for discharges
from categories of point sources which are subject to the
same permit limitations and conditions. Such general permits
may be issued without individual applications and shall
conform to regulations promulgated under Section 402 of the
Federal Water Pollution Control Act, as now or hereafter
amended.
The Agency may include, among such conditions, effluent
limitations and other requirements established under this
Act, Board regulations, the Federal Water Pollution Control
Act, as now or hereafter amended, and regulations pursuant
thereto, and schedules for achieving compliance therewith at
the earliest reasonable date.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of NPDES
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Federal Water Pollution
Control Act, as now or hereafter amended, and regulations
pursuant thereto.
The Agency, subject to any conditions which may be
prescribed by Board regulations, may issue NPDES permits to
allow discharges beyond deadlines established by this Act or
by regulations of the Board without the requirement of a
variance, subject to the Federal Water Pollution Control Act,
as now or hereafter amended, and regulations pursuant
thereto.
(c) Except for those facilities owned or operated by
sanitary districts organized under the Metropolitan Water
Reclamation District Act, no permit for the development or
construction of a new pollution control facility may be
granted by the Agency unless the applicant submits proof to
the Agency that the location of the facility has been
approved by the County Board of the county if in an
unincorporated area, or the governing body of the
municipality when in an incorporated area, in which the
facility is to be located in accordance with Section 39.2 of
this Act.
In the event that siting approval granted pursuant to
Section 39.2 has been transferred to a subsequent owner or
operator, that subsequent owner or operator may apply to the
Agency for, and the Agency may grant, a development or
construction permit for the facility for which local siting
approval was granted. Upon application to the Agency for a
development or construction permit by that subsequent owner
or operator, the permit applicant shall cause written notice
of the permit application to be served upon the appropriate
county board or governing body of the municipality that
granted siting approval for that facility and upon any party
to the siting proceeding pursuant to which siting approval
was granted. In that event, the Agency shall conduct an
evaluation of the subsequent owner or operator's prior
experience in waste management operations in the manner
conducted under subsection (i) of Section 39 of this Act.
Beginning August 20, 1993, if the pollution control
facility consists of a hazardous or solid waste disposal
facility for which the proposed site is located in an
unincorporated area of a county with a population of less
than 100,000 and includes all or a portion of a parcel of
land that was, on April 1, 1993, adjacent to a municipality
having a population of less than 5,000, then the local siting
review required under this subsection (c) in conjunction with
any permit applied for after that date shall be performed by
the governing body of that adjacent municipality rather than
the county board of the county in which the proposed site is
located; and for the purposes of that local siting review,
any references in this Act to the county board shall be
deemed to mean the governing body of that adjacent
municipality; provided, however, that the provisions of this
paragraph shall not apply to any proposed site which was, on
April 1, 1993, owned in whole or in part by another
municipality.
In the case of a pollution control facility for which a
development permit was issued before November 12, 1981, if an
operating permit has not been issued by the Agency prior to
August 31, 1989 for any portion of the facility, then the
Agency may not issue or renew any development permit nor
issue an original operating permit for any portion of such
facility unless the applicant has submitted proof to the
Agency that the location of the facility has been approved by
the appropriate county board or municipal governing body
pursuant to Section 39.2 of this Act.
After January 1, 1994, if a solid waste disposal
facility, any portion for which an operating permit has been
issued by the Agency, has not accepted waste disposal for 5
or more consecutive calendars years, before that facility may
accept any new or additional waste for disposal, the owner
and operator must obtain a new operating permit under this
Act for that facility unless the owner and operator have
applied to the Agency for a permit authorizing the temporary
suspension of waste acceptance. The Agency may not issue a
new operation permit under this Act for the facility unless
the applicant has submitted proof to the Agency that the
location of the facility has been approved or re-approved by
the appropriate county board or municipal governing body
under Section 39.2 of this Act after the facility ceased
accepting waste.
Except for those facilities owned or operated by sanitary
districts organized under the Metropolitan Water Reclamation
District Act, and except for new pollution control facilities
governed by Section 39.2, and except for fossil fuel mining
facilities, the granting of a permit under this Act shall not
relieve the applicant from meeting and securing all necessary
zoning approvals from the unit of government having zoning
jurisdiction over the proposed facility.
Before beginning construction on any new sewage treatment
plant or sludge drying site to be owned or operated by a
sanitary district organized under the Metropolitan Water
Reclamation District Act for which a new permit (rather than
the renewal or amendment of an existing permit) is required,
such sanitary district shall hold a public hearing within the
municipality within which the proposed facility is to be
located, or within the nearest community if the proposed
facility is to be located within an unincorporated area, at
which information concerning the proposed facility shall be
made available to the public, and members of the public shall
be given the opportunity to express their views concerning
the proposed facility.
The Agency may issue a permit for a municipal waste
transfer station without requiring approval pursuant to
Section 39.2 provided that the following demonstration is
made:
(1) the municipal waste transfer station was in
existence on or before January 1, 1979 and was in
continuous operation from January 1, 1979 to January 1,
1993;
(2) the operator submitted a permit application to
the Agency to develop and operate the municipal waste
transfer station during April of 1994;
(3) the operator can demonstrate that the county
board of the county, if the municipal waste transfer
station is in an unincorporated area, or the governing
body of the municipality, if the station is in an
incorporated area, does not object to resumption of the
operation of the station; and
(4) the site has local zoning approval.
(d) The Agency may issue RCRA permits exclusively under
this subsection to persons owning or operating a facility for
the treatment, storage, or disposal of hazardous waste as
defined under this Act.
All RCRA permits shall contain those terms and
conditions, including but not limited to schedules of
compliance, which may be required to accomplish the purposes
and provisions of this Act. The Agency may include among
such conditions standards and other requirements established
under this Act, Board regulations, the Resource Conservation
and Recovery Act of 1976 (P.L. 94-580), as amended, and
regulations pursuant thereto, and may include schedules for
achieving compliance therewith as soon as possible. The
Agency shall require that a performance bond or other
security be provided as a condition for the issuance of a
RCRA permit.
In the case of a permit to operate a hazardous waste or
PCB incinerator as defined in subsection (k) of Section 44,
the Agency shall require, as a condition of the permit, that
the operator of the facility perform such analyses of the
waste to be incinerated as may be necessary and appropriate
to ensure the safe operation of the incinerator.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of RCRA
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Resource Conservation and
Recovery Act of 1976 (P.L. 94-580), as amended, and
regulations pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception
of trade secrets, at the office of the county board or
governing body of the municipality. Such documents may be
copied upon payment of the actual cost of reproduction during
regular business hours of the local office. The Agency shall
issue a written statement concurrent with its grant or denial
of the permit explaining the basis for its decision.
(e) The Agency may issue UIC permits exclusively under
this subsection to persons owning or operating a facility for
the underground injection of contaminants as defined under
this Act.
All UIC permits shall contain those terms and conditions,
including but not limited to schedules of compliance, which
may be required to accomplish the purposes and provisions of
this Act. The Agency may include among such conditions
standards and other requirements established under this Act,
Board regulations, the Safe Drinking Water Act (P.L. 93-523),
as amended, and regulations pursuant thereto, and may include
schedules for achieving compliance therewith. The Agency
shall require that a performance bond or other security be
provided as a condition for the issuance of a UIC permit.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of UIC
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Safe Drinking Water Act
(P.L. 93-523), as amended, and regulations pursuant thereto.
The applicant shall make available to the public for
inspection, all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception
of trade secrets, at the office of the county board or
governing body of the municipality. Such documents may be
copied upon payment of the actual cost of reproduction during
regular business hours of the local office. The Agency shall
issue a written statement concurrent with its grant or denial
of the permit explaining the basis for its decision.
(f) In making any determination pursuant to Section 9.1
of this Act:
(1) The Agency shall have authority to make the
determination of any question required to be determined
by the Clean Air Act, as now or hereafter amended, this
Act, or the regulations of the Board, including the
determination of the Lowest Achievable Emission Rate,
Maximum Achievable Control Technology, or Best Available
Control Technology, consistent with the Board's
regulations, if any.
(2) The Agency shall, after conferring with the
applicant, give written notice to the applicant of its
proposed decision on the application including the terms
and conditions of the permit to be issued and the facts,
conduct or other basis upon which the Agency will rely to
support its proposed action.
(3) Following such notice, the Agency shall give
the applicant an opportunity for a hearing in accordance
with the provisions of Sections 10-25 through 10-60 of
the Illinois Administrative Procedure Act.
(g) The Agency shall include as conditions upon all
permits issued for hazardous waste disposal sites such
restrictions upon the future use of such sites as are
reasonably necessary to protect public health and the
environment, including permanent prohibition of the use of
such sites for purposes which may create an unreasonable risk
of injury to human health or to the environment. After
administrative and judicial challenges to such restrictions
have been exhausted, the Agency shall file such restrictions
of record in the Office of the Recorder of the county in
which the hazardous waste disposal site is located.
(h) A hazardous waste stream may not be deposited in a
permitted hazardous waste site unless specific authorization
is obtained from the Agency by the generator and disposal
site owner and operator for the deposit of that specific
hazardous waste stream. The Agency may grant specific
authorization for disposal of hazardous waste streams only
after the generator has reasonably demonstrated that,
considering technological feasibility and economic
reasonableness, the hazardous waste cannot be reasonably
recycled for reuse, nor incinerated or chemically, physically
or biologically treated so as to neutralize the hazardous
waste and render it nonhazardous. In granting authorization
under this Section, the Agency may impose such conditions as
may be necessary to accomplish the purposes of the Act and
are consistent with this Act and regulations promulgated by
the Board hereunder. If the Agency refuses to grant
authorization under this Section, the applicant may appeal as
if the Agency refused to grant a permit, pursuant to the
provisions of subsection (a) of Section 40 of this Act. For
purposes of this subsection (h), the term "generator" has the
meaning given in Section 3.12 of this Act, unless: (1) the
hazardous waste is treated, incinerated, or partially
recycled for reuse prior to disposal, in which case the last
person who treats, incinerates, or partially recycles the
hazardous waste prior to disposal is the generator; or (2)
the hazardous waste is from a response action, in which case
the person performing the response action is the generator.
This subsection (h) does not apply to any hazardous waste
that is restricted from land disposal under 35 Ill. Adm. Code
728.
(i) Before issuing any RCRA permit or any permit for a
waste storage site, sanitary landfill, waste disposal site,
waste transfer station, waste treatment facility, waste
incinerator, or any waste-transportation operation, the
Agency shall conduct an evaluation of the prospective owner's
or operator's prior experience in waste management
operations. The Agency may deny such a permit if the
prospective owner or operator or any employee or officer of
the prospective owner or operator has a history of:
(1) repeated violations of federal, State, or local
laws, regulations, standards, or ordinances in the
operation of waste management facilities or sites; or
(2) conviction in this or another State of any
crime which is a felony under the laws of this State, or
conviction of a felony in a federal court; or
(3) proof of gross carelessness or incompetence in
handling, storing, processing, transporting or disposing
of waste.
(j) The issuance under this Act of a permit to engage in
the surface mining of any resources other than fossil fuels
shall not relieve the permittee from its duty to comply with
any applicable local law regulating the commencement,
location or operation of surface mining facilities.
(k) A development permit issued under subsection (a) of
Section 39 for any facility or site which is required to have
a permit under subsection (d) of Section 21 shall expire at
the end of 2 calendar years from the date upon which it was
issued, unless within that period the applicant has taken
action to develop the facility or the site. In the event that
review of the conditions of the development permit is sought
pursuant to Section 40 or 41, or permittee is prevented from
commencing development of the facility or site by any other
litigation beyond the permittee's control, such two-year
period shall be deemed to begin on the date upon which such
review process or litigation is concluded.
(l) No permit shall be issued by the Agency under this
Act for construction or operation of any facility or site
located within the boundaries of any setback zone established
pursuant to this Act, where such construction or operation is
prohibited.
(m) The Agency may issue permits to persons owning or
operating a facility for composting landscape waste. In
granting such permits, the Agency may impose such conditions
as may be necessary to accomplish the purposes of this Act,
and as are not inconsistent with applicable regulations
promulgated by the Board. Except as otherwise provided in
this Act, a bond or other security shall not be required as a
condition for the issuance of a permit. If the Agency denies
any permit pursuant to this subsection, the Agency shall
transmit to the applicant within the time limitations of this
subsection specific, detailed statements as to the reasons
the permit application was denied. Such statements shall
include but not be limited to the following:
(1) the Sections of this Act that may be violated
if the permit were granted;
(2) the specific regulations promulgated pursuant
to this Act that may be violated if the permit were
granted;
(3) the specific information, if any, the Agency
deems the applicant did not provide in its application to
the Agency; and
(4) a statement of specific reasons why the Act and
the regulations might be violated if the permit were
granted.
If no final action is taken by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued. Any applicant for a permit may
waive the 90 day limitation by filing a written statement
with the Agency.
The Agency shall issue permits for such facilities upon
receipt of an application that includes a legal description
of the site, a topographic map of the site drawn to the scale
of 200 feet to the inch or larger, a description of the
operation, including the area served, an estimate of the
volume of materials to be processed, and documentation that:
(1) the facility includes a setback of at least 200
feet from the nearest potable water supply well;
(2) the facility is located outside the boundary of
the 10-year floodplain or the site will be floodproofed;
(3) the facility is located so as to minimize
incompatibility with the character of the surrounding
area, including at least a 200 foot setback from any
residence, and in the case of a facility that is
developed or the permitted composting area of which is
expanded after November 17, 1991, the composting area is
located at least 1/8 mile from the nearest residence
(other than a residence located on the same property as
the facility);
(4) the design of the facility will prevent any
compost material from being placed within 5 feet of the
water table, will adequately control runoff from the
site, and will collect and manage any leachate that is
generated on the site;
(5) the operation of the facility will include
appropriate dust and odor control measures, limitations
on operating hours, appropriate noise control measures
for shredding, chipping and similar equipment, management
procedures for composting, containment and disposal of
non-compostable wastes, procedures to be used for
terminating operations at the site, and recordkeeping
sufficient to document the amount of materials received,
composted and otherwise disposed of; and
(6) the operation will be conducted in accordance
with any applicable rules adopted by the Board.
The Agency shall issue renewable permits of not longer
than 10 years in duration for the composting of landscape
wastes, as defined in Section 3.70 of this Act, based on the
above requirements.
The operator of any facility permitted under this
subsection (m) must submit a written annual statement to the
Agency on or before April 1 of each year that includes an
estimate of the amount of material, in tons, received for
composting.
(n) The Agency shall issue permits jointly with the
Department of Transportation for the dredging or deposit of
material in Lake Michigan in accordance with Section 18 of
the Rivers, Lakes, and Streams Act.
(o) From September 4, 1990 until December 31, 1993, no
permit shall be issued by the Agency for the development or
construction of any new facility intended to be used for the
incineration of any hazardous waste. This subsection shall
not apply to facilities intended for use for combustion of
potentially infectious medical waste, for use as part of a
State or federally designated clean-up action, or for use
solely for the conduct of research and the development and
demonstration of technologies for the incineration of
hazardous waste.
(p) (1) Any person submitting an application for a
permit for a new MSWLF unit or for a lateral expansion under
subsection (t) of Section 21 of this Act for an existing
MSWLF unit that has not received and is not subject to local
siting approval under Section 39.2 of this Act shall publish
notice of the application in a newspaper of general
circulation in the county in which the MSWLF unit is or is
proposed to be located. The notice must be published at
least 15 days before submission of the permit application to
the Agency. The notice shall state the name and address of
the applicant, the location of the MSWLF unit or proposed
MSWLF unit, the nature and size of the MSWLF unit or proposed
MSWLF unit, the nature of the activity proposed, the probable
life of the proposed activity, the date the permit
application will be submitted, and a statement that persons
may file written comments with the Agency concerning the
permit application within 30 days after the filing of the
permit application unless the time period to submit comments
is extended by the Agency.
When a permit applicant submits information to the Agency
to supplement a permit application being reviewed by the
Agency, the applicant shall not be required to reissue the
notice under this subsection.
(2) The Agency shall accept written comments concerning
the permit application that are postmarked no later than then
30 days after the filing of the permit application, unless
the time period to accept comments is extended by the Agency.
(3) Each applicant for a permit described in part (1) of
this subsection shall file a copy of the permit application
with the county board or governing body of the municipality
in which the MSWLF unit is or is proposed to be located at
the same time the application is submitted to the Agency.
The permit application filed with the county board or
governing body of the municipality shall include all
documents submitted to or to be submitted to the Agency,
except trade secrets as determined under Section 7.1 of this
Act. The permit application and other documents on file with
the county board or governing body of the municipality shall
be made available for public inspection during regular
business hours at the office of the county board or the
governing body of the municipality and may be copied upon
payment of the actual cost of reproduction.
(Source: P.A. 89-487, eff. 6-21-96; 89-556, eff. 7-26-96;
90-14, eff. 7-1-97; 90-367, eff. 8-10-97; 90-537, eff.
11-26-97; revised 12-31-97.)
(415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
Sec. 39.2. Local siting review approval.
(a) The county board of the county or the governing body
of the municipality, as determined by paragraph (c) of
Section 39 of this Act, shall approve or disapprove the
request for local siting approval for each pollution control
facility which is subject to such review. An applicant for
local siting approval shall submit sufficient details
describing the proposed facility to demonstrate compliance,
and local siting approval shall be granted only if the
proposed facility meets the following criteria:
(i) the facility is necessary to accommodate the
waste needs of the area it is intended to serve;
(ii) the facility is so designed, located and
proposed to be operated that the public health, safety
and welfare will be protected;
(iii) the facility is located so as to minimize
incompatibility with the character of the surrounding
area and to minimize the effect on the value of the
surrounding property;
(iv) (A) for a facility other than a sanitary
landfill or waste disposal site, the facility is located
outside the boundary of the 100 year flood plain or the
site is flood-proofed; (B) for a facility that is a
sanitary landfill or waste disposal site, the facility is
located outside the boundary of the 100-year floodplain,
or if the facility is a facility described in subsection
(b) of Section 22.19a, the site is flood-proofed;
(v) the plan of operations for the facility is
designed to minimize the danger to the surrounding area
from fire, spills, or other operational accidents;
(vi) the traffic patterns to or from the facility
are so designed as to minimize the impact on existing
traffic flows;
(vii) if the facility will be treating, storing or
disposing of hazardous waste, an emergency response plan
exists for the facility which includes notification,
containment and evacuation procedures to be used in case
of an accidental release;
(viii) if the facility is to be located in a county
where the county board has adopted a solid waste
management plan consistent with the planning requirements
of the Local Solid Waste Disposal Act or the Solid Waste
Planning and Recycling Act, the facility is consistent
with that plan; and
(ix) if the facility will be located within a
regulated recharge area, any applicable requirements
specified by the Board for such areas have been met.
The county board or the governing body of the
municipality may also consider as evidence the previous
operating experience and past record of convictions or
admissions of violations of the applicant (and any subsidiary
or parent corporation) in the field of solid waste management
when considering criteria (ii) and (v) under this Section.
(b) No later than 14 days prior to a request for
location approval the applicant shall cause written notice of
such request to be served either in person or by registered
mail, return receipt requested, on the owners of all property
within the subject area not solely owned by the applicant,
and on the owners of all property within 250 feet in each
direction of the lot line of the subject property, said
owners being such persons or entities which appear from the
authentic tax records of the County in which such facility is
to be located; provided, that the number of all feet occupied
by all public roads, streets, alleys and other public ways
shall be excluded in computing the 250 feet requirement;
provided further, that in no event shall this requirement
exceed 400 feet, including public streets, alleys and other
public ways.
Such written notice shall also be served upon members of
the General Assembly from the legislative district in which
the proposed facility is located and shall be published in a
newspaper of general circulation published in the county in
which the site is located.
Such notice shall state the name and address of the
applicant, the location of the proposed site, the nature and
size of the development, the nature of the activity proposed,
the probable life of the proposed activity, the date when the
request for site approval will be submitted, and a
description of the right of persons to comment on such
request as hereafter provided.
(c) An applicant shall file a copy of its request with
the county board of the county or the governing body of the
municipality in which the proposed site is located. The
request shall include (i) the substance of the applicant's
proposal and (ii) all documents, if any, submitted as of that
date to the Agency pertaining to the proposed facility,
except trade secrets as determined under Section 7.1 of this
Act. All such documents or other materials on file with the
county board or governing body of the municipality shall be
made available for public inspection at the office of the
county board or the governing body of the municipality and
may be copied upon payment of the actual cost of
reproduction.
Any person may file written comment with the county board
or governing body of the municipality concerning the
appropriateness of the proposed site for its intended
purpose. The county board or governing body of the
municipality shall consider any comment received or
postmarked not later than 30 days after the date of the last
public hearing.
(d) At least one public hearing is to be held by the
county board or governing body of the municipality no sooner
than 90 days but no later than 120 days from receipt of the
request for site approval. No later than 14 days prior to
such hearing notice shall be published in a newspaper of
general circulation published in the county of the proposed
site, and delivered by certified mail to all members of the
General Assembly from the district in which the proposed site
is located, to the governing authority of every municipality
contiguous to the proposed site or contiguous to the
municipality in which the proposed site is to be located, to
the county board of the county where the proposed site is to
be located, if the proposed site is located within the
boundaries of a municipality, and to the Agency. Members or
representatives of the governing authority of a municipality
contiguous to the proposed site or contiguous to the
municipality in which the proposed site is to be located
and, if the proposed site is located in a municipality,
members or representatives of the county board of a county in
which the proposed site is to be located may appear at and
participate in public hearings held pursuant to this Section.
The public hearing shall develop a record sufficient to form
the basis of appeal of the decision in accordance with
Section 40.1 of this Act. The fact that a member of the
county board or governing body of the municipality has
publicly expressed an opinion on an issue related to a site
review proceeding shall not preclude the member from taking
part in the proceeding and voting on the issue.
(e) Decisions of the county board or governing body of
the municipality are to be in writing, specifying the reasons
for the decision, such reasons to be in conformance with
subsection (a) of this Section. In granting approval for a
site the county board or governing body of the municipality
may impose such conditions as may be reasonable and necessary
to accomplish the purposes of this Section and as are not
inconsistent with regulations promulgated by the Board. Such
decision shall be available for public inspection at the
office of the county board or governing body of the
municipality and may be copied upon payment of the actual
cost of reproduction. If there is no final action by the
county board or governing body of the municipality within 180
days after the filing of the request for site approval the
applicant may deem the request approved.
At any time prior to completion by the applicant of the
presentation of the applicant's factual evidence and an
opportunity for cross-questioning by the county board or
governing body of the municipality and any participants, the
applicant may file not more than one amended application upon
payment of additional fees pursuant to subsection (k); in
which case the time limitation for final action set forth in
this subsection (e) shall be extended for an additional
period of 90 days.
If, prior to making a final local siting decision, a
county board or governing body of a municipality has
negotiated and entered into a host agreement with the local
siting applicant, the terms and conditions of the host
agreement, whether written or oral, shall be disclosed and
made a part of the hearing record for that local siting
proceeding. In the case of an oral agreement, the disclosure
shall be made in the form of a written summary jointly
prepared and submitted by the county board or governing body
of the municipality and the siting applicant and shall
describe the terms and conditions of the oral agreement.
(e-5) Siting approval obtained pursuant to this Section
is transferable and may be transferred to a subsequent owner
or operator. In the event that siting approval has been
transferred to a subsequent owner or operator, that
subsequent owner or operator assumes and takes subject to any
and all conditions imposed upon the prior owner or operator
by the county board of the county or governing body of the
municipality pursuant to subsection (e). However, any such
conditions imposed pursuant to this Section may be modified
by agreement between the subsequent owner or operator and the
appropriate county board or governing body. Further, in the
event that siting approval obtained pursuant to this Section
has been transferred to a subsequent owner or operator, that
subsequent owner or operator assumes all rights and
obligations and takes the facility subject to any and all
terms and conditions of any existing host agreement between
the prior owner or operator and the appropriate county board
or governing body.
(f) A local siting approval granted under this Section
shall expire at the end of 2 calendar years from the date
upon which it was granted, unless the local siting approval
granted under this Section is for a sanitary landfill
operation, in which case the approval shall expire at the end
of 3 calendar years from the date upon which it was granted,
and unless within that period the applicant has made
application to the Agency for a permit to develop the site.
In the event that the local siting decision has been
appealed, such expiration period shall be deemed to begin on
the date upon which the appeal process is concluded.
Except as otherwise provided in this subsection, upon the
expiration of a development permit under subsection (k) of
Section 39, any associated local siting approval granted for
the facility under this Section shall also expire.
If a first development permit for a municipal waste
incineration facility expires under subsection (k) of Section
39 after September 30, 1989 due to circumstances beyond the
control of the applicant, any associated local siting
approval granted for the facility under this Section may be
used to fulfill the local siting approval requirement upon
application for a second development permit for the same
site, provided that the proposal in the new application is
materially the same, with respect to the criteria in
subsection (a) of this Section, as the proposal that received
the original siting approval, and application for the second
development permit is made before January 1, 1990.
(g) The siting approval procedures, criteria and appeal
procedures provided for in this Act for new pollution control
facilities shall be the exclusive siting procedures and rules
and appeal procedures for facilities subject to such
procedures. Local zoning or other local land use requirements
shall not be applicable to such siting decisions.
(h) Nothing in this Section shall apply to any existing
or new pollution control facility located within the
corporate limits of a municipality with a population of over
1,000,000.
(i) The Department shall make a study of technical
considerations relating to the siting of new pollution
control facilities. Such study shall include, but need not be
limited to, a determination of the geologic and hydrologic
conditions in the State most suitable for the siting of such
facilities, the establishment of a data base on such
conditions in Illinois, and recommendations for the
establishment of technical guidelines and criteria to be used
in making such siting decisions. The Department shall report
such study and recommendations to the General Assembly, the
Governor, the Board and the public no later than October 1,
1984.
The Board shall adopt regulations establishing the
geologic and hydrologic siting criteria necessary to protect
usable groundwater resources which are to be followed by the
Agency in its review of permit applications for new pollution
control facilities. Such regulations, insofar as they apply
to new pollution control facilities authorized to store,
treat or dispose of any hazardous waste, shall be at least as
stringent as the requirements of the Resource Conservation
and Recovery Act and any State or federal regulations adopted
pursuant thereto.
(j) Any new pollution control facility which has never
obtained local siting approval under the provisions of this
Section shall be required to obtain such approval after a
final decision on an appeal of a permit denial.
(k) A county board or governing body of a municipality
may charge applicants for siting review under this Section a
reasonable fee to cover the reasonable and necessary costs
incurred by such county or municipality in the siting review
process.
(l) The governing Authority as determined by subsection
(c) of Section 39 of this Act may request the Department of
Transportation to perform traffic impact studies of proposed
or potential locations for required pollution control
facilities.
(m) An applicant may not file a request for local siting
approval which is substantially the same as a request which
was disapproved pursuant to a finding against the applicant
under any of criteria (i) through (ix) of subsection (a) of
this Section within the preceding 2 years.
(n) In any review proceeding of a decision of the county
board or governing body of a municipality made pursuant to
the local siting review process, the petitioner in the review
proceeding shall pay to the county or municipality the cost
of preparing and certifying the record of proceedings.
Should the petitioner in the review proceeding fail to make
payment, the provisions of Section 3-109 of the Code of Civil
Procedure shall apply.
In the event the petitioner is a citizens' group that
participated in the siting proceeding and is so located as to
be affected by the proposed facility, such petitioner shall
be exempt from paying the costs of preparing and certifying
the record.
(o) Notwithstanding any other provision of this Section,
a transfer station used exclusively for landscape waste,
where landscape waste is held no longer than 24 hours from
the time it was received, is not subject to the requirements
of local siting approval under this Section, but is subject
only to local zoning approval.
(Source: P.A. 89-102, eff. 7-7-95; 89-200, eff. 1-1-96;
89-626, eff. 8-9-96; 90-217, eff. 1-1-98; 90-409, eff.
8-15-97; 90-503, eff. 8-19-97; 90-537, eff. 11-26-97; revised
12-1-97.)
(415 ILCS 5/39.3) (from Ch. 111 1/2, par. 1039.3)
Sec. 39.3. (a) The provisions of this Section apply to
any application for a permit under the Solid Waste Rules of
the Board's Rules and Regulations to develop a new pollution
control facility for the disposal of hazardous waste, and to
any application to modify the development of an existing site
or facility which would allow the disposal of hazardous waste
for the first time. The requirements of this Section are in
addition to any other procedures as may be required by law.
(b) Any application for a permit under this Section
shall be made to the Agency, and shall be accompanied by
proof that notice of the application has been served upon the
Attorney General, the State's Attorney and the Chairman of
the County Board of the county in which the facility is
proposed to be located, each member of the General Assembly
from the legislative district in which the facility is
proposed to be located, and the clerk of each municipality,
any portion of which is within three miles of the boundary of
the facility. Upon the request of any person upon whom
notice is required to be served, the applicant shall promptly
furnish a copy of the application to the person making the
request.
(c) (i) Not more than 90 days after receipt of a
complete application for a permit under this Section, the
Agency shall give public notice of its preliminary
determination to either issue or deny the permit, and shall
give notice of the opportunity for a public hearing on that
preliminary determination under this Section. Upon the
request of the permit applicant, or of any other person who
is admitted as a party pursuant to subsection (d), the Agency
shall schedule a public hearing pursuant to subsection (e).
(ii) The Agency notice shall be published in a newspaper
of general circulation in the county in which the site is
proposed to be located, and shall be served upon the Attorney
General, the State's Attorney and the Chairman of the County
Board of the county in which the facility is proposed to be
located, each member of the General Assembly from the
legislative district in which the facility is proposed to be
located, and the clerk of each municipality, any portion of
which is within three miles of the boundary of the facility.
(iii) The contents, form, and manner of service of the
Agency notice shall conform to the requirements of Section
10-25 of the Illinois Administrative Procedure Act.
(d) Within 60 days after the date of the Agency notice
required by subsection (c) of this Section, any person who
may be adversely affected by an Agency decision on the permit
application may petition the Agency to intervene before the
Agency as a party. The petition to intervene shall contain a
short and plain statement identifying the petitioner and
stating the petitioner's interest. The petitioner shall
serve the petition upon the applicant for the permit and upon
any other persons who have petitioned to intervene. Unless
the Agency determines that the petition is duplicitous or
frivolous, it shall admit the petitioner as a party.
(e) (i) Not less than 60 days nor more than 180 days
after the date of the Agency notice required by subsection
(c) of this Section, the Agency shall commence the public
hearing required by this Section.
(ii) The public hearing and other proceedings required
by this Section shall be conducted in accordance with the
provisions concerning contested cases of the Illinois
Administrative Procedure Act shall apply.
(iii) The public hearing required by this Section may,
with the concurrence of the Agency, the permit applicant and
the County Board of the county or the governing body of the
municipality, be conducted jointly with the public hearing
required by Section 39.2 of this Act.
(iv) All documents submitted to the Agency in connection
with the public hearing shall be reproduced and filed at the
office of the county board or governing body of the
municipality and may be copied upon payment of the actual
cost of reproduction.
(f) Within sixty days of the completion of the public
hearing required by this Section the Agency shall render a
final decision either granting or denying the permit.
(g) The Agency shall adopt such procedural rules as may
be necessary and appropriate to carry out its duties under
this Section which are not inconsistent with the requirements
of this Section. In adopting such procedural rules the
Agency shall follow the requirements concerning rulemaking of
the Illinois Administrative Procedure Act.
(h) This Section shall not apply to permits issued by
the Agency pursuant to authority delegated from the United
States pursuant to the Resource Conservation and Recovery Act
of 1976, P.L. 94-580, as amended, or the Safe Drinking Water
Act, P.L. 93-523, as amended.
(Source: P.A. 88-45; 88-681, eff. 12-22-94; revised
12-18-97.)
(415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
Sec. 44. Criminal acts crimes; penalties.
(a) Except as otherwise provided in this Section, it
shall be a Class A misdemeanor to violate this Act or
regulations thereunder, or any permit or term or condition
thereof, or knowingly to submit any false information under
this Act or regulations adopted thereunder, or under any
permit or term or condition thereof. A court may, in addition
to any other penalty herein imposed, order a person convicted
of any violation of this Act to perform community service for
not less than 100 hours and not more than 300 hours if
community service is available in the jurisdiction. It shall
be the duty of all State and local law-enforcement officers
to enforce such Act and regulations, and all such officers
shall have authority to issue citations for such violations.
(b) Calculated Criminal Disposal of Hazardous Waste.
(1) A person commits the offense of Calculated
Criminal Disposal of Hazardous Waste when, without lawful
justification, he knowingly disposes of hazardous waste
while knowing that he thereby places another person in
danger of great bodily harm or creates an immediate or
long-term danger to the public health or the environment.
(2) Calculated Criminal Disposal of Hazardous Waste
is a Class 2 felony. In addition to any other penalties
prescribed by law, a person convicted of the offense of
Calculated Criminal Disposal of Hazardous Waste is
subject to a fine not to exceed $500,000 for each day of
such offense.
(c) Criminal Disposal of Hazardous Waste.
(1) A person commits the offense of Criminal
Disposal of Hazardous Waste when, without lawful
justification, he knowingly disposes of hazardous waste.
(2) Criminal Disposal of Hazardous Waste is a Class
3 felony. In addition to any other penalties prescribed
by law, a person convicted of the offense of Criminal
Disposal of Hazardous Waste is subject to a fine not to
exceed $250,000 for each day of such offense.
(d) Unauthorized Use of Hazardous Waste.
(1) A person commits the offense of Unauthorized
Use of Hazardous Waste when he, being required to have a
permit, registration, or license under this Act or any
other law regulating the treatment, transportation, or
storage of hazardous waste, knowingly:
(A) treats, transports, or stores any
hazardous waste without such permit, registration,
or license;
(B) treats, transports, or stores any
hazardous waste in violation of the terms and
conditions of such permit or license;
(C) transports any hazardous waste to a
facility which does not have a permit or license
required under this Act; or
(D) transports by vehicle any hazardous waste
without having in each vehicle credentials issued to
the transporter by the transporter's base state
pursuant to procedures established under the Uniform
Program.
(2) A person who is convicted of a violation of
subdivision (1)(A), (1)(B) or (1)(C) of this subsection
is guilty of a Class 4 felony. A person who is convicted
of a violation of subdivision (1)(D) is guilty of a Class
A misdemeanor. In addition to any other penalties
prescribed by law, a person convicted of violating
subdivision (1)(A), (1)(B) or (1)(C) is subject to a fine
not to exceed $100,000 for each day of such violation,
and a person who is convicted of violating subdivision
(1)(D) is subject to a fine not to exceed $1,000.
(e) Unlawful Delivery of Hazardous Waste.
(1) Except as authorized by this Act or the federal
Resource Conservation and Recovery Act, and the
regulations promulgated thereunder, it is unlawful for
any person to knowingly deliver hazardous waste.
(2) Unlawful Delivery of Hazardous Waste is a Class
3 felony. In addition to any other penalties prescribed
by law, a person convicted of the offense of Unlawful
Delivery of Hazardous Waste is subject to a fine not to
exceed $250,000 for each such violation.
(3) For purposes of this Section, "deliver" or
"delivery" means the actual, constructive, or attempted
transfer of possession of hazardous waste, with or
without consideration, whether or not there is an agency
relationship.
(f) Reckless Disposal of Hazardous Waste.
(1) A person commits Reckless Disposal of Hazardous
Waste if he disposes of hazardous waste, and his acts
which cause the hazardous waste to be disposed of,
whether or not those acts are undertaken pursuant to or
under color of any permit or license, are performed with
a conscious disregard of a substantial and unjustifiable
risk that such disposing of hazardous waste is a gross
deviation from the standard of care which a reasonable
person would exercise in the situation.
(2) Reckless Disposal of Hazardous Waste is a Class
4 felony. In addition to any other penalties prescribed
by law, a person convicted of the offense of Reckless
Disposal of Hazardous Waste is subject to a fine not to
exceed $50,000 for each day of such offense.
(g) Concealment of Criminal Disposal of Hazardous Waste.
(1) A person commits the offense of Concealment of
Criminal Disposal of Hazardous Waste when he conceals,
without lawful justification, the disposal of hazardous
waste with the knowledge that such hazardous waste has
been disposed of in violation of this Act.
(2) Concealment of Criminal Disposal of a Hazardous
Waste is a Class 4 felony. In addition to any other
penalties prescribed by law, a person convicted of the
offense of Concealment of Criminal Disposal of Hazardous
Waste is subject to a fine not to exceed $50,000 for each
day of such offense.
(h) Violations; False Statements.
(1) Any person who knowingly makes a false material
statement in an application for a permit or license
required by this Act to treat, transport, store, or
dispose of hazardous waste commits the offense of perjury
and shall be subject to the penalties set forth in
Section 32-2 of the Criminal Code of 1961.
(2) Any person who knowingly makes a false material
statement or representation in any label, manifest,
record, report, permit or license, or other document
filed, maintained or used for the purpose of compliance
with this Act in connection with the generation,
disposal, treatment, storage, or transportation of
hazardous waste commits a Class 4 felony. A second or
any subsequent offense after conviction hereunder is a
Class 3 felony.
(3) Any person who knowingly destroys, alters or
conceals any record required to be made by this Act in
connection with the disposal, treatment, storage, or
transportation of hazardous waste, commits a Class 4
felony. A second or any subsequent offense after a
conviction hereunder is a Class 3 felony.
(4) Any person who knowingly makes a false material
statement or representation in any application, bill,
invoice, or other document filed, maintained, or used for
the purpose of receiving money from the Underground
Storage Tank Fund commits a Class 4 felony. A second or
any subsequent offense after conviction hereunder is a
Class 3 felony.
(5) Any person who knowingly destroys, alters, or
conceals any record required to be made or maintained by
this Act or required to be made or maintained by Board or
Agency rules for the purpose of receiving money from the
Underground Storage Tank Fund commits a Class 4 felony. A
second or any subsequent offense after a conviction
hereunder is a Class 3 felony.
(6) A person who knowingly and falsely certifies
under Section 22.48 that an industrial process waste or
pollution control waste is not special waste commits a
Class 4 felony for a first offense and commits a Class 3
felony for a second or subsequent offense.
(7) In addition to any other penalties prescribed
by law, a person convicted of violating this subsection
(h) is subject to a fine not to exceed $50,000 for each
day of such violation.
(i) Verification.
(1) Each application for a permit or license to
dispose of, transport, treat, store or generate hazardous
waste under this Act shall contain an affirmation that
the facts are true and are made under penalty of perjury
as defined in Section 32-2 of the Criminal Code of 1961.
It is perjury for a person to sign any such application
for a permit or license which contains a false material
statement, which he does not believe to be true.
(2) Each request for money from the Underground
Storage Tank Fund shall contain an affirmation that the
facts are true and are made under penalty of perjury as
defined in Section 32-2 of the Criminal Code of 1961. It
is perjury for a person to sign any request that contains
a false material statement that he does not believe to be
true.
(j) Violations of Other Provisions.
(1) It is unlawful for a person knowingly to
violate:
(A) subsection (f) of Section 12 of this Act;
(B) subsection (g) of Section 12 of this Act;
(C) any term or condition of any Underground
Injection Control (UIC) permit;
(D) any filing requirement, regulation, or
order relating to the State Underground Injection
Control (UIC) program;
(E) any provision of any regulation, standard,
or filing requirement under subsection (b) of
Section 13 of this Act;
(F) any provision of any regulation, standard,
or filing requirement under subsection (b) of
Section 39 of this Act;
(G) any National Pollutant Discharge
Elimination System (NPDES) permit issued under this
Act or any term or condition of such permit;
(H) subsection (h) of Section 12 of this Act;
(I) subsection 6 of Section 39.5 of this Act;
(J) any provision of any regulation, standard
or filing requirement under Section 39.5 of this
Act; or
(K) a provision of the Procedures for Asbestos
Emission Control in subsection (c) of Section 61.145
of Title 40 of the Code of Federal Regulations.
(2) A person convicted of a violation of
subdivision (1) of this subsection commits a Class 4
felony, and in addition to any other penalty prescribed
by law is subject to a fine not to exceed $25,000 for
each day of such violation.
(3) A person who negligently violates the following
shall be subject to a fine not to exceed $10,000 for each
day of such violation:
(A) subsection (f) of Section 12 of this Act;
(B) subsection (g) of Section 12 of this Act;
(C) any provision of any regulation, standard,
or filing requirement under subsection (b) of
Section 13 of this Act;
(D) any provision of any regulation, standard,
or filing requirement under subsection (b) of
Section 39 of this Act;
(E) any National Pollutant Discharge
Elimination System (NPDES) permit issued under this
Act;
(F) subsection 6 of Section 39.5 of this Act;
or
(G) any provision of any regulation, standard,
or filing requirement under Section 39.5 of this
Act.
(4) It is unlawful for a person knowingly to:
(A) make any false statement, representation,
or certification in an application form, or form
pertaining to, a National Pollutant Discharge
Elimination System (NPDES) permit;
(B) render inaccurate any monitoring device or
record required by the Agency or Board in connection
with any such permit or with any discharge which is
subject to the provisions of subsection (f) of
Section 12 of this Act;
(C) make any false statement, representation,
or certification in any form, notice or report
pertaining to a CAAPP permit under Section 39.5 of
this Act;
(D) render inaccurate any monitoring device or
record required by the Agency or Board in connection
with any CAAPP permit or with any emission which is
subject to the provisions of Section 39.5 of this
Act; or
(E) violate subsection 6 of Section 39.5 of
this Act or any CAAPP permit, or term or condition
thereof, or any fee or filing requirement.
(5) A person convicted of a violation of
subdivision (4) of this subsection commits a Class A
misdemeanor, and in addition to any other penalties
provided by law is subject to a fine not to exceed
$10,000 for each day of violation.
(k) Criminal operation of a hazardous waste or PCB
incinerator.
(1) A person commits the offense of criminal
operation of a hazardous waste or PCB incinerator when,
in the course of operating a hazardous waste or PCB
incinerator, he knowingly and without justification
operates the incinerator (i) without an Agency permit, or
in knowing violation of the terms of an Agency permit,
and (ii) as a result of such violation, knowingly places
any person in danger of great bodily harm or knowingly
creates an immediate or long term material danger to the
public health or the environment.
(2) Any person who commits the offense of criminal
operation of a hazardous waste or PCB incinerator for the
first time commits a Class 4 felony and, in addition to
any other penalties prescribed by law, shall be subject
to a fine not to exceed $100,000 for each day of the
offense.
Any person who commits the offense of criminal
operation of a hazardous waste or PCB incinerator for a
second or subsequent time commits a Class 3 felony and,
in addition to any other penalties prescribed by law,
shall be subject to a fine not to exceed $250,000 for
each day of the offense.
(3) For the purpose of this subsection (k), the
term "hazardous waste or PCB incinerator" means a
pollution control facility at which either hazardous
waste or PCBs, or both, are incinerated. "PCBs" means any
substance or mixture of substances that contains one or
more polychlorinated biphenyls in detectable amounts.
(l) It shall be the duty of all State and local law
enforcement officers to enforce this Act and the regulations
adopted hereunder, and all such officers shall have authority
to issue citations for such violations.
(m) Any action brought under this Section shall be
brought by the State's Attorney of the county in which the
violation occurred, or by the Attorney General, and shall be
conducted in accordance with the applicable provisions of the
Code of Criminal Procedure of 1963.
(n) For an offense described in this Section, the period
for commencing prosecution prescribed by the statute of
limitations shall not begin to run until the offense is
discovered by or reported to a State or local agency having
the authority to investigate violations of this Act.
(o) In addition to any other penalties provided under
this Act, if a person is convicted of (or agrees to a
settlement in an enforcement action over) illegal dumping of
waste on the person's own property, the Attorney General, the
Agency or local prosecuting authority shall file notice of
the conviction, finding or agreement in the office of the
Recorder in the county in which the landowner lives.
(p) Criminal Disposal of Waste.
(1) A person commits the offense of Criminal
Disposal of Waste when he or she:
(A) if required to have a permit under
subsection (d) of Section 21 of this Act, knowingly
conducts a waste-storage, waste-treatment, or
waste-disposal operation in a quantity that exceeds
250 cubic feet of waste without a permit; or
(B) knowingly conducts open dumping of waste
in violation of subsection (a) of Section 21 of this
Act.
(2) (A) A person who is convicted of a violation of
item (A) of subdivision (1) of this subsection is
guilty of a Class 4 felony for a first offense and,
in addition to any other penalties provided by law,
is subject to a fine not to exceed $25,000 for each
day of violation. A person who is convicted of a
violation of item (A) of subdivision (1) of this
subsection is guilty of a Class 3 felony for a
second or subsequent offense and, in addition to any
other penalties provided by law, is subject to a
fine not to exceed $50,000 for each day of
violation.
(B) A person who is convicted of a violation
of item (B) of subdivision (1) of this subsection is
guilty of a Class A misdemeanor. However, a person
who is convicted of a second or subsequent violation
of item (B) of subdivision (1) of this subsection
for the open dumping of waste in a quantity that
exceeds 250 cubic feet is guilty of a Class 4 felony
and, in addition to any other penalties provided by
law, is subject to a fine not to exceed $5,000 for
each day of violation.
(Source: P.A. 89-235, eff. 8-4-95; 90-219, eff. 7-25-97;
90-344, eff. 1-1-98; 90-502, eff. 8-19-97; revised 10-27-97.)
Section 134. The Illinois Solid Waste Management Act is
amended by changing Section 3 as follows:
(415 ILCS 20/3) (from Ch. 111 1/2, par. 7053)
Sec. 3. State agency materials recycling program.
(a) All State agencies responsible for the maintenance
of public lands in the State shall, to the maximum extent
feasible, give due consideration and preference to the use of
compost materials in all land maintenance activities which
are to be paid with public funds.
(b) The Department of Central Management Services, in
coordination with the Department of Commerce and Community
Affairs, shall implement waste reduction programs, including
source separation and collection, for office wastepaper,
corrugated containers, newsprint and mixed paper, in all
State buildings as appropriate and feasible. Such waste
reduction programs shall be designed to achieve waste
reductions of at least 25% of all such waste by December 31,
1995, and at least 50% of all such waste by December 31,
2000. Any source separation and collection program shall
include, at a minimum, procedures for collecting and storing
recyclable materials, bins or containers for storing
materials, and contractual or other arrangements with buyers
of recyclable materials. If market conditions so warrant,
the Department of Central Management Services, in
coordination with the Department of Commerce and Community
Affairs, may modify programs developed pursuant to this
Section.
The Department of Commerce and Community Affairs shall
conduct waste categorization studies of all State facilities
for calendar years 1991, 1995 and 2000. Such studies shall
be designed to assist the Department of Central Management
Services to achieve the waste reduction goals established in
this subsection.
(c) Each State agency shall, upon consultation with the
Department of Commerce and Community Affairs, periodically
review its procurement procedures and specifications related
to the purchase of products or supplies. Such procedures and
specifications shall be modified as necessary to require the
procuring agency to seek out products and supplies that
contain recycled materials, and to ensure that purchased
products or supplies are reusable, durable or made from
recycled materials whenever economically and practically
feasible. In choosing among products or supplies that
contain recycled material, consideration shall be given to
products and supplies with the highest recycled material
content that is consistent with the effective and efficient
use of the product or supply.
(d) Wherever economically and practically feasible, the
Department of Central Management Services shall procure
recycled paper and paper products as follows:
(1) Beginning July 1, 1989, at least 10% of the
total dollar value of paper and paper products purchased
by the Department of Central Management Services shall be
recycled paper and paper products.
(2) Beginning July 1, 1992, at least 25% of the
total dollar value of paper and paper products purchased
by the Department of Central Management Services shall be
recycled paper and paper products.
(3) Beginning July 1, 1996, at least 40% of the
total dollar value of paper and paper products purchased
by the Department of Central Management Services shall be
recycled paper and paper products.
(4) Beginning July 1, 2000, at least 50% of the
total dollar value of paper and paper products purchased
by the Department of Central Management Services shall be
recycled paper and paper products.
(e) Paper and paper products purchased from private
vendors pursuant to printing contracts are not considered
paper products for the purposes of subsection (d). However,
the Department of Central Management Services shall report to
the General Assembly on an annual basis the total dollar
value of printing contracts awarded to private sector vendors
that included the use of recycled paper.
(f)(1) Wherever economically and practically feasible,
the recycled paper and paper products referred to in
subsection (d) shall contain postconsumer or recovered
paper materials as specified by paper category in this
subsection:
(i) Recycled high grade printing and writing
paper shall contain at least 50% recovered paper
material. Such recovered paper material, until July
1, 1994, shall consist of at least 20% deinked stock
or postconsumer material; and beginning July 1,
1994, shall consist of at least 25% deinked stock or
postconsumer material; and beginning July 1, 1996,
shall consist of at least 30% deinked stock or
postconsumer material; and beginning July 1, 1998,
shall consist of at least 40% deinked stock or
postconsumer material; and beginning July 1, 2000,
shall consist of at least 50% deinked stock or
postconsumer material.
(ii) Recycled tissue products, until July 1,
1994, shall contain at least 25% postconsumer
material; and beginning July 1, 1994, shall contain
at least 30% postconsumer material; and beginning
July 1, 1996, shall contain at least 35%
postconsumer material; and beginning July 1, 1998,
shall contain at least 40% postconsumer material;
and beginning July 1, 2000, shall contain at least
45% postconsumer material.
(iii) Recycled newsprint, until July 1, 1994,
shall contain at least 40% postconsumer material;
and beginning July 1, 1994, shall contain at least
50% postconsumer material; and beginning July 1,
1996, shall contain at least 60% postconsumer
material; and beginning July 1, 1998, shall contain
at least 70% postconsumer material; and beginning
July 1, 2000, shall contain at least 80%
postconsumer material.
(iv) Recycled unbleached packaging, until July
1, 1994, shall contain at least 35% postconsumer
material; and beginning July 1, 1994, shall contain
at least 40% postconsumer material; and beginning
July 1, 1996, shall contain at least 45%
postconsumer material; and beginning July 1, 1998,
shall contain at least 50% postconsumer material;
and beginning July 1, 2000, shall contain at least
55% postconsumer material.
(v) Recycled paperboard, until July 1, 1994,
shall contain at least 80% postconsumer material;
and beginning July 1, 1994, shall contain at least
85% postconsumer material; and beginning July 1,
1996, shall contain at least 90% postconsumer
material; and beginning July 1, 1998, shall contain
at least 95% postconsumer material.
(2) For the purposes of this Section, "postconsumer
material" includes:
(i) paper, paperboard, and fibrous wastes from
retail stores, office buildings, homes, and so
forth, after the waste has passed through its end
usage as a consumer item, including used corrugated
boxes, old newspapers, mixed waste paper, tabulating
cards, and used cordage; and
(ii) all paper, paperboard, and fibrous wastes
that are diverted or separated from the municipal
solid waste stream.
(3) For the purposes of this Section, "recovered
paper material" includes:
(i) postconsumer material;
(ii) dry paper and paperboard waste generated
after completion of the papermaking process (that
is, those manufacturing operations up to and
including the cutting and trimming of the paper
machine reel into smaller rolls or rough sheets),
including envelope cuttings, bindery trimmings, and
other paper and paperboard waste resulting from
printing, cutting, forming, and other converting
operations, or from bag, box and carton
manufacturing, and butt rolls, mill wrappers, and
rejected unused stock; and
(iii) finished paper and paperboard from
obsolete inventories of paper and paperboard
manufacturers, merchants, wholesalers, dealers,
printers, converters, or others.
(g) The Department of Central Management Services may
adopt regulations to carry out the provisions and purposes of
this Section.
(h) Every State agency shall, in its procurement
documents, specify that, whenever economically and
practically feasible, a product to be procured must consist,
wholly or in part, of recycled materials, or be recyclable or
reusable in whole or in part. When applicable, if state
guidelines are not already prescribed, State agencies shall
follow USEPA guidelines for federal procurement.
(i) All State agencies shall cooperate with the
Department of Central Management Services in carrying out
this Section. The Department of Central Management Services
may enter into cooperative purchasing agreements with other
governmental units in order to obtain volume discounts, or
for other reasons in accordance with the Governmental Joint
Purchasing Act, or in accordance with the Intergovernmental
Cooperation Act if governmental units of other states or the
federal government are involved.
(j) The Department of Central Management Services shall
submit an annual report to the General Assembly concerning
its implementation of the State's collection and recycled
paper procurement programs. This report shall include a
description of the actions that the Department of Central
Management Services has taken in the previous fiscal year to
implement this Section. This report shall be submitted on or
before November 1 of each year.
(k) The Department of Central Management Services, in
cooperation with all other appropriate departments and
agencies of the State, shall institute whenever economically
and practically feasible the use of re-refined motor oil in
all State-owned motor vehicles and the use of remanufactured
and retread tires whenever such use is practical, beginning
no later than July 1, 1992.
(l) (Blank).
(m) The Department of Central Management Services, in
coordination with the Department of Commerce and Community
Affairs, shall implement an aluminum can recycling program in
all State buildings within 270 days of the effective date of
this amendatory Act of 1997. The program shall provide for
(1) the collection and storage of used aluminum cans in bins
or other appropriate containers made reasonably available to
occupants and visitors of State buildings and (2) the sale of
used aluminum cans to buyers of recyclable materials.
Proceeds from the sale of used aluminum cans shall be
deposited into I-CYCLE accounts maintained in the State
Surplus Property Revolving Fund and, subject to
appropriation, shall be used by the Department of Central
Management Services and any other State agency to offset the
costs of implementing the aluminum can recycling program
under this Section.
All State agencies having an aluminum can recycling
program in place shall continue with their current plan. If a
State agency has an existing recycling program in place,
proceeds from the aluminum can recycling program may be
retained and distributed pursuant to that program, otherwise
all revenue resulting from these programs shall be forwarded
to Central Management Services, I-CYCLE for placement into
the appropriate account within the State Surplus Property
Revolving Fund, minus any operating costs associated with the
program.
(Source: P.A. 89-445, eff. 2-7-96; 90-180, eff. 7-23-97;
90-372, eff. 7-1-98; revised 11-18-97.)
Section 135. The Illinois Groundwater Protection Act is
amended by changing Section 8 as follows:
(415 ILCS 55/8) (from Ch. 111 1/2, par. 7458)
Sec. 8. (a) The Agency, after consultation with the
Committee and the Council, shall propose regulations
establishing comprehensive water quality standards which are
specifically for the protection of groundwater. In preparing
such regulations, the Agency shall address, to the extent
feasible, those contaminants which have been found in the
groundwaters of the State and which are known to cause, or
are suspected of causing, cancer, birth defects, or any other
adverse effect on human health according to nationally
accepted guidelines. Such regulations shall be submitted to
the Board by July 1, 1989.
(b) Within 2 years after the date upon which the Agency
files the proposed regulations, the Board shall promulgate
the water quality standards for groundwater. In promulgating
these regulations, the Board shall, in addition to the
factors set forth in Title VII of the Environmental
Protection Act, consider the following:
(1) recognition that groundwaters differ in many
important respects from surface waters, including water
quality, rate of movement, direction of flow,
accessibility, susceptibility to pollution, and use;
(2) classification of groundwaters on an
appropriate basis, such as their utility as a resource or
susceptibility susceptability to contamination;
(3) preference for numerical water quality
standards, where possible, over narrative standards,
especially where specific contaminants have been commonly
detected in groundwaters or where federal drinking water
levels or advisories are available;
(4) application of nondegradation provisions for
appropriate groundwaters, including notification
limitations to trigger preventive response activities;
(5) relevant experiences from other states where
groundwater protection programs have been implemented;
and
(6) existing methods of detecting and quantifying
contaminants with reasonable analytical certainty.
(c) To provide a process to expedite promulgation of
groundwater quality standards, the provisions of this Section
shall be exempt from the requirements of subsection (b) of
Section 27 of the "Environmental Protection Act", approved
June 29, 1970, as amended; and shall be exempt from the
provisions of Sections 4 and 5 of "An Act in relation to
natural resources, research, data collection and
environmental studies", approved July 1, 1978, as amended.
(d) The Department of Natural Resources, with the
cooperation of the Committee and the Agency, shall conduct a
study of the economic impact of the regulations developed
pursuant to this Section. The study shall include, but need
not be limited to, consideration of the criteria established
in subsection (a) of Section 4 of "An Act in relation to
natural resources, research, data collection and
environmental studies", approved July 1, 1978, as amended.
This study shall be conducted concurrently with the
development of the regulations developed pursuant to this
Section. Work on this study shall commence as soon as is
administratively practicable after the Agency begins
development of the regulations. The study shall be submitted
to the Board no later than 60 days after the proposed
regulations are filed with the Board.
The Department shall consult with the Economic Technical
Advisory Committee during the development of the regulations
and the economic impact study required in this Section and
shall consider the comments of the Committee in the study.
(e) The Board may combine public hearings on the
economic impact study conducted by the Department with any
hearings required under Board rules.
(Source: P.A. 89-445, eff. 2-7-96; revised 7-7-97.)
Section 136. The Illinois Pesticide Act is amended by
changing Section 23 as follows:
(415 ILCS 60/23) (from Ch. 5, par. 823)
Sec. 23. Subpoenas. The Director may issue subpoenas to
compel the attendance of witnesses or the production of
books, documents, records, or other information in the State
at any hearing affecting the privilege granted by license,
certification, registration or permit issued under provisions
of this Act.
(Source: P.A. 81-197; revised 12-18-97.)
Section 137. The Recycled Newsprint Use Act is amended
by changing Section 2013 as follows:
(415 ILCS 110/2013) (from Ch. 96 1/2, par. 9763)
Sec. 2013. Mandatory recycling.
(a) If the Department determines that the 1993 annual
aggregate average of recycled fiber usage does not meet or
exceed the goal established in Section 2003 3 of this Act,
the provisions of this Section shall be implemented.
(b) During the year 1994 every consumer of newsprint in
Illinois shall be required to ensure that its recycled fiber
usage is at least 28%, unless he complies with subsection (c)
or (d).
(c) If recycled content newsprint cannot be found that
meets quality standards established by the Department, or if
recycled content newsprint cannot be found in sufficient
quantities to meet recycled fiber usage requirements within a
given year, or if recycled newsprint cannot be found at a
price comparable to that of newsprint made from 100% virgin
fibers, the consumer of newsprint shall so certify to the
Department and provide the Department with the specific
reasons for failing to meet recycled fiber usage
requirements.
(d) A consumer of newsprint who has made previous
contracts with newsprint suppliers before January 1, 1991,
may be exempt from the requirements of this Act if those
requirements are in conflict with the agreements set forth in
the contract. The consumer of newsprint must conform to the
conditions of this Act immediately upon expiration or
nullification of the contract. Contracts may not be entered
into or renewed as an attempt to evade the requirements of
this Act.
(e) Any consumer of newsprint who knowingly provides the
Department with a false or misleading certificate concerning
why the consumer of newsprint was unable to obtain the
minimum amount of recycled content newsprint needed to
achieve the recycled fiber usage requirements, commits a
Class C misdemeanor, and the Department, within 30 days of
making this determination, shall refer the false or
misleading certificate to the Attorney General for
prosecution.
(f) Any person who knowingly violates subsection (b) of
this Section is guilty of a business offense punishable by a
fine of not more than $1,000.
(Source: P.A. 86-1443; revised 12-18-97.)
Section 138. The Illinois Low-Level Radioactive Waste
Management Act is amended by changing Sections 13 and 19 as
follows:
(420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
Sec. 13. Waste fees.
(a) The Department shall collect a fee from each
generator of low-level radioactive wastes in this State.
Except as provided in subsections (b), (c), and (d), the
amount of the fee shall be $50.00 or the following amount,
whichever is greater:
(1) $1 per cubic foot of waste shipped for storage,
treatment or disposal if storage of the waste for
shipment occurred prior to September 7, 1984;
(2) $2 per cubic foot of waste stored for shipment
if storage of the waste occurs on or after September 7,
1984, but prior to October 1, 1985;
(3) $3 per cubic foot of waste stored for shipment
if storage of the waste occurs on or after October 1,
1985;
(4) $2 per cubic foot of waste shipped for storage,
treatment or disposal if storage of the waste for
shipment occurs on or after September 7, 1984 but prior
to October 1, 1985, provided that no fee has been
collected previously for storage of the waste;.
(5) $3 per cubic foot of waste shipped for storage,
treatment or disposal if storage of the waste for
shipment occurs on or after October 1, 1985, provided
that no fees have been collected previously for storage
of the waste.
Such fees shall be collected annually or as determined by
the Department and shall be deposited in the low-level
radioactive waste funds as provided in Section 14 of this
Act. Notwithstanding any other provision of this Act, no fee
under this Section shall be collected from a generator for
waste generated incident to manufacturing before December 31,
1980, and shipped for disposal outside of this State before
December 31, 1992, as part of a site reclamation leading to
license termination.
(b) Each nuclear power reactor in this State for which
an operating license has been issued by the Nuclear
Regulatory Commission shall not be subject to the fee
required by subsection (a) with respect to (1) waste stored
for shipment if storage of the waste occurs on or after
January 1, 1986; and (2) waste shipped for storage, treatment
or disposal if storage of the waste for shipment occurs on or
after January 1, 1986. In lieu of the fee, each reactor
shall be required to pay an annual fee of $90,000 for the
treatment, storage and disposal of low-level radioactive
waste. Beginning with State fiscal year 1986 and through
State fiscal year 1997, fees shall be due and payable on
January 1st of each year. For State fiscal year 1998 and all
subsequent State fiscal years, fees shall be due and payable
on July 1 of each fiscal year. The fee due on July 1, 1997
shall be payable on that date, or within 10 days after the
effective date of this amendatory Act of 1997, whichever is
later.
After September 15, 1987, for each nuclear power reactor
for which an operating license is issued after January 1, the
owner of each such reactor shall be required to pay for the
year in which the operating license is issued a prorated fee
equal to $246.57 multiplied by the number of days in the year
during which the nuclear power reactor will be licensed. The
prorated fee shall be due and payable 30 days after the
operating license is issued.
(c) In each of State fiscal years 1988, 1989 and 1990,
in addition to the fee imposed in subsections (b) and (d),
the owner of each nuclear power reactor in this State for
which an operating license has been issued by the Nuclear
Regulatory Commission shall pay a fee of $408,000. If an
operating license is issued during one of those 3 fiscal
years, the owner shall pay a prorated amount of the fee equal
to $1,117.80 multiplied by the number of days in the fiscal
year during which the nuclear power reactor was licensed.
The fee shall be due and payable as follows: in fiscal
year 1988, $204,000 shall be paid on October 1, 1987 and
$102,000 shall be paid on each of January 1, 1988 and April
1, 1988; in fiscal year 1989, $102,000 shall be paid on each
of July 1, 1988, October 1, 1988, January 1, 1989 and April
1, 1989; and in fiscal year 1990, $102,000 shall be paid on
each of July 1, 1989, October 1, 1989, January 1, 1990 and
April 1, 1990. If the operating license is issued during one
of the 3 fiscal years, the owner shall be subject to those
payment dates, and their corresponding amounts, on which the
owner possesses an operating license and, on June 30 of the
fiscal year of issuance of the license, whatever amount of
the prorated fee remains outstanding.
All of the amounts collected by the Department under this
subsection (c) shall be deposited into the Low-Level
Radioactive Waste Facility Development and Operation Fund
created under subsection (a) of Section 14 of this Act and
expended, subject to appropriation, for the purposes provided
in that subsection.
(d) In addition to the fees imposed in subsections (b)
and (c), the owners of nuclear power reactors in this State
for which operating licenses have been issued by the Nuclear
Regulatory Commission shall pay the following fees for each
such nuclear power reactor: for State fiscal year 1989,
$325,000 payable on October 1, 1988, $162,500 payable on
January 1, 1989, and $162,500 payable on April 1, 1989; for
State fiscal year 1990, $162,500 payable on July 1, $300,000
payable on October 1, $300,000 payable on January 1 and
$300,000 payable on April 1; for State fiscal year 1991,
either (1) $150,000 payable on July 1, $650,000 payable on
September 1, $675,000 payable on January 1, and $275,000
payable on April 1, or (2) $150,000 on July 1, $130,000 on
the first day of each month from August through December,
$225,000 on the first day of each month from January through
March and $92,000 on the first day of each month from April
through June; for State fiscal year 1992, $260,000 payable on
July 1, $900,000 payable on September 1, $300,000 payable on
October 1, $150,000 payable on January 1, and $100,000
payable on April 1; for State fiscal year 1993, $100,000
payable on July 1, $230,000 payable on August 1 or within 10
days after July 31, 1992, whichever is later, and $355,000
payable on October 1; for State fiscal year 1994, $100,000
payable on July 1, $75,000 payable on October 1 and $75,000
payable on April 1; for State fiscal year 1995, $100,000
payable on July 1, $75,000 payable on October 1, and $75,000
payable on April 1, for State fiscal year 1996, $100,000
payable on July 1, $75,000 payable on October 1, and $75,000
payable on April 1; for State fiscal year 1998 and subsequent
fiscal years, $30,000, payable on July 1 of each fiscal year.
The fee due on July 1, 1997 shall be payable on that date or
within 10 days after the effective date of this amendatory
Act of 1997, whichever is later. If the payments under this
subsection for fiscal year 1993 due on January 1, 1993, or on
April 1, 1993, or both, were due before the effective date of
this amendatory Act of the 87th General Assembly, then those
payments are waived and need not be made.
All of the amounts collected by the Department under this
subsection (d) shall be deposited into the Low-Level
Radioactive Waste Facility Development and Operation Fund
created pursuant to subsection (a) of Section 14 of this Act
and expended, subject to appropriation, for the purposes
provided in that subsection.
All payments made by licensees under this subsection (d)
for fiscal year 1992 that are not appropriated and obligated
by the Department above $1,750,000 per reactor in fiscal year
1992, shall be credited to the licensees making the payments
to reduce the per reactor fees required under this subsection
(d) for fiscal year 1993.
(e) The Department shall promulgate rules and
regulations establishing standards for the collection of the
fees authorized by this Section. The regulations shall
include, but need not be limited to:
(1) the records necessary to identify the amounts
of low-level radioactive wastes produced;
(2) the form and submission of reports to accompany
the payment of fees to the Department; and
(3) the time and manner of payment of fees to the
Department, which payments shall not be more frequent
than quarterly.
(f) Any operating agreement entered into under
subsection (b) of Section 5 of this Act between the
Department and any disposal facility contractor shall,
subject to the provisions of this Act, authorize the
contractor to impose upon and collect from persons using the
disposal facility fees designed and set at levels reasonably
calculated to produce sufficient revenues (1) to pay all
costs and expenses properly incurred or accrued in
connection with, and properly allocated to, performance of
the contractor's obligations under the operating agreement,
and (2) to provide reasonable and appropriate compensation or
profit to the contractor under the operating agreement. For
purposes of this subsection (f), the term "costs and
expenses" may include, without limitation, (i) direct and
indirect costs and expenses for labor, services, equipment,
materials, insurance and other risk management costs,
interest and other financing charges, and taxes or fees in
lieu of taxes; (ii) payments to or required by the United
States, the State of Illinois or any agency or department
thereof, the Central Midwest Interstate Low-Level Radioactive
Waste Compact, and subject to the provisions of this Act, any
unit of local government; (iii) amortization of capitalized
costs with respect to the disposal facility and its
development, including any capitalized reserves; and (iv)
payments with respect to reserves, accounts, escrows or trust
funds required by law or otherwise provided for under the
operating agreement.
(g) (Blank).
(h) (Blank)..
(i) (Blank)..
(j) (Blank).
(j-5) Prior to commencement of facility operations, the
Department shall adopt rules providing for the establishment
and collection of fees and charges with respect to the use of
the disposal facility as provided in subsection (f) of this
Section.
(k) The regional disposal facility shall be subject to
ad valorem real estate taxes lawfully imposed by units of
local government and school districts with jurisdiction over
the facility. No other local government tax, surtax, fee or
other charge on activities at the regional disposal facility
shall be allowed except as authorized by the Department.
(l) The Department shall have the power, in the event
that acceptance of waste for disposal at the regional
disposal facility is suspended, delayed or interrupted, to
impose emergency fees on the generators of low-level
radioactive waste. Generators shall pay emergency fees within
30 days of receipt of notice of the emergency fees. The
Department shall deposit all of the receipts of any fees
collected under this subsection into the Low-Level
Radioactive Waste Facility Development and Operation Fund
created under subsection (b) of Section 14. Emergency fees
may be used to mitigate the impacts of the suspension or
interruption of acceptance of waste for disposal. The
requirements for rulemaking in the Illinois Administrative
Procedure Act shall not apply to the imposition of emergency
fees under this subsection.
(m) The Department shall promulgate any other rules and
regulations as may be necessary to implement this Section.
(Source: P.A. 90-29, eff. 6-26-97; revised 8-6-97.)
(420 ILCS 20/19) (from Ch. 111 1/2, par. 241-19)
Sec. 19. Agreement State Status. The Governor, on
behalf of this State, is authorized to enter into agreements
with the federal government providing for discontinuance of
certain of the federal government's responsibilities with
respect to low level waste disposal.
In accordance with P.L. 86-373, Section 274b of the
Atomic Energy Act, and the Notice, published in the Federal
Register, Vol. 46, No. 15, January 23, 1981, (7540-7546)
"Criteria for Guidance of States and NRC in Discontinuance of
NRC Regulatory Authority and Assumption thereof by States
through Agreement", the Governor is hereby authorized to
enter into Full or Limited Agreement State Status for Low
Level Waste Disposal with the federal government for
regulatory authority over radioactive byproduct, source and
special nuclear material as defined in Section 11e(1) and
Section 11e(2) of the Atomic Energy Act.
(Source: P.A. 83-991; revised 7-7-97.)
Section 139. The Radiation Protection Act of 1990 is
amended by changing Sections 15 and 35 as follows:
(420 ILCS 40/15) (from Ch. 111 1/2, par. 210-15)
Sec. 15. Radiologic Technologist Accreditation Advisory
Board.
(a) There shall be created a Radiologic Technologist
Accreditation Advisory Board consisting of 13 members to be
appointed by the Governor on the basis of demonstrated
interest in and capacity to further the purposes of this Act:
one physician licensed to practice medicine in all its
branches specializing in nuclear medicine; one physician
licensed to practice medicine in all its branches
specializing in diagnostic radiology; one physician licensed
to practice medicine in all its branches specializing in
therapeutic radiology; 3 physicians licensed to practice
medicine in all its branches who do does not specialize in
radiology; one medical radiation physicist; one radiologic
technologist (radiography); one radiologic technologist
(nuclear medicine); one radiologic technologist (therapy);
one chiropractor; one person accredited by the Department to
perform a limited scope of diagnostic radiography procedures;
and one registered nurse. The Director of the Department of
Nuclear Safety or his representative shall be an ex officio
member of the Board with voting privileges in case of a tie.
The Board may appoint consultants to assist in administering
this Act.
(b) Any person serving on the Board who is a
practitioner of a profession or occupation required to be
accredited pursuant to this Act, shall be the holder of an
appropriate accreditation issued by the State, except in the
case of the initial Board members.
(c) Members of the Board shall be appointed for 3 year
terms, except that of the initial members, the terms of 5
shall expire at the end of the first year, 5 at the end of
the second year, and 3 at the end of the third year. Any
member appointed to fill a vacancy occurring prior to the
expiration of the term for which his predecessor was
appointed shall be appointed for the remainder of such term.
No more than 2 successive terms shall be served by a Board
member.
(d) The Chairman of the Board shall be selected by and
from the Board membership.
(e) The Board members shall serve without compensation
but shall be reimbursed for their actual expenses incurred in
line of duty.
(f) All members of the Board shall be legal residents of
the State and shall have practiced for a minimum period of 2
years immediately preceding appointment.
(g) The Board shall meet at least once a year, and at
other times on the call of the Chairman or by a majority of
the Board membership.
(h) The Board shall advise, consult with and make
recommendations to the Department with respect to
accreditation requirements to be promulgated by the
Department; however, the actions of the Board shall be
advisory only with respect to the Department.
(i) Individuals who serve on advisory boards of the
Department of Nuclear Safety shall be defended by the
Attorney General and indemnified for all actions alleging a
violation of any duty arising within the scope of their
service on such advisory board. Nothing contained herein
shall be deemed to afford defense or indemnification for any
willful or wanton violation of law. Such defense and
indemnification shall be afforded in accordance with the
terms and provisions of "An Act to provide for representation
and indemnification in certain civil lawsuits", approved
December 3, 1977.
(Source: P.A. 86-1341; revised 12-18-97.)
(420 ILCS 40/35) (from Ch. 111 1/2, par. 210-35)
Sec. 35. Radiation Protection Fund.
(a) All moneys received by the Department under this Act
shall be deposited in the State Treasury and shall be set
apart in a special fund to be known as the "Radiation
Protection Fund". All monies within the Radiation Protection
Fund shall be invested by the State Treasurer in accordance
with established investment practices. Interest earned by
such investment shall be returned to the Radiation Protection
Fund. Monies deposited in this Fund shall be expended by the
Director pursuant to appropriation only to support the
activities of the Department under this Act and as provided
in the Laser System Act of 1997 and the Radon Industry
Licensing Act.
(b) On August 15, the effective date of this amendatory
Act of 1997, all moneys remaining in the Federal Facilities
Compliance Fund shall be transferred to the Radiation
Protection Fund.
(Source: P.A. 90-209, eff. 7-25-97; 90-262, eff. 7-30-97;
90-391, eff. 8-15-97; revised 11-25-97.)
Section 140. The Space Heating Safety Act is amended by
changing Sections 6 and 8 as follows:
(425 ILCS 65/6) (from Ch. 127 1/2, par. 706)
Sec. 6. Advertising of kerosene for use in approved
portable kerosene heaters.
(a) All persons who offer kerosene for sale within this
State must post a conspicuous notice visible visable to all
purchasers at the place of sale in letters at least 3 inches
in height, stating whether the kerosene being sold from the
storage facility is graded a 1-k or 2-k as defined by the
American Society for Testing and Materials.
(b) All persons who offer kerosene graded 2-k for sale
within this State must post conspicuously the following
notice, in letters at least 3 inches in height, near the
kerosene storage tank, and next to or immediately below any
listing or prices for the kerosene: "This is grade 2-k
kerosene and it is not to be used in portable unvented
kerosene heaters".
(Source: P.A. 84-834; revised 7-7-97.)
(425 ILCS 65/8) (from Ch. 127 1/2, par. 708)
Sec. 8. Regulation of use in multifamily dwellings. The
use of approved kerosene fueled heaters shall be permitted in
a multifamily dwelling in accordance with the following
requirements if:
(i) The owner or his designated agent shall have
received an authorized permit from the local fire and
building authority or the State Fire Marshal.
(ii) A central storage area must be provided for the
kerosene containers, wherein all containers must be stored,
and all refueling of the kerosene heaters must take place.
The storage area shall abide by the standards listed in
National Fire Protection Association (NFPA) No. Thirty,
(1984), Chapter Four "Container and Portable Tank Storage".
Such storage area, if under the same roof as the multifamily
dwelling, may not have a door opening into the interior of
the multifamily dwelling. The storage area must be equipped
with both a fire extinguisher meeting the standards listed in
NFPA No. Thirty, (1984), Chapter Four "Container and Portable
Tank Storage", and smoke detection equipment meeting the
requirements of NFPA No. Seventy-four (1984).
(iii) If the central storage area is not under the same
roof as the multifamily dwelling, the area must meet the
standards of the local fire and building authority or the
standards established in NFPA No. Thirty (1984), Chapter
Four, (1984), "Container and Portable Tank Storage". The
central storage area must be equipped with a fire
extinguisher described in subsection (ii) of this Section.
(iv) No more than 60 gallons of kerosene fuel may be
stored at any time within a central storage area under the
same roof as a multifamily dwelling. No more than 250
gallons of kerosene fuel may be stored in a central storage
area not under the same roof as the multifamily dwelling.
(v) In no event may an inhabitant of a multifamily
dwelling keep kerosene fuel stored within the living quarters
or common area of such entrances and hallways except for fuel
contained within the tank of the kerosene heater which cannot
be stored or kept in entrances or hallways.
(vi) No other combustible items or volatiles including,
but not limited to, items such as paint, paint thinner,
naphtha naptha, gasoline, diesel fuel, turpentine or items
with a flash point below 140 degrees Fahrenheit, may be
stored in the same central storage area used for kerosene
storage.
(Source: P.A. 84-834; revised 7-7-97.)
Section 141. The Illinois Hazardous Materials
Transportation Act is amended by changing Section 11.1 as
follows:
(430 ILCS 30/11.1) (from Ch. 95 1/2, par. 700-11.1)
Sec. 11.1. (a) Notwithstanding any provision of law to
the contrary, no person who provides assistance or advice in
mitigating or attempting to mitigate the effects of an actual
or threatened discharge of hazardous materials, or in
preventing, cleaning up, or disposing of or in attempting to
prevent, clean up, or dispose of any such discharge, shall be
subject to civil liability or civil penalties of any type
growing out of such assistance or advice.
(b) The immunities provided in subsection (a) of this
Section shall not apply to any person:
1. whose act or omission caused in whole or in part
such actual or threatened discharge and who would
otherwise be liable therefor; or
2. who receives compensation, other than
reimbursement for out-of-pocket expenses, for services in
rendering such assistance or advice.
(c) Nothing contained in subsection (a) of this Section
shall be construed to limit or otherwise affect the liability
of any person for damages resulting from such person's gross
negligence, or from such person's persons's reckless, wanton,
or intentional misconduct.
(d) This Section shall not apply to hazardous waste as
defined in the "Environmental Protection Act", approved June
29, 1970, as amended.
(Source: P.A. 83-684; revised 7-7-97.)
Section 142. The Firearm Owners Identification Card Act
is amended by changing Section 8 as follows:
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
Sec. 8. The Department of State Police has authority to
deny an application for or to revoke and seize a Firearm
Owner's Identification Card previously issued under this Act
only if the Department finds that the applicant or the person
to whom such card was issued is or was at the time of
issuance:
(a) A person under 21 years of age who has been
convicted of a misdemeanor other than a traffic offense or
adjudged delinquent;
(b) A person under 21 years of age who does not have the
written consent of his parent or guardian to acquire and
possess firearms and firearm ammunition, or whose parent or
guardian has revoked such written consent, or where such
parent or guardian does not qualify to have a Firearm Owner's
Identification Card;
(c) A person convicted of a felony under the laws of
this or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental
institution within the past 5 years;
(f) A person whose mental condition is of such a nature
that it poses a clear and present danger to the applicant,
any other person or persons or the community;
For the purposes of this Section, "mental condition"
means a state of mind manifested by violent, suicidal,
threatening or assaultive behavior.
(g) A person who is mentally retarded;
(h) A person who intentionally makes a false statement
in the Firearm Owner's Identification Card application;
(i) An alien who is unlawfully present in the United
States under the laws of the United States;
(j) A person who is subject to an existing order of
protection prohibiting him or her from possessing a firearm;
(k) A person who has been convicted within the past 5
years of battery, assault, aggravated assault, violation of
an order of protection, or a substantially similar offense in
another jurisdiction, in which a firearm was used or
possessed; or
(l) A person who has been convicted of domestic battery
or a substantially similar offense in another jurisdiction
committed on or after January 1, 1998; the effective date of
this amendatory Act of 1997; or
(m) A person who has been convicted within the past 5
years of domestic battery or a substantially similar offense
in another jurisdiction committed before January 1, 1998; or
the effective date of this amendatory Act of 1997.
(n) (l) A person who is prohibited from acquiring or
possessing firearms or firearm ammunition by any Illinois
State statute or by federal law.
(Source: P.A. 89-367, eff. 1-1-96; 90-130, eff. 1-1-98;
90-493, eff. 1-1-98; revised 11-17-97.)
Section 143. The Beef Market Development Act is amended
by changing Section 1 as follows:
(505 ILCS 25/1) (from Ch. 5, par. 1401)
Sec. 1. Legislative Legislature intent. The legislature
intends by this Act: to promote the growth of the cattle
industry in Illinois, to assure the State and American public
an adequate and wholesome food supply and to provide for the
general economic welfare of both producers and consumers of
beef and the State of Illinois; and to provide the beef
cattle production and feeding industry of this State with
authority to establish a self-financed, self-governed program
to help develop, maintain and expand the State, national and
foreign markets for beef and beef products produced,
processed or manufactured in this State.
(Source: P.A. 83-84; revised 12-18-97.)
Section 144. The Illinois Pseudorabies Control Act is
amended by changing Section 7 as follows:
(510 ILCS 90/7) (from Ch. 8, par. 807)
Sec. 7. The Department of Agriculture is authorized to
cooperate with the United States Department of Agriculture in
the control of pseudorabies in swine in this State.
The Department may recognize areas, both within and
outside of the State, as pseudorabies free or low prevalence
prevalance areas in accordance with the recommendations of
the National Pseudorabies Control Board or any other
nationally recognized plan.
(Source: P.A. 86-231; revised 7-7-97.)
Section 145. The Fish and Aquatic Life Code is amended
by changing Section 15-32 as follows:
(515 ILCS 5/15-32) (from Ch. 56, par. 15-32)
Sec. 15-32. Yellow perch and bloater chub; commercial
licenses.
(a) The Department shall issue 5 commercial licenses for
taking yellow perch and bloater chub. Five licenses shall be
issued for the fishing year that began April 1, 1992, and the
Department shall issue licenses from time to time so that 5
valid licenses are always outstanding at any one time. All
licenses issued under this Section shall be valid for a
period of 3 years. The catch limits established by the
Department for the taking of yellow perch and bloater chub
shall be the same for all active licensees.
(b) Each commercial commerical license for the 1992
fishing year and thereafter shall be issued as follows:
(1) As to all individuals or corporations who held
valid licenses as of April 1, 1992, the licenses shall
remain in force and effect.
(2) Thereafter, licenses shall be issued as
necessary to reach and maintain a total of 5 outstanding
licenses as follows:
(A) First, to any individual or corporation as
described in Section 15-5 who was licensed through a
harvest contract pursuant to the public lottery
drawing conducted by the Director on June 27, 1975,
but such individual or corporation did not hold a
valid commercial commerical license, for whatever
reason, on April 1, 1992; provided, that the
contractor shall have served any stated period of
any license suspension or revocation established by
an order of the Director. Among those individuals or
corporations that meet the criteria under this item
(A), priority shall be given to the individual or
corporation that has been without a valid commercial
commerical license for the longest period of time.
(B) Second, to any other individual or
corporate entrant who had his specific name drawn in
the public lottery drawing conducted by the Director
on June 27, 1975, but was not licensed as a harvest
contractor at that time or thereafter.
(C) Third, if there are insufficient license
applicants available at the beginning of any fishing
year who meet the requirements for licensure under
this Section for the Director to issue 5 licenses,
the Director shall order and conduct a new public
lottery drawing before the commencement of the
fishing year and shall draw the his applicant list
from a roster of qualified operators.
(Source: P.A. 87-869; revised 7-7-97.)
Section 146. The Wildlife Code is amended by changing
Section 2.26 as follows:
(520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
Sec. 2.26. Any person attempting to take deer shall
first obtain a "Deer Hunting Permit" in accordance with
prescribed regulations set forth in an Administrative Rule.
Deer Hunting Permits shall be issued by the Department. The
fee for a Deer Hunting Permit to take deer with either bow
and arrow or gun shall not exceed $15.00 for residents of the
State. The Department may by administrative rule provide for
non-resident deer hunting permits for which the fee will not
exceed $100 except as provided below for non-resident
landowners. Permits shall be issued without charge to:
(a) Illinois landowners residing in Illinois who
own at least 40 acres of Illinois land and wish to hunt
their land only,
(b) resident tenants of at least 40 acres of
commercial agricultural land where they will hunt, and
(c) shareholders of a corporation which owns at
least 40 acres of land in a county in Illinois who wish
to hunt on the corporation's land only. One permit shall
be issued without charge to one shareholder for each 40
acres of land owned by the corporation in a county;
however, the number of permits issued without charge to
shareholders of any corporation in any county shall not
exceed 15.
Bona fide landowners or tenants who do not wish to hunt
only on the land they own, rent or lease or shareholders who
do not wish to hunt only on the land owned by the corporation
shall be charged the same fee as the applicant who is not a
landowner, tenant or shareholder. Nonresidents of Illinois
who own at least 40 acres of land and wish to hunt on their
land only shall be charged a fee set by administrative rule.
The method for obtaining these permits shall be prescribed by
administrative rule.
The deer hunting permit issued without fee shall be valid
on all farm lands which the person to whom it is issued owns,
leases or rents, except that in the case of a permit issued
to a shareholder, the permit shall be valid on all lands
owned by the corporation in the county.
The Department may set aside, in accordance with the
prescribed regulations set forth in an administrative rule of
the Department, a limited number of Deer Hunting Permits to
be available to persons providing evidence of a contractual
arrangement to hunt on properties controlled by a bona fide
Illinois outfitter. The number of available permits shall be
based on a percentage of unfilled permits remaining after the
previous year's lottery. Eligible outfitters shall be those
having membership in, and accreditation conferred by, a
professional association of outfitters approved by the
Department. The association shall be responsible for setting
professional standards and codes of conduct for its
membership, subject to Departmental approval. In addition to
the fee normally charged for resident and nonresident
permits, a reservation fee not to exceed $200 shall be
charged to the outfitter for each permit set aside in
accordance with this Act. The reservation fee shall be
deposited into the Wildlife and Fish Fund.
The standards and specifications for use of guns and bow
and arrow for deer hunting shall be established by
administrative rule.
No person may have in his possession any firearm not
authorized by administrative rule for a specific hunting
season when taking deer.
Persons having a firearm deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to sunset, and only during those days for
which an open season is established for the taking of deer by
use of shotgun or muzzle loading rifle.
Persons having an archery deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to 1/2 hour after sunset, and only during
those days for which an open season is established for the
taking of deer by use of bow and arrow.
It shall be unlawful for any person to take deer by use
of dogs, horses, automobiles, aircraft or other vehicles, or
by the use of salt or bait of any kind. An area is
considered as baited during the presence of and for 10
consecutive days following the removal of bait.
It shall be unlawful to possess or transport any wild
deer which has been injured or killed in any manner upon a
public highway or public right-of-way of this State unless
exempted by administrative rule.
Persons hunting deer must have gun unloaded and no bow
and arrow device shall be carried with the arrow in the
nocked position during hours when deer hunting is unlawful.
It shall be unlawful for any person, having taken the
legal limit of deer by gun, to further participate with gun
in any deer hunting party.
It shall be unlawful for any person, having taken the
legal limit of deer by bow and arrow, to further participate
with bow and arrow in any deer hunting party.
The Department may prohibit upland game hunting during
the gun deer season by administrative rule.
It shall be legal for handicapped persons, as defined in
Section 2.33, to utilize a crossbow device, as defined in
Department rules, to take deer.
Any person who violates any of the provisions of this
Section, including administrative rules, shall be guilty of a
Class B misdemeanor.
(Source: P.A. 89-715, eff. 2-21-97; 90-225, eff. 7-25-97;
90-490, eff. 8-17-97; revised 10-23-97.)
Section 147. The Illinois Highway Code is amended by
changing Sections 6-207 and 6-512 as follows:
(605 ILCS 5/6-207) (from Ch. 121, par. 6-207)
Sec. 6-207. Compensation of highway commissioner and
other officers.
(a) Unless an annual salary is fixed as provided in this
Section, the highway commissioner shall receive for each day
he or she is necessarily employed in the discharge of
official duties a per diem to be fixed by the county board in
road districts in counties not under township organization,
by the highway board of trustees in consolidated township
road districts, and by the board of town trustees in
districts composed of a single township. Before any per diem
is paid, a sworn statement shall be filed by the commissioner
in the office of the district clerk, showing the number of
days the commissioner was employed, the kind of employment,
and the dates of employment.
The boards specified in the preceding paragraph may,
instead of a per diem, fix an annual salary for the highway
commissioner at not less than $3,000, to be paid in equal
monthly installments. The boards shall fix the compensation
of the commissioner, whether an annual salary or a per diem,
on or before the last Tuesday in March before the date of
election of the commissioner.
If the term of any highway commissioner is extended by
operation of law, the board that fixes the commissioner's
rate of compensation may increase the rate of the
compensation, within the limits provided in this Section, in
relation to that portion of the commissioner's term that
extends beyond the period for which he or she was elected.
The board of town trustees shall order payment of the
amount of per diem claimed in the highway commissioner's
sworn statement at the first regular meeting following the
filing of the statement. In consolidated township road
districts, the compensation and the expenses of the offices
of the highway commissioner, district clerk, and district
treasurer shall be audited by the highway board of trustees.
The compensation of the highway commissioner shall be
paid from the general township fund in districts comprised of
a single township and shall be paid from the regular road
fund in all other districts having highway commissioners;
however, in districts comprised of a single township, a
portion (not exceeding 50%) of the highway commissioner's
salary may be paid from the corporate road and bridge fund or
the permanent road fund if approved by the township board and
the highway commissioner.
(b) The officers composing the highway board of trustees
in consolidated township road districts shall be entitled to
$3 per day for attending meetings of the board, to be paid
out of the town fund of their respective townships. In
consolidated township road districts, the compensation of the
district clerk and the district treasurer shall be paid out
of the road fund of the district.
(c) The district clerk shall receive:
(1) for each day he or she is necessarily employed
in the discharge of official duties, a per diem to be
fixed by the county board in road districts in counties
not under township organization and by the highway board
of trustees in consolidated township road districts; or
(2) $4 per day for each day he or she shall be
required to meet with the highway commissioner and the
same amount per day for the time he or she shall be
employed in canvassing the returns of elections. The
district clerk shall receive no other per diem. In
addition to the above, the district clerk shall also
receive fees for the following services, to be paid out
of the district road fund, except where otherwise
specified:
(A) For serving notice of election or
appointment upon district officers as required by
this Code, 25 cents each.
(B) For posting up notices required by law, 25
cents each.
(C) For copying any record in the district
clerk's office and certifying to the copy, 10 cents
for every 100 words, to be paid by the person
applying for the certified copy.
(d) Except as otherwise provided in this Code, the
district treasurer shall, in addition to any other
compensation to which he or she is by law entitled, receive
an annual salary of not less than $100 nor more than $1,000
per year to be fixed by the highway board of trustees in
consolidated township road districts and by the board of town
trustees in districts composed of a single township.
Except as otherwise provided in this Code, the district
treasurer shall, in addition to any other compensation to
which he or she is by law entitled, receive an annual salary
deemed appropriate and to be fixed by the county board in
road districts in counties not under township organization.
The compensation of the district treasurer shall be paid
from the general township fund in districts composed of a
single township and shall be paid from the regular road fund
in all other districts having district treasurers.
(Source: P.A. 89-662, eff. 8-14-96; 90-81, eff. 1-1-98;
90-183, eff. 1-1-98; revised 11-17-97.)
(605 ILCS 5/6-512) (from Ch. 121, par. 6-512)
Sec. 6-512. For the purpose of constructing, maintaining
and repairing county unit district roads, bridges and
drainage structures and the acquisition, maintenance, housing
and repair of machinery and equipment, the county board, in
any county in which a county unit road district is
established, may levy annual separate taxes upon all taxable
property of the county to be known as the "County Unit Road
District Road Tax" and the "County Unit Road District Bridge
Tax". Such taxes shall be levied and collected as other
county taxes, but the road district taxes shall be in
addition to the maximum of all other county taxes which the
county is now or may hereafter be authorized by law to levy.
The tax levies authorized in this Section shall not be
extended in counties having less than 1,000,000 inhabitants
at a rate in excess of .165% for the road tax, unless the
maximum rate has been increased as provided in Section
6-512.1, and .05% for the bridge tax, both figures based on
the value of all the taxable property within the county, as
equalized or assessed by the Department of Revenue, or .01%
in counties having 1,000,000 or more inhabitants, of the
value, as equalized or assessed by the Department of Revenue,
of all taxable property within the county; however, 1/2 of
the County Unit Road District Road tax levied under this
Section, on property lying within a municipality in which the
streets and alleys are under the care of the municipality,
shall, when collected, be paid over to the treasurer of the
municipality to be appropriated to the improvement of roads,
streets and bridges therein. In determining the amount of
tax necessary to be raised and levied, the county board shall
state separately the several amounts to be raised and levied
for the construction of roads, the construction and
maintenance of bridges and drainage structures, the purchase
of machinery, the repair of machinery, the oiling of roads
and the prevention and extirpation of weeds.
All tax moneys collected as a result of the levies
authorized by this Section shall be deposited in in a
separate county unit road district accounts known,
respectively, as the "county unit road district road fund"
and the "county unit road district bridge and drainage fund".
The county treasurer shall be custodian of these funds, but
the road district funds shall be maintained separate and
apart from the general county fund.
(Source: P.A. 81-1509; revised 12-18-97.)
Section 148. The Illinois Waterway Act is amended by
changing Section 18 as follows:
(615 ILCS 10/18) (from Ch. 19, par. 96)
Sec. 18. In the construction of such waterway through the
City of Joliet, the elevation of the water surface at normal
stage shall not be higher at Granite Street than minus 40.5
forty and five tenths (40-5/10) Chicago city datum, and in
the event that the shoal reach between the upper basin of the
Illinois and Michigan Canal and the crossing of the Elgin,
Joliet and Eastern Railway is deepened 2 two feet or more,
then than the elevation of the water surface at normal stage
shall not be higher at Granite Street than minus 41 forty-one
Chicago city datum, and the channel through said city shall
not be less than 270 two hundred and seventy feet in width
between Spring Street on the north and Lafayette Street on
the south. Any dams constructed in connection with and for
the maintenance of this pool of water shall be of such design
as to quickly dispose of all flood waters. Adequate
intercepting sewers shall be constructed of sufficient size
and at such depth as will provide outlets not only for the
present sewers that may be interfered with by the
construction of such waterway, but also of sufficient size
and depth to take care of all the watershed tributary to the
Des Plaines DesPlaines River that may be interfered with by
changing the water levels through the City of Joliet. The
Department of Natural Resources is authorized to utilize such
riparian rights of the Sanitary District of Chicago in,
through and near the City of Joliet and along the Des Plaines
DesPlaines River in the County of Will as, in its judgment,
may be found necessary for the construction, maintenance and
operation of such waterway, or for the development of water
power in connection therewith, and the Department of Natural
Resources shall not be required to make compensation to such
Sanitary District for the right so utilized, except that the
Department of Natural Resources shall reimburse such Sanitary
District for any expense to which it may be put as a result
of such act of the Department of Natural Resources in the
maintenance and operation of such Sanitary District channel.
The Sanitary District of Chicago shall not be deprived of
access to such waterway over any walls or embankments
constructed, or of the enjoyment of dockage rights in
connection with any property it has acquired or owns, subject
only to the use of such property by the Department of Natural
Resources for waterway and power purposes.
(Source: P.A. 89-445, eff. 2-7-96; revised 7-11-97.)
Section 149. The Illinois and Michigan Canal Management
Act is amended by changing Section 2 as follows:
(615 ILCS 30/2) (from Ch. 19, par. 9)
Sec. 2. Nothing in this Act contained shall be construed
to repeal or affect any of the provisions of the Metropolitan
Water Reclamation District Act an act entitled, "An act to
create Sanitary Districts and to remove obstructions in the
DesPlaines and Illinois rivers," approved May 29, 1889, in
force July 1, 1889, or any Act amendatory thereof.
(Source: Laws 1899, p. 82; revised 7-7-97.)
Section 150. The Des Plaines and Illinois Rivers Act is
amended by changing Section 1 as follows:
(615 ILCS 60/1) (from Ch. 19, par. 41)
Sec. 1. The Des Plaines DesPlaines and Illinois rivers
throughout their courses from and below the water power plant
of the main channel of the Sanitary District of Chicago in
the township of Lockport, at or near Lockport, in the county
of Will, are hereby recognized as and are hereby declared to
be navigable streams; and it is made the special duty of the
Governor and of the Attorney General Attorney-General to
prevent the erection of any structure in or across said
streams without explicit authority from the General Assembly;
and the Governor and Attorney General Attorney-General are
hereby authorized and directed to take the necessary legal
action or actions to remove all and every obstruction now
existing in said rivers that in any wise interferes with the
intent and purpose of this Act.
(Source: P.A. 84-1308; revised 7-11-97.)
Section 151. The Airport Zoning Act is amended by
changing Section 19 as follows:
(620 ILCS 25/19) (from Ch. 15 1/2, par. 48.19)
Sec. 19. Notice and hearing for adoption of zoning
regulations. No airport zoning regulations shall be adopted,
amended, or changed under this Act except by action of the
Department, or by action of the legislative body of the
political subdivision in question, or by action of the joint
board provided for in Section 14, after a public hearing in
relation thereto, at which parties in interest and citizens
shall have an opportunity to be heard. Notice of the hearing
shall be published at least once not more than 30 nor less
than 15 days before the hearing in a newspaper of general
circulation circulations, in the political subdivision or
subdivisions in which is located, wholly or partly, the
airport hazard area to be zoned, or, if no newspaper is
generally circulated in any such political subdivision, then
in a newspaper of general circulation in the county in which
such political subdivision is located.
(Source: Laws 1951, p. 988; revised 7-7-97.)
Section 152. The County Airports Act is amended by
changing Sections 45 and 61 as follows:
(620 ILCS 50/45) (from Ch. 15 1/2, par. 149)
Sec. 45. The county board shall consider for election to
the Commission, only those persons whose names are presented
by the county clerk. The county clerk shall present to the
county board as candidates the names of all persons who have
been nominated in the following manner: For whom a petition
signed by 2% two percent of the voters of such county or by
10% of the membership of the county board, or both, has been
filed 48 forty-eight hours prior to the convening of the
county board meeting, provided such petition states that the
person nominated is a candidate for election as a county
board member, an Aviation member or a Non-Aviation member.
The county board shall proceed by roll call vote to elect
the members of the Commission. Voting on county board members
of the Commission shall not be joined with the voting for
non-county board members of the Commission, nor "Aviation"
with "Non-Aviation" members. No person shall be eligible to
serve as a member of the Commission unless he has
individually been elected by a majority of the members of the
county board present at said meeting, whether voting or not
voting.
(Source: Laws 1945, p. 594; revised 12-18-97.)
(620 ILCS 50/61) (from Ch. 15 1/2, par. 165)
Sec. 61. If the resolution adopted by the county board
or by petition, provides for the issuance of revenue bonds or
other evidence of indebtedness, the retirement of the
principal thereof and the interest thereon, to be
accomplished from sources other than direct county taxes, the
county board shall issue and sell such amounts of such bonds
or other evidences of indebtedness as the Commission shall
determine and certify, from time to time as being necessary
to provide the means for accomplishing the purposes for which
such bonds or other evidences of indebtedness are is to be
issued as set forth in said resolution. Such bonds or other
evidence of indebtedness shall be issued in conformity to the
requirements and provisions of the said resolution
authorizing such issuance. The principal of such bonds or
other evidences of indebtedness shall be discharged within
thirty years after the date of the adoption of said
resolution. Such bonds or other evidences of indebtedness
shall bear interest, payable semi-annually, at a rate not to
exceed that permitted in "An Act to authorize public
corporations to issue bonds, other evidences of indebtedness
and tax anticipation warrants subject to interest rate
limitations set forth therein", approved May 26, 1970, as now
or hereafter amended. The proceeds from the sale of each
issue of bonds shall be deposited in the county treasury and
identified as "County Airports Revenue Bond Fund No. ....."
Such proceeds shall be used only for the purposes stated in
the said resolution and as specified in the certificate of
the Commission as in this section provided. All such revenue
bonds and other evidences of indebtedness shall not, in any
event, constitute or be deemed an indebtedness of the county
within the meaning of any constitutional provisions or
statutory limitations as to debt, and it shall be so stated
plainly on the face of each such bond or other evidence of
indebtedness.
(Source: P.A. 82-902; revised 12-18-97.)
Section 153. The Illinois Vehicle Code is amended by
changing Sections 1-197.5, 1-201, 2-123, 3-104, 3-112, 3-201,
3-412, 4-304, 6-206, 6-301.2, 6-507, 7-309, 11-208, 11-209,
11-501, 12-215, 12-601, 12-603, 15-107, 15-108, 15-111,
15-301, 16-102.5, 18b-105, 18c-3203, 18c-6302, and 18c-7503
and by setting forth and renumbering multiple versions of
Sections 3-639 and 11-1301.5 as follows:
(625 ILCS 5/1-197.5) (from Ch. 95 1/2, par. 1-203.1)
Sec. 1-197.5. Statutory summary alcohol or other drug
related suspension of driver's privileges. The withdrawal by
the circuit court of a person's license or privilege to
operate a motor vehicle on the public highways for the
periods provided in Section 6-208.1. Reinstatement after the
suspension period shall occur after all appropriate fees have
been paid, unless the court notifies the Secretary of State
that the person should be disqualified. The bases for this
withdrawal of driving privileges shall be the individual's
refusal to submit to or failure to complete a chemical test
or tests following an arrest for the offense of driving under
the influence of alcohol or other drugs, or both, or
submission to such a test or tests indicating an alcohol
concentration of 0.08 or more as provided in Section 11-501.1
of this Code.
(Source: P.A. 90-89, eff. 1-1-98; incorporates 90-43, eff.
7-2-97; revised 10-8-97.)
(625 ILCS 5/1-201) (from Ch. 95 1/2, par. 1-201)
Sec. 1-201. Street. The entire width between boundary
lines of every way everyway publicly maintained, when any
part thereof is open to the use of the public for purposes of
vehicular travel.
(Source: P.A. 76-1586; revised 7-7-97.)
(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
Sec. 2-123. Sale and Distribution of Information.
(a) Except as otherwise provided in this Section, the
Secretary may make the driver's license, vehicle and title
registration lists, in part or in whole, and any statistical
information derived from these lists available to local
governments, elected state officials, state educational
institutions, public libraries and all other governmental
units of the State and Federal Government requesting them for
governmental purposes. The Secretary shall require any such
applicant for services to pay for the costs of furnishing
such services and the use of the equipment involved, and in
addition is empowered to establish prices and charges for the
services so furnished and for the use of the electronic
equipment utilized.
(b) The Secretary is further empowered to and he may, in
his discretion, furnish to any applicant, other than listed
in subsection (a) of this Section, vehicle or driver data on
a computer tape, disk, or printout at a fixed fee of $200 in
advance and require in addition a further sufficient deposit
based upon the Secretary of State's estimate of the total
cost of the information requested and a charge of $20 per
1,000 units or part thereof identified or the actual cost,
whichever is greater. The Secretary is authorized to refund
any difference between the additional deposit and the actual
cost of the request. This service shall not be in lieu of an
abstract of a driver's record nor of a title or registration
search. The information sold pursuant to this subsection
shall be the entire vehicle or driver data list, or part
thereof.
(c) Secretary of State may issue registration lists.
The Secretary of State shall compile and publish, at least
annually, a list of all registered vehicles. Each list of
registered vehicles shall be arranged serially according to
the registration numbers assigned to registered vehicles and
shall contain in addition the names and addresses of
registered owners and a brief description of each vehicle
including the serial or other identifying number thereof.
Such compilation may be in such form as in the discretion of
the Secretary of State may seem best for the purposes
intended.
(d) The Secretary of State shall furnish no more than 2
current available lists of such registrations to the sheriffs
of all counties and to the chiefs of police of all cities and
villages and towns of 2,000 population and over in this State
at no cost. Additional copies may be purchased at the fee of
$400 each or at the cost of producing the list as determined
by the Secretary of State.
(e) The Secretary of State shall upon written request
and the payment of the fee of $400 furnish the current
available list of such motor vehicle registrations to any
person so long as the supply of available registration lists
shall last.
(e-1) Commercial purchasers of driver and vehicle record
databases shall enter into a written agreement with the
Secretary of State that includes disclosure of the commercial
use of the intended purchase. Affected drivers, vehicle
owners, or registrants may request that their personally
identifiable information not be used for commercial
solicitation purposes.
(f) Title or registration search and certification
thereof - Fee. The Secretary of State shall make a title or
registration search of the records of his office and a
written report on the same for any person, upon written
application of such person, accompanied by a fee of $4 for
each registration or title search. No fee shall be charged
for a title or registration search, or for the certification
thereof requested by a government agency.
The Secretary of State shall certify a title or
registration record upon written request. The fee for
certification shall be $4 in addition to the fee required for
a title or registration search. Certification shall be made
under the signature of the Secretary of State and shall be
authenticated by Seal of the Secretary of State.
The Secretary of State may notify the vehicle owner or
registrant of the request for purchase of his title or
registration information as the Secretary deems appropriate.
The vehicle owner or registrant residence address and
other personally identifiable information on the record shall
not be disclosed. This nondisclosure shall not apply to
requests made by law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, other business
entities for purposes consistent with the Illinois Vehicle
Code, the vehicle owner or registrant, or other entities as
the Secretary may exempt by rule and regulation. This
information may be withheld from the entities listed above,
except law enforcement and government agencies upon
presentation of a valid court order of protection for the
duration of the order.
No information shall be released to the requestor until
expiration of a 10 day period. This 10 day period shall not
apply to requests for information made by law enforcement
officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated
businesses, persons licensed as a private detective or firms
licensed as a private detective agency under the Private
Detective, Private Alarm, and Private Security Act of 1983,
who are employed by or are acting on behalf of law
enforcement officials, government agencies, financial
institutions, attorneys, insurers, employers, automobile
associated businesses, and other business entities for
purposes consistent with the Illinois Vehicle Code, the
vehicle owner or registrant or other entities as the
Secretary may exempt by rule and regulation.
Any misrepresentation made by a requestor of title or
vehicle information shall be punishable as a petty offense,
except in the case of persons licensed as a private detective
or firms licensed as a private detective agency which shall
be subject to disciplinary sanctions under Section 22 or 25
of the Private Detective, Private Alarm, and Private Security
Act of 1983.
(g) 1. The Secretary of State may, upon receipt of a
written request and a fee of $5, furnish to the person or
agency so requesting a driver's record. Such document
may include a record of: current driver's license
issuance information, except that the information on
judicial driving permits shall be available only as
otherwise provided by this Code; convictions; orders
entered revoking, suspending or cancelling a driver's
license or privilege; and notations of accident
involvement. All other information, unless otherwise
permitted by this Code, shall remain confidential.
2. The Secretary of State may certify an abstract
of a driver's record upon written request therefor.
Such certification shall be made under the signature of
the Secretary of State and shall be authenticated by the
Seal of his office.
3. All requests for driving record information
shall be made in a manner prescribed by the Secretary.
The Secretary of State may notify the affected
driver of the request for purchase of his driver's record
as the Secretary deems appropriate.
The affected driver residence address and other
personally identifiable information on the record shall
not be disclosed. This nondisclosure shall not apply to
requests made by law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, other
business entities for purposes consistent with the
Illinois Vehicle Code, the affected driver, or other
entities as the Secretary may exempt by rule and
regulation. This information may be withheld from the
entities listed above, except law enforcement and
government agencies, upon presentation of a valid court
order of protection for the duration of the order.
No information shall be released to the requester
until expiration of a 10 day period. This 10 day period
shall not apply to requests for information made by law
enforcement officials, government agencies, financial
institutions, attorneys, insurers, employers, automobile
associated businesses, persons licensed as a private
detective or firms licensed as a private detective agency
under the Private Detective, Private Alarm, and Private
Security Act of 1983, who are employed by or are acting
on behalf of law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, and other
business entities for purposes consistent with the
Illinois Vehicle Code, the affected driver or other
entities as the Secretary may exempt by rule and
regulation.
Any misrepresentation made by a requestor of driver
information shall be punishable as a petty offense,
except in the case of persons licensed as a private
detective or firms licensed as a private detective agency
which shall be subject to disciplinary sanctions under
Section 22 or 25 of the Private Detective, Private Alarm,
and Private Security Act of 1983.
4. The Secretary of State may furnish without fee,
upon the written request of a law enforcement agency, any
information from a driver's record on file with the
Secretary of State when such information is required in
the enforcement of this Code or any other law relating to
the operation of motor vehicles, including records of
dispositions; documented information involving the use of
a motor vehicle; whether such individual has, or
previously had, a driver's license; and the address and
personal description as reflected on said driver's
record.
5. Except as otherwise provided in this Section,
the Secretary of State may furnish, without fee,
information from an individual driver's record on file,
if a written request therefor is submitted by any public
transit system or authority, public defender, law
enforcement agency, a state or federal agency, or an
Illinois local intergovernmental association, if the
request is for the purpose of a background check of
applicants for employment with the requesting agency, or
for the purpose of an official investigation conducted by
the agency, or to determine a current address for the
driver so public funds can be recovered or paid to the
driver, or for any other lawful purpose.
The Secretary may also furnish the courts a copy of
an abstract of a driver's record, without fee, subsequent
to an arrest for a violation of Section 11-501 or a
similar provision of a local ordinance. Such abstract
may include records of dispositions; documented
information involving the use of a motor vehicle as
contained in the current file; whether such individual
has, or previously had, a driver's license; and the
address and personal description as reflected on said
driver's record.
6. Any certified abstract issued by the Secretary
of State or transmitted electronically by the Secretary
of State pursuant to this Section, to a court or on
request of a law enforcement agency, for the record of a
named person as to the status of the person's driver's
license shall be prima facie evidence of the facts
therein stated and if the name appearing in such abstract
is the same as that of a person named in an information
or warrant, such abstract shall be prima facie evidence
that the person named in such information or warrant is
the same person as the person named in such abstract and
shall be admissible for any prosecution under this Code
and be admitted as proof of any prior conviction or proof
of records, notices, or orders recorded on individual
driving records maintained by the Secretary of State.
7. Subject to any restrictions contained in the
Juvenile Court Act of 1987, and upon receipt of a proper
request and a fee of $5, the Secretary of State shall
provide a driver's record to the affected driver, or the
affected driver's attorney, upon verification. Such
record shall contain all the information referred to in
paragraph 1 of this subsection (g) plus: any recorded
accident involvement as a driver; information recorded
pursuant to subsection (e) of Section 6-117 and paragraph
4 of subsection (a) of Section 6-204 of this Code. All
other information, unless otherwise permitted by this
Code, shall remain confidential.
(h) The Secretary shall not disclose social security
numbers except pursuant to a written request by, or with the
prior written consent of, the individual except to: (1)
officers and employees of the Secretary who have a need to
know the social security numbers in performance of their
official duties, (2) law enforcement officials for a lawful,
civil or criminal law enforcement investigation, and if the
head of the law enforcement agency has made a written request
to the Secretary specifying the law enforcement investigation
for which the social security numbers are being sought, (3)
the United States Department of Transportation, or any other
State, pursuant to the administration and enforcement of the
Commercial Motor Vehicle Safety Act of 1986, (4) pursuant to
the order of a court of competent jurisdiction, or (5) the
Department of Public Aid for utilization in the child support
enforcement duties assigned to that Department under
provisions of the Public Aid Code after the individual has
received advanced meaningful notification of what
redisclosure is sought by the Secretary in accordance with
the federal Privacy Act; provided, the redisclosure shall not
be authorized by the Secretary prior to September 30, 1992.
(i) The Secretary of State is empowered to promulgate
rules and regulations to effectuate this Section.
(j) Medical statements or medical reports received in
the Secretary of State's Office shall be confidential. No
confidential information may be open to public inspection or
the contents disclosed to anyone, except officers and
employees of the Secretary who have a need to know the
information contained in the medical reports and the Driver
License Medical Advisory Board, unless so directed by an
order of a court of competent jurisdiction.
(k) All fees collected under this Section shall be paid
into the Road Fund of the State Treasury, except that $3 of
the $5 fee for a driver's record shall be paid into the
Secretary of State Special Services Fund.
(l) The Secretary of State shall report his
recommendations to the General Assembly by January 1, 1993,
regarding the sale and dissemination of the information
maintained by the Secretary, including the sale of lists of
driver and vehicle records.
(m) Notations of accident involvement that may be
disclosed under this Section shall not include notations
relating to damage to a vehicle or other property being
transported by a tow truck. This information shall remain
confidential, provided that nothing in this subsection (m)
shall limit disclosure of any notification of accident
involvement to any law enforcement agency or official.
(n) (m) Requests made by the news media for driver's
license, vehicle, or title registration information may be
furnished without charge or at a reduced charge, as
determined by the Secretary, when the specific purpose for
requesting the documents is deemed to be in the public
interest. Waiver or reduction of the fee is in the public
interest if the principal purpose of the request is to access
and disseminate information regarding the health, safety, and
welfare or the legal rights of the general public and is not
for the principal purpose of gaining a personal or commercial
benefit.
(Source: P.A. 89-503, eff. 7-1-96; 90-144, eff. 7-23-97;
90-330, eff. 8-8-97; 90-400, eff. 8-15-97; revised 10-27-97.)
(625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
Sec. 3-104. Application for certificate of title.
(a) The application for a certificate of title for a
vehicle in this State must be made by the owner to the
Secretary of State on the form prescribed and must contain:
1. The name, Illinois residence and mail address of
the owner;
2. A description of the vehicle including, so far
as the following data exists: Its make, year-model,
identifying number, type of body, whether new or used, as
to house trailers as defined in Section 1-128 of this
Code, the square footage of the house trailer based upon
the outside dimensions of the house trailer excluding the
length of the tongue and hitch, and, as to vehicles of
the second division, whether for-hire, not-for-hire, or
both for-hire and not-for-hire;
3. The date of purchase by applicant and, if
applicable, the name and address of the person from whom
the vehicle was acquired and the names and addresses of
any lienholders in the order of their priority and
signatures of owners;
4. The current odometer reading at the time of
transfer and that the stated odometer reading is one of
the following: actual mileage, not the actual mileage or
mileage is in excess of its mechanical limits; and
5. Any further information the Secretary of State
reasonably requires to identify the vehicle and to enable
him to determine whether the owner is entitled to a
certificate of title and the existence or nonexistence of
security interests in the vehicle.
(b) If the application refers to a vehicle purchased
from a dealer, it must also be signed by the dealer as well
as the owner, and the dealer must promptly mail or deliver
the application and required documents to the Secretary of
State.
(c) If the application refers to a vehicle last
previously registered in another State or country, the
application must contain or be accompanied by:
1. Any certified document of ownership so
recognized and issued by the other State or country and
acceptable to the Secretary of State, and
2. Any other information and documents the
Secretary of State reasonably requires to establish the
ownership of the vehicle and the existence or
nonexistence of security interests in it.
(d) If the application refers to a new vehicle it must
be accompanied by the Manufacturer's Statement of Origin, or
other documents as required and acceptable by the Secretary
of State, with such assignments as may be necessary to show
title in the applicant.
(e) If an application refers to a vehicle rebuilt from a
vehicle previously salvaged, that application shall comply
with the provisions set forth in Sections 3-302 through 3-304
of this Code.
(f) An application for a certificate of title for any
vehicle, whether purchased in Illinois or outside Illinois,
and even if previously registered in another State, must be
accompanied by either an exemption determination from the
Department of Revenue showing that no tax imposed pursuant to
the Use Tax Act or the vehicle use tax imposed by Section
3-1001 of the Illinois Vehicle Code is owed by anyone with
respect to that vehicle, or a receipt from the Department of
Revenue showing that any tax so imposed has been paid. An
application for a certificate of title for any vehicle
purchased outside Illinois, even if previously registered in
another state, must be accompanied by either an exemption
determination from the Department of Revenue showing that no
tax imposed pursuant to the Municipal Use Tax Act or the
County Use Tax Act is owed by anyone with respect to that
vehicle, or a receipt from the Department of Revenue showing
that any tax so imposed has been paid. In the absence of
such a receipt for payment or determination of exemption from
the Department, no certificate of title shall be issued to
the applicant.
If the proof of payment of the tax or of nonliability
therefor is, after the issuance of the certificate of title
and display certificate of title, found to be invalid, the
Secretary of State shall revoke the certificate and require
that the certificate of title and, when applicable, the
display certificate of title be returned to him.
(g) If the application refers to a vehicle not
manufactured in accordance with federal safety and emission
standards, the application must be accompanied by all
documents required by federal governmental agencies to meet
their standards before a vehicle is allowed to be issued
title and registration.
(h) If the application refers to a vehicle sold at
public sale by a sheriff, it must be accompanied by the
required fee and a bill of sale issued and signed by a
sheriff. The bill of sale must identify the new owner's name
and address, the year model, make and vehicle identification
number of the vehicle, court order document number
authorizing such sale, if applicable, and the name and
address of any lienholders in order of priority, if
applicable.
(i) If the application refers to a vehicle for which a
court of law determined the ownership, it must be accompanied
with a certified copy of such court order and the required
fee. The court order must indicate the new owner's name and
address, the complete description of the vehicle, if known,
the name and address of the lienholder, if any, and must be
signed and dated by the judge issuing such order.
(j) If the application refers to a vehicle sold at
public auction pursuant to the Labor and Storage Lien (Small
Amount) Act, it must be accompanied by an affidavit or
affirmation furnished by the Secretary of State along with
the documents described in the affidavit or affirmation and
the required fee.
(Source: P.A. 90-212, eff. 1-1-98; 90-422, eff. 8-15-97;
revised 10-30-97.)
(625 ILCS 5/3-112) (from Ch. 95 1/2, par. 3-112)
Sec. 3-112. Transfer.
(a) If an owner transfers his interest in a vehicle,
other than by the creation of a security interest, at the
time of the delivery of the vehicle he shall execute to the
transferee an assignment and warranty of title in the space
provided on the certificate of title, or as the Secretary of
State prescribes, and cause the certificate and assignment to
be mailed or delivered to the transferee or to the Secretary
of State.
If the vehicle is subject to a tax under the Mobile Home
Local Services Tax Act in a county with a population of less
than 3,000,000, the owner shall also provide to the
transferee a certification by the treasurer of the county in
which the vehicle is situated that all taxes imposed upon the
vehicle for the years the owner was the actual titleholder of
the vehicle have been paid. The transferee shall be liable
only for the taxes he or she incurred while he or she was the
actual titleholder of the mobile home. The county treasurer
shall refund any amount of taxes paid by the transferee that
were imposed in years when the transferee was not the actual
titleholder. The provisions of this amendatory Act of 1997
(P.A. 90-542) apply retroactively to January 1, 1996. In no
event may the county treasurer refund amounts paid by the
transferee during any year except the 10 years immediately
preceding the year in which the refund is made. If the owner
is a licensed dealer who has purchased the vehicle and is
holding it for resale, in lieu of acquiring a certification
from the county treasurer he shall forward the certification
received from the previous owner to the next buyer of the
vehicle. The owner shall cause the certification to be
mailed or delivered to the Secretary of State with the
certificate of title and assignment.
(b) Except as provided in Section 3-113, the transferee
shall, promptly and within 20 days after delivery to him of
the vehicle and the assigned title, execute the application
for a new certificate of title in the space provided therefor
on the certificate or as the Secretary of State prescribes,
and cause the certificate and application to be mailed or
delivered to the Secretary of State.
(c) Upon request of the owner or transferee, a
lienholder in possession of the certificate of title shall,
unless the transfer was a breach of his security agreement,
either deliver the certificate to the transferee for delivery
to the Secretary of State or, upon receipt from the
transferee of the owner's assignment, the transferee's
application for a new certificate and the required fee, mail
or deliver them to the Secretary of State. The delivery of
the certificate does not affect the rights of the lienholder
under his security agreement.
(d) If a security interest is reserved or created at the
time of the transfer, the certificate of title shall be
retained by or delivered to the person who becomes the
lienholder, and the parties shall comply with the provisions
of Section 3-203.
(e) Except as provided in Section 3-113 and as between
the parties, a transfer by an owner is not effective until
the provisions of this Section and Section 3-115 have been
complied with; however, an owner who has delivered possession
of the vehicle to the transferee and has complied with the
provisions of this Section and Section 3-115 requiring action
by him as not liable as owner for any damages thereafter
resulting from operation of the vehicle.
(f) The Secretary of State shall not process any
application for a transfer of an interest in a vehicle if any
fees or taxes due under this Act from the transferor or the
transferee have not been paid upon reasonable notice and
demand.
(g) If the Secretary of State receives an application
for transfer of a vehicle subject to a tax under the Mobil
Home Local Services Tax Act in a county with a population of
less than 3,000,000, such application must be accompanied by
the required certification by the county treasurer or tax
assessor authorizing the issuance of the title.
(Source: P.A. 90-212, eff. 1-1-98; 90-542, eff. 12-1-97;
revised 1-6-98.)
(625 ILCS 5/3-201) (from Ch. 95 1/2, par. 3-201)
Sec. 3-201. Excepted liens and security interests.
This Article does not apply to or affect:
(a) A lien given by statute or rule of law to a supplier
of services or materials for the vehicle;
(b) A lien given by the statute to the United States,
this State or any political subdivision of this State, except
liens on trailer coaches and mobile homes for public
assistance, as provided in Section 3-12 (now repealed) 3-15
of "the Illinois Public Aid Code", enacted by the 75th
General Assembly.
(c) A security interest in a vehicle created by a
manufacturer or dealer who holds the vehicle for sale, but a
buyer in the ordinary course of trade from the manufacturer
or dealer takes free of the security interest.
(Source: P.A. 76-1586; revised 12-18-97.)
(625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
Sec. 3-412. Registration plates and registration
stickers to be furnished by the Secretary of State.
(a) The Secretary of State upon registering a vehicle
subject to annual registration for the first time shall
issue or shall cause to be issued to the owner one
registration plate for a motorcycle, trailer, semitrailer,
motorized pedalcycle or truck-tractor, 2 registration plates
for other motor vehicles and, where applicable, current
registration stickers for motor vehicles of the first
division. The provisions of this Section may be made
applicable to such vehicles of the second division, as the
Secretary of State may, from time to time, in his discretion
designate. On subsequent annual registrations during the term
of the registration plate as provided in Section 3-414.1, the
Secretary shall issue or cause to be issued registration
stickers as evidence of current registration. However, the
issuance of annual registration stickers to vehicles
registered under the provisions of Section 3-402.1 of this
Code may not be required if the Secretary deems the issuance
unnecessary.
(b) Every registration plate shall have displayed upon
it the registration number assigned to the vehicle for which
it is issued, the name of this State, which may be
abbreviated, the year number for which it was issued, which
may be abbreviated, the phrase "Land of Lincoln", except as
provided in Sections 3-626, 3-629, 3-633, 3-634, 3-637, and
3-638, and 3-642 3-639, and such other letters or numbers as
the Secretary may prescribe. However, for apportionment
plates issued to vehicles registered under Section 3-402.1,
the phrase "Land of Lincoln" may be omitted to allow for the
word "apportioned" to be displayed. The Secretary may in his
discretion prescribe that letters be used as prefixes only on
registration plates issued to vehicles of the first division
which are registered under this Code and only as suffixes on
registration plates issued to other vehicles. Every
registration sticker issued as evidence of current
registration shall designate the year number for which it is
issued and such other letters or numbers as the Secretary may
prescribe and shall be of a contrasting color with the
registration plates and registration stickers of the previous
year.
(c) Each registration plate and the required letters and
numerals thereon, except the year number for which issued,
shall be of sufficient size to be plainly readable from a
distance of 100 feet during daylight, and shall be coated
with reflectorizing material. The dimensions of the plate
issued to vehicles of the first division shall be 6 by 12
inches.
(d) The Secretary of State shall issue for every
passenger motor vehicle rented without a driver the same type
of registration plates as the type of plates issued for a
private passenger vehicle.
(e) The Secretary of State shall issue for every
passenger car used as a taxicab or livery, distinctive
registration plates.
(f) The Secretary of State shall issue for every
motorcycle distinctive registration plates distinguishing
between motorcycles having 150 or more cubic centimeters
piston displacement, or having less than 150 cubic centimeter
piston displacement.
(g) Registration plates issued to vehicles for-hire may
display a designation as determined by the Secretary that
such vehicles are for-hire.
(h) The Secretary of State shall issue for each electric
vehicle distinctive registration plates which shall
distinguish between electric vehicles having a maximum
operating speed of 45 miles per hour or more and those having
a maximum operating speed of less than 45 miles per hour.
(i) The Secretary of State shall issue for every public
and private ambulance registration plates identifying the
vehicle as an ambulance. The Secretary shall forward to the
Department of Public Aid registration information for the
purpose of verification of claims filed with the Department
by ambulance owners for payment for services to public
assistance recipients.
(j) The Secretary of State shall issue for every public
and private medical carrier or rescue vehicle livery
registration plates displaying numbers within ranges of
numbers reserved respectively for medical carriers and rescue
vehicles. The Secretary shall forward to the Department of
Public Aid registration information for the purpose of
verification of claims filed with the Department by owners of
medical carriers or rescue vehicles for payment for services
to public assistance recipients.
(Source: P.A. 89-424, eff. 6-1-96; 89-564, eff. 7-1-97;
89-612, eff. 8-9-96; 89-621, eff. 1-1-97; 89-639, eff.
1-1-97; 90-14, eff. 7-1-97; 90-533, eff. 11-14-97; revised
1-6-98.)
(625 ILCS 5/3-639)
Sec. 3-639. Special registration plate for a president
of a village or incorporated town or mayor.
(a) The Secretary, upon receipt of all applicable fees
and applications made in the form prescribed by the
Secretary, may issue special registration plates to
presidents of villages and incorporated towns and mayors.
The special plates issued under this Section shall be
affixed only to passenger vehicles of the first division or
motor vehicles of the second division weighing not more than
8,000 pounds.
Plates issued under this Section shall expire according
to the multi-year procedure established by Section 3-414.1 of
this Code.
(b) The design and color of the special plates shall be
wholly within the discretion of the Secretary. Appropriate
documentation, as determined by the Secretary, shall
accompany each application.
(c) An applicant for the special plate shall be charged
a $15 fee for original issuance in addition to the
appropriate registration fee. This additional fee shall be
deposited into the Secretary of State Special License Plate
Fund, to be used by the Secretary to help defray the
administrative processing costs.
For each registration renewal period, a $2 fee, in
addition to the appropriate registration fee, shall be
charged. This additional fee shall be deposited into the
Secretary of State Special License Plate Fund.
(Source: P.A. 90-527, eff. 11-13-97.)
(625 ILCS 5/3-641)
Sec. 3-641. 3-639. Deceased police officer or
firefighter plates.
(a) The Secretary, upon receipt of all applicable fees
and applications made in the form prescribed by the
Secretary, may issue special registration plates to the
surviving spouse or, if no spouse exists, the parents of a
police officer or firefighter who has died in the line of
duty in this State. The special plates issued pursuant to
this Section shall be affixed only to passenger vehicles of
the first division or motor vehicles of the second division
weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according
to the multi-year procedure established by Section 3-414.1 of
this Code.
(b) The design and color of the special plates shall be
wholly within the discretion of the Secretary. Appropriate
documentation, as determined by the Secretary, shall
accompany each application.
(c) An applicant for the special plate shall be charged
a $15 fee for original issuance in addition to the
appropriate registration fee. This additional fee shall be
deposited into the Secretary of State Special License Plate
Fund, to be used by the Secretary to help defray the
administrative processing costs.
For each registration renewal period, a $2 fee, in
addition to the appropriate registration fee, shall be
charged. This additional fee shall be deposited into the
Secretary of State Special License Plate Fund.
(Source: P.A. 90-530, eff. 1-1-98; revised 1-6-98.)
(625 ILCS 5/3-642)
Sec. 3-642. 3-639. Silver Star plates.
(a) The Secretary, upon receipt of all applicable fees
and applications made in the form prescribed by the
Secretary, may issue special registration plates to residents
of Illinois who have been awarded the Silver Star by the
United States Armed Forces. The special plate issued under
this Section shall be affixed only to passenger vehicles of
the first division or motor vehicles of the second division
weighing not more than 8,000 pounds. Plates issued under this
Section shall expire according to the staggered multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary. The Secretary
may, in his or her discretion, allow the plates to be issued
as vanity plates or personalized in accordance with Section
3-405.1 of this Code. The plates are not required to
designate "Land Of Lincoln", as prescribed in subsection (b)
of Section 3-412 of this Code. The Secretary shall prescribe
the eligibility requirements and, in his or her discretion,
shall approve and prescribe stickers or decals as provided
under Section 3-412.
(c) An applicant shall be charged a $15 fee for original
issuance in addition to the appropriate registration fee.
This additional fee shall be deposited into the Secretary
of State Special License Plate Fund. For each registration
renewal period, a $2 fee, in addition to the appropriate
registration fee, shall be charged and deposited into the
Secretary of State Special License Plate Fund.
(Source: P.A. 90-533, eff. 11-14-97; revised 1-6-98.)
(625 ILCS 5/4-304) (from Ch. 95 1/2, par. 4-304)
Sec. 4-304. Implementation and administration of policy.
The Board shall consider and adopt such programs as are
designed to implement and administer the policies
hereinbefore expressed and within the appropriations provided
for by the General Assembly.
In adopting such programs, the Board shall take into
consideration the programs of the federal government in the
same field, so as to assure full coordination therewith and
that the State of Illinois does not duplicate federal actions
and programs. The programs to be considered by the Board
shall in addition be designed to:
1. Effect the efficient removal of abandoned vehicles
from the highways, streets, roads, other public property, as
well as from private property within Illinois;
2. Effect the efficient removal of abandoned and
derelict vehicles from private property to be junked,
salvaged, recycled, or reclaimed, to wrecking, recycling or
salvaging facilities, or to a temporary impoundment or area
collection center;
3. Effect efficient recycling or scrap processing of
retired vehicles and the salvaging of usable parts;
4. Permit the restoration of antique and historic
vehicles by private persons or agencies;
5. Work with other State agencies to effect the
efficient and effective recycling of solid and liquid motor
vehicle waste, including motor vehicle drain oil, derived in
the recycling of a motor vehicle.
6. Recoup the costs of removal and disposal of abandoned
and derelict vehicles from vehicle owners, land owners and
persons who abandon or discard such vehicles and from other
suitable sources.
7. Promote and publicize individual responsibility of
vehicle owners for their personal disposal of unwanted and
discarded vehicles and develop an effective promotional
campaign to show owners how to properly dispose of such
vehicles; and the legal consequences of not doing so.
8. Provide State coordination, expertise and assistance
to all local units of government, as needed, seeking
legislative remedy where appropriate regarding: vehicle
detitling procedure; impoundment time periods; the legal
restrictions unnecessarily delaying vehicle disposal; and,
to promote and advance the technology, growth and development
of the legitimate auto recycling industry to the end that
this industry can effectively recycle all vehicles annually
retired and accumulated in Illinois with a minimum of
assistance from the State or its subdivisions.
The Board is empowered to negotiate and enter into
reciprocal agreements with other states and State and federal
agencies, in furtherance of the provisions of this Act, as
amended; provided, however, that no such reciprocal agreement
may be entered into without the approval and authorization of
the State body legally required to approve such agreements.
The Board shall make rules, regulations and by-laws, not
inconsistent with this Act or of any other law of this State,
as to its own organization and conduct and for the
implementation and administration of this Act.
The Board is further empowered to enter into an agreement
with any State agency represented on the Board, to carry out
the administration of the abandoned and derelict vehicle
abatement program of the Board, and to make such funds
available as may be found necessary by the Board, as
appropriated by the General Assembly.
(Source: P.A. 84-470; revised 12-18-97.)
(625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without
preliminary hearing upon a showing of the person's records or
other sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required
upon conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in
motor vehicle collisions or has been repeatedly convicted
of offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in death
or injury requiring immediate professional treatment in a
medical facility or doctor's office to any person, except
that any suspension or revocation imposed by the
Secretary of State under the provisions of this
subsection shall start no later than 6 months after being
convicted of violating a law or ordinance regulating the
movement of traffic, which violation is related to the
accident, or shall start not more than one year after the
date of the accident, whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an
examination provided for by Section 6-207 or has failed
to pass the examination;
8. Is ineligible for a driver's license or permit
under the provisions of Section 6-103;
9. Has made a false statement or knowingly
concealed a material fact or has used false information
or identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of
this State when the person's driving privilege or
privilege to obtain a driver's license or permit was
revoked or suspended unless the operation was authorized
by a judicial driving permit, probationary license to
drive, or a restricted driving permit issued under this
Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services
of another person to submit to any portion of the
application process for the purpose of obtaining a
license, identification card, or permit for some other
person;
13. Has operated a motor vehicle upon a highway of
this State when the person's driver's license or permit
was invalid under the provisions of Sections 6-107.1 and
6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
14B of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of
the Criminal Code of 1961 relating to criminal trespass
to vehicles in which case, the suspension shall be for
one year;
16. Has been convicted of violating Section 11-204
of this Code relating to fleeing from a police officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the
person has not sought a hearing as provided for in
Section 11-501.1;
18. Has, since issuance of a driver's license or
permit, been adjudged to be afflicted with or suffering
from any mental disability or disease;
19. Has committed a violation of paragraph (a) or
(b) of Section 6-101 relating to driving without a
driver's license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402
of this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1
of the Criminal Code of 1961 relating to unlawful use of
weapons, in which case the suspension shall be for one
year;
23. Has, as a driver, been convicted of committing
a violation of paragraph (a) of Section 11-502 of this
Code for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or
punished by non-judicial punishment by military
authorities of the United States at a military
installation in Illinois of or for a traffic related
offense that is the same as or similar to an offense
specified under Section 6-205 or 6-206 of this Code;
25. Has permitted any form of identification to be
used by another in the application process in order to
obtain or attempt to obtain a license, identification
card, or permit;
26. Has altered or attempted to alter a license or
has possessed an altered license, identification card, or
permit;
27. Has violated Section 6-16 of the Liquor Control
Act of 1934;
28. Has been convicted of the illegal possession,
while operating or in actual physical control, as a
driver, of a motor vehicle, of any controlled substance
prohibited under the Illinois Controlled Substances Act
or any cannabis prohibited under the provisions of the
Cannabis Control Act, in which case the person's driving
privileges shall be suspended for one year, and any
driver who is convicted of a second or subsequent
offense, within 5 years of a previous conviction, for the
illegal possession, while operating or in actual physical
control, as a driver, of a motor vehicle, of any
controlled substance prohibited under the provisions of
the Illinois Controlled Substances Act or any cannabis
prohibited under the Cannabis Control Act shall be
suspended for 5 years. Any defendant found guilty of this
offense while operating a motor vehicle, shall have an
entry made in the court record by the presiding judge
that this offense did occur while the defendant was
operating a motor vehicle and order the clerk of the
court to report the violation to the Secretary of State;
29. Has been convicted of the following offenses
that were committed while the person was operating or in
actual physical control, as a driver, of a motor vehicle:
criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual assault,
criminal sexual abuse, aggravated criminal sexual abuse,
juvenile pimping, soliciting for a juvenile prostitute
and the manufacture, sale or delivery of controlled
substances or instruments used for illegal drug use or
abuse in which case the driver's driving privileges shall
be suspended for one year;
30. Has been convicted a second or subsequent time
for any combination of the offenses named in paragraph 29
of this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 or has submitted to a test resulting in
an alcohol concentration of 0.08 or more or any amount of
a drug, substance, or compound resulting from the
unlawful use or consumption of cannabis as listed in the
Cannabis Control Act or a controlled substance as listed
in the Illinois Controlled Substances Act in which case
the penalty shall be as prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 relating to the aggravated
discharge of a firearm if the offender was located in a
motor vehicle at the time the firearm was discharged, in
which case the suspension shall be for 3 years;
33. Has as a driver, who was less than 21 years of
age on the date of the offense, been convicted a first
time of a violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance; or
34. Has committed a violation of Section 11-1301.5
of this Code; or
35. Has committed a violation of Section 11-1301.6
of this Code; or.
36. 34. Is under the age of 21 years at the time of
arrest and has been convicted of not less than 2
offenses against traffic regulations governing the
movement of vehicles committed within any 24 month
period. No revocation or suspension shall be entered
more than 6 months after the date of last conviction.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's
license, any traffic ticket issued when the person's driver's
license is deposited in lieu of bail, a suspension notice
issued by the Secretary of State, a duplicate or corrected
driver's license, a probationary driver's license or a
temporary driver's license.
(b) If any conviction forming the basis of a suspension
or revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be,
provided that a certified copy of a stay order of a court is
filed with the Secretary of State. If the conviction is
affirmed on appeal, the date of the conviction shall relate
back to the time the original judgment of conviction was
entered and the 6 month limitation prescribed shall not
apply.
(c) 1. Upon suspending or revoking the driver's license
or permit of any person as authorized in this Section,
the Secretary of State shall immediately notify the
person in writing of the revocation or suspension. The
notice to be deposited in the United States mail, postage
prepaid, to the last known address of the person.
2. If the Secretary of State suspends the driver's
license of a person under subsection 2 of paragraph (a)
of this Section, a person's privilege to operate a
vehicle as an occupation shall not be suspended, provided
an affidavit is properly completed, the appropriate fee
received, and a permit issued prior to the effective date
of the suspension, unless 5 offenses were committed, at
least 2 of which occurred while operating a commercial
vehicle in connection with the driver's regular
occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must
submit the affidavit on forms to be provided by the
Secretary of State setting forth the facts of the
person's occupation. The affidavit shall also state the
number of offenses committed while operating a vehicle in
connection with the driver's regular occupation. The
affidavit shall be accompanied by the driver's license.
Upon receipt of a properly completed affidavit, the
Secretary of State shall issue the driver a permit to
operate a vehicle in connection with the driver's regular
occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended
as set forth in the notice that was mailed under this
Section. If an affidavit is received subsequent to the
effective date of this suspension, a permit may be issued
for the remainder of the suspension period.
The provisions of this subparagraph shall not apply
to any driver required to obtain a commercial driver's
license under Section 6-507 during the period of a
disqualification of commercial driving privileges under
Section 6-514.
Any person who falsely states any fact in the
affidavit required herein shall be guilty of perjury
under Section 6-302 and upon conviction thereof shall
have all driving privileges revoked without further
rights.
3. At the conclusion of a hearing under Section
2-118 of this Code, the Secretary of State shall either
rescind or continue an order of revocation or shall
substitute an order of suspension; or, good cause
appearing therefor, rescind, continue, change, or extend
the order of suspension. If the Secretary of State does
not rescind the order, the Secretary may upon
application, to relieve undue hardship, issue a
restricted driving permit granting the privilege of
driving a motor vehicle between the petitioner's
residence and petitioner's place of employment or within
the scope of his employment related duties, or to allow
transportation for the petitioner, or a household member
of the petitioner's family, to receive necessary medical
care and if the professional evaluation indicates,
provide transportation for alcohol remedial or
rehabilitative activity, or for the petitioner to attend
classes, as a student, in an accredited educational
institution; if the petitioner is able to demonstrate
that no alternative means of transportation is reasonably
available and the petitioner will not endanger the public
safety or welfare. In each case the Secretary may issue a
restricted driving permit for a period deemed
appropriate, except that all permits shall expire within
one year from the date of issuance. A restricted driving
permit issued under this Section shall be subject to
cancellation, revocation, and suspension by the Secretary
of State in like manner and for like cause as a driver's
license issued under this Code may be cancelled, revoked,
or suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for
the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may, as
a condition to the issuance of a restricted driving
permit, require the applicant to participate in a
designated driver remedial or rehabilitative program. The
Secretary of State is authorized to cancel a restricted
driving permit if the permit holder does not successfully
complete the program.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
under the age of 18 years whose driver's license or permit
has been suspended pursuant to any of the provisions of this
Section, require the applicant to participate in a driver
remedial education course and be retested under Section 6-109
of this Code.
(d) This Section is subject to the provisions of the
Drivers License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff.
1-1-98; 90-369, eff. 1-1-98; revised 10-28-97.)
(625 ILCS 5/6-301.2) (from Ch. 95 1/2, par. 6-301.2)
Sec. 6-301.2. Fraudulent driver's license or permit.
(a) (Blank). or permit-making or permit or permit or
permit
(b) It is a violation of this Section for any person:
1. To knowingly possess any fraudulent driver's
license or permit;
2. To knowingly possess, display or cause to be
displayed any fraudulent driver's license or permit for
the purpose of obtaining any account, credit, credit card
or debit card from a bank, financial institution or
retail mercantile establishment;
3. To knowingly possess any fraudulent driver's
license or permit with the intent to commit a theft,
deception or credit or debit card fraud in violation of
any law of this State or any law of any other
jurisdiction;
4. To knowingly possess any fraudulent driver's
license or permit with the intent to commit any other
violation of any laws of this State or any law of any
other jurisdiction for which a sentence to a term of
imprisonment in a penitentiary for one year or more is
provided;
5. To knowingly possess any fraudulent driver's
license or permit while in unauthorized possession of any
document, instrument or device capable of defrauding
another;
6. To knowingly possess any fraudulent driver's
license or permit with the intent to use the license or
permit to acquire any other identification document;
7. To knowingly possess without authority any
driver's license-making or permit-making implement;
8. To knowingly possess any stolen driver's
license-making or permit-making implement;
9. To knowingly duplicate, manufacture, sell or
transfer any fraudulent driver's license or permit;
10. To advertise or distribute any information or
materials that promote the selling, giving, or furnishing
of a fraudulent driver's license or permit.
(c) Sentence.
1. Any person convicted of a violation of paragraph
1 of subsection (b) of this Section shall be guilty of a
Class 4 felony and shall be sentenced to a minimum fine
of $500 or 50 hours of community service, preferably at
an alcohol abuse prevention program, if available.
2. Any person convicted of a violation of any of
paragraphs 2 through 9 of subsection (b) of this Section
shall be guilty of a Class 4 felony. A person convicted
of a second or subsequent violation shall be guilty of a
Class 3 felony.
3. Any person convicted of a violation of paragraph
10 of subsection (b) of this Section shall be guilty of a
Class B misdemeanor.
(d) This Section does not prohibit any lawfully
authorized investigative, protective, law enforcement or
other activity of any agency of the United States, State of
Illinois or any other state or political subdivision thereof.
(e) The Secretary may request the Attorney General to
seek a restraining order in the circuit court against any
person who violates this Section by advertising fraudulent
driver's licenses or permits.
(Source: P.A. 89-283, eff. 1-1-96; 90-89, eff. 1-1-98;
90-191, eff. 1-1-98; revised 10-8-97.)
(625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
Sec. 6-507. Commercial Driver's License (CDL) Required.
(a) Except as expressly permitted by this UCDLA, or when
driving pursuant to the issuance of a commercial driver
instruction permit and accompanied by the holder of a CDL
valid for the vehicle being driven; no person shall drive a
commercial motor vehicle on the highways unless the person
has been issued, and is in the immediate possession of, a CDL
bearing all applicable endorsements valid for type or
classification of the commercial vehicle being driven.
(b) Except as otherwise provided by this Code, no person
may drive a commercial motor vehicle on the highways while
such person's driving privilege, license or permit is:
(1) Suspended, revoked, cancelled, or subject to
disqualification. Any person convicted of violating this
provision or a similar provision of this or any other
state shall have their driving privileges revoked under
paragraph 12 of subsection (a) of Section 6-205 of this
Code.
(2) Subject to or in violation of an
"out-of-service" order. Any person who has been issued a
CDL and is convicted of violating this provision or a
similar provision of any other state shall be
disqualified from operating a commercial motor vehicle
under subsection (i) of Section 6-514 of this Code.
(3) Subject to or in violation of an "out of
service" order and while transporting passengers or
hazardous materials. Any person who has been issued a
CDL and is convicted of violating this provision or a
similar provision of this or any other state shall be
disqualified from operating a commercial motor vehicle
under subsection (i) of Section 6-514 of this Code.
(c) Pursuant to the options provided to the States by
FHWA Docket No. MC-88-8, the driver of any motor vehicle
controlled or operated by or for a farmer is waived from the
requirements of this Section, when such motor vehicle is
being used to transport: agricultural products; implements
of husbandry; or farm supplies; as long as such movement is
not over 150 air miles from the originating farm. This
waiver does not apply to the driver of any motor vehicle
being used in a common or contract carrier type operation.
However, for those drivers of any truck-tractor semitrailer
combination or combinations registered under subsection (c)
of Section 3-815 of this Code, this waiver shall apply only
when the driver is a farmer or a member of the farmer's
family and the driver is 21 years of age or more and has
successfully completed any tests the Secretary of State deems
necessary.
In addition, the farmer or a member of the farmer's
family who operates a truck-tractor semitrailer combination
or combinations pursuant to this waiver shall be granted all
of the rights and shall be subject to all of the duties and
restrictions with respect to Sections 6-514 and 6-515 of this
Code applicable to the driver who possesses a commercial
driver's license issued under this Code, except that the
driver shall not be subject to any additional duties or
restrictions contained in Part 382 of the Federal Motor
Carrier Safety Regulations that are not otherwise imposed
under Section 6-514 or 6-515 of this Code.
For purposes of this subsection (c), a member of the
farmer's family is a natural or in-law spouse, child, parent,
or sibling.
(c-5) An employee of a township or road district with a
population of less than 3,000 operating a vehicle within the
boundaries of the township or road district for the purpose
of removing snow or ice from a roadway by plowing, sanding,
or salting is waived from the requirements of this Section
when the employee is needed to operate the vehicle because
the employee of the township or road district who ordinarily
operates the vehicle and who has a commercial driver's
license is unable to operate the vehicle or is in need of
additional assistance due to a snow emergency.
(d) Any person convicted of violating this Section,
shall be guilty of a Class A misdemeanor.
(e) Any person convicted of violating paragraph (b) of
this Section, shall have all driving privileges revoked by
the Secretary of State.
(f) This Section shall not apply to:
(1) A person who currently holds a valid Illinois
driver's license, for the type of vehicle being operated,
until the expiration of such license or April 1, 1992,
whichever is earlier; or
(2) A non-Illinois domiciliary who is properly
licensed in another State, until April 1, 1992. A
non-Illinois domiciliary, if such domiciliary is properly
licensed in another State or foreign jurisdiction, until
April 1, 1992.
(Source: P.A. 89-245, eff. 1-1-96; 89-658, eff. 10-1-96;
90-386, eff. 8-15-97; revised 10-30-97.)
(625 ILCS 5/7-309) (from Ch. 95 1/2, par. 7-309)
Sec. 7-309. Suspension to continue until judgments paid
and proof given.
(a) The suspension of such driver's license, license
plates and registration stickers shall remain in effect and
no other vehicle shall be registered in the name of such
judgment debtor, nor any new license issued to such person
(including any such person not previously licensed), unless
and until the Secretary of State receives authenticated
documentation that such judgment is satisfied, or dormant as
provided for in Section 12-108 of the Code of Civil
Procedure, as now or hereafter amended, or stayed by court
order, and the judgment debtor gives proof of financial
responsibility, as hereinafter provided. The Secretary of
State may terminate the suspension of such person's persons's
driver's license, license plates and registration stickers
and no proof of financial responsibility shall be required on
any existing suspensions under this Article which are more
than 20 years old.
(b) Whenever, after one judgment is satisfied and proof
of financial responsibility is given as herein required,
another such judgment is rendered against the judgment debtor
for any motor vehicle accident occurring prior to the date of
the giving of said proof and such person fails to satisfy the
latter judgment within the amounts specified herein within 30
days after the same becomes final, then the Secretary of
State shall again suspend the driver's license of such
judgment debtor and shall again suspend the registration of
any vehicle registered in the name of such judgment debtor as
owner. Such driver's license and registration shall not be
renewed nor shall a driver's license and registration of any
vehicle be issued to such judgment debtor while such latter
judgment remains in effect and unsatisfied within the amount
specified herein.
(Source: P.A. 86-500; revised 7-7-97.)
(625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
Sec. 11-208. Powers of local authorities.
(a) The provisions of this Code shall not be deemed to
prevent local authorities with respect to streets and
highways under their jurisdiction and within the reasonable
exercise of the police power from:
1. Regulating the standing or parking of vehicles,
except as limited by Section 11-1306 of this Act;
2. Regulating traffic by means of police officers
or traffic control signals;
3. Regulating or prohibiting processions or
assemblages on the highways;
4. Designating particular highways as one-way
highways and requiring that all vehicles thereon be moved
in one specific direction;
5. Regulating the speed of vehicles in public parks
subject to the limitations set forth in Section 11-604;
6. Designating any highway as a through highway, as
authorized in Section 11-302, and requiring that all
vehicles stop before entering or crossing the same or
designating any intersection as a stop intersection or a
yield right-of-way intersection and requiring all
vehicles to stop or yield the right-of-way at one or more
entrances to such intersections;
7. Restricting the use of highways as authorized in
Chapter 15;
8. Regulating the operation of bicycles and
requiring the registration and licensing of same,
including the requirement of a registration fee;
9. Regulating or prohibiting the turning of
vehicles or specified types of vehicles at intersections;
10. Altering the speed limits as authorized in
Section 11-604;
11. Prohibiting U-turns;
12. Prohibiting pedestrian crossings at other than
designated and marked crosswalks or at intersections;
13. Prohibiting parking during snow removal
operation;
14. Imposing fines in accordance with Section
11-1301.3 as penalties for use of any parking place
reserved for persons with disabilities, as defined by
Section 1-159.1, or disabled veterans by any person using
a motor vehicle not bearing registration plates specified
in Section 11-1301.1 or a special decal or device as
defined in Section 11-1301.2 as evidence that the vehicle
is operated by or for a person with disabilities or
disabled veteran;
15. Adopting such other traffic regulations as are
specifically authorized by this Code; or
16. Enforcing the provisions of subsection (f) of
Section 3-413 of this Code or a similar local ordinance.
(b) No ordinance or regulation enacted under subsections
1, 4, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be
effective until signs giving reasonable notice of such local
traffic regulations are posted.
(c) The provisions of this Code shall not prevent any
municipality having a population of 500,000 or more
inhabitants from prohibiting any person from driving or
operating any motor vehicle upon the roadways of such
municipality with headlamps on high beam or bright.
(d) The provisions of this Code shall not be deemed to
prevent local authorities within the reasonable exercise of
their police power from prohibiting, on private property, the
unauthorized use of parking spaces reserved for persons with
disabilities.
(Source: P.A. 90-106, eff. 1-1-98; 90-513, eff. 8-22-97;
revised 11-17-97.)
(625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
Sec. 11-209. Powers of municipalities and counties -
Contract with school boards, hospitals, churches, condominium
complex unit owners' associations, and commercial and
industrial facility, shopping center, and apartment complex
owners for regulation of traffic.
(a) The corporate authorities of any municipality or the
county board of any county, and a school board, hospital,
church, condominium complex unit owners' association, or
owner of any commercial and industrial facility, shopping
center, or apartment complex which controls a parking area
located within the limits of the municipality, or outside the
limits of the municipality and within the boundaries of the
county, may, by contract, empower the municipality or county
to regulate the parking of automobiles and the traffic at
such parking area. Such contract shall empower the
municipality or county to accomplish all or any part of the
following:
1. The erection of stop signs, flashing signals,
person with disabilities parking area signs or yield
signs at specified locations in a parking area and the
adoption of appropriate regulations thereto pertaining,
or the designation of any intersection in the parking
area as a stop intersection or as a yield intersection
and the ordering of like signs or signals at one or more
entrances to such intersection, subject to the provisions
of this Chapter.
2. The prohibition or regulation of the turning of
vehicles or specified types of vehicles at intersections
or other designated locations in the parking area.
3. The regulation of a crossing of any roadway in
the parking area by pedestrians.
4. The designation of any separate roadway in the
parking area for one-way traffic.
5. The establishment and regulation of loading
zones.
6. The prohibition, regulation, restriction or
limitation of the stopping, standing or parking of
vehicles in specified areas of the parking area.
7. The designation of safety zones in the parking
area and fire lanes.
8. Providing for the removal and storage of
vehicles parked or abandoned in the parking area during
snowstorms, floods, fires, or other public emergencies,
or found unattended in the parking area, (a) where they
constitute an obstruction to traffic, or (b) where
stopping, standing or parking is prohibited, and for the
payment of reasonable charges for such removal and
storage by the owner or operator of any such vehicle.
9. Providing that the cost of planning,
installation, maintenance and enforcement of parking and
traffic regulations pursuant to any contract entered into
under the authority of this paragraph (a) of this Section
be borne by the municipality or county, or by the school
board, hospital, church, property owner, apartment
complex owner, or condominium complex unit owners'
association, or that a percentage of the cost be shared
by the parties to the contract.
10. Causing the installation of parking meters on
the parking area and establishing whether the expense of
installing said parking meters and maintenance thereof
shall be that of the municipality or county, or that of
the school board, hospital, church, condominium complex
unit owners' association, shopping center or apartment
complex owner. All moneys obtained from such parking
meters as may be installed on any parking area shall
belong to the municipality or county.
11. Causing the installation of parking signs in
accordance with Section 11-301 in areas of the parking
lots covered by this Section and where desired by the
person contracting with the appropriate authority listed
in paragraph (a) of this Section, indicating that such
parking spaces are reserved for persons with
disabilities.
12. Contracting for such additional reasonable
rules and regulations with respect to traffic and parking
in a parking area as local conditions may require for the
safety and convenience of the public or of the users of
the parking area.
(b) No contract entered into pursuant to this Section
shall exceed a period of 20 years. No lessee of a shopping
center or apartment complex shall enter into such a contract
for a longer period of time than the length of his lease.
(c) Any contract entered into pursuant to this Section
shall be recorded in the office of the recorder in the county
in which the parking area is located, and no regulation made
pursuant to the contract shall be effective or enforceable
until 3 days after the contract is so recorded.
(d) At such time as parking and traffic regulations have
been established at any parking area pursuant to the contract
as provided for in this Section, then it shall be a petty
offense for any person to do any act forbidden or to fail to
perform any act required by such parking or traffic
regulation. If the violation is the parking in a parking
space reserved for persons with disabilities under paragraph
(11) of this Section, by a person without special
registration plates issued to a person with disabilities, as
defined by Section 1-159.1, pursuant to Section 3-616 of this
Code, or to a disabled veteran pursuant to Section 3-609 of
this Code, the local police of the contracting corporate
municipal authorities shall issue a parking ticket to such
parking violator and issue a fine in accordance with Section
11-1301.3.
(e) The term "shopping center", as used in this Section,
means premises having one or more stores or business
establishments in connection with which there is provided on
privately-owned property near or contiguous thereto an area,
or areas, of land used by the public as the means of access
to and egress from the stores and business establishments on
such premises and for the parking of motor vehicles of
customers and patrons of such stores and business
establishments on such premises.
(f) The term "parking area", as used in this Section,
means an area, or areas, of land near or contiguous to a
school, church, or hospital building, shopping center,
apartment complex, or condominium complex, but not the public
highways or alleys, and used by the public as the means of
access to and egress from such buildings and the stores and
business establishments at a shopping center and for the
parking of motor vehicles.
(g) The terms "owner", "property owner", "shopping
center owner", and "apartment complex owner", as used in this
Section, mean the actual legal owner of the shopping center
parking area or apartment complex, the trust officer of a
banking institution having the right to manage and control
such property, or a person having the legal right, through
lease or otherwise, to manage or control the property.
(g-5) The term "condominium complex unit owners'
association", as used in this Section, means a "unit owners'
association" as defined in Section 2 of the Condominium
Property Act.
(h) The term "fire lane", as used in this Section, means
travel lanes for the fire fighting equipment upon which there
shall be no standing or parking of any motor vehicle at any
time so that fire fighting equipment can move freely thereon.
(i) The term "apartment complex", as used in this
Section, means premises having one or more apartments in
connection with which there is provided on privately-owned
property near or contiguous thereto an area, or areas, of
land used by occupants of such apartments or their guests as
a means of access to and egress from such apartments or for
the parking of motor vehicles of such occupants or their
guests.
(j) The term "condominium complex", as used in this
Section, means the units, common elements, and limited common
elements that are located on the parcels, as those terms are
defined in Section 2 of the Condominium Property Act.
(k) The term "commercial and industrial facility", as
used in this Section, means a premises containing one or more
commercial and industrial facility establishments
establishment in connection with which there is provided on
privately-owned property near or contiguous to the premises
an area or areas of land used by the public as the means of
access to and egress from the commercial and industrial
facility establishment on the premises and for the parking of
motor vehicles of customers, patrons, and employees of the
commercial and industrial facility establishment on the
premises.
(l) (k) The provisions of this Section shall not be
deemed to prevent local authorities from enforcing, on
private property, local ordinances imposing fines, in
accordance with Section 11-1301.3, as penalties for use of
any parking place reserved for persons with disabilities, as
defined by Section 1-159.1, or disabled veterans by any
person using a motor vehicle not bearing registration plates
specified in Section 11-1301.1 or a special decal or device
as defined in Section 11-1301.2 as evidence that the vehicle
is operated by or for a person with disabilities or disabled
veteran.
This amendatory Act of 1972 is not a prohibition upon the
contractual and associational powers granted by Article VII,
Section 10 of the Illinois Constitution.
(Source: P.A. 89-551, eff. 1-1-97; 90-106, eff. 1-1-98;
90-145, eff. 1-1-98; 90-481, eff. 8-17-97; revised 11-14-97.)
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of
alcohol, other drug, or combination of both.
(a) A person shall not drive or be in actual physical
control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood
or breath is 0.08 or more based on the definition of
blood and breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(4) under the combined influence of alcohol and any
other drug or drugs to a degree that renders the person
incapable of safely driving; or
(5) there is any amount of a drug, substance, or
compound in the person's blood or urine resulting from
the unlawful use or consumption of cannabis listed in the
Cannabis Control Act, or a controlled substance listed in
the Illinois Controlled Substances Act.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, or
other drugs, or any combination of both, shall not
constitute a defense against any charge of violating this
Section.
(c) Except as provided under paragraphs (c-3) and (d) of
this Section, every person convicted of violating this
Section or a similar provision of a local ordinance, shall be
guilty of a Class A misdemeanor and, in addition to any other
criminal or administrative action, for any second conviction
of violating this Section or a similar provision of a law of
another state or local ordinance committed within 5 years of
a previous violation of this Section or a similar provision
of a local ordinance shall be mandatorily sentenced to a
minimum of 48 consecutive hours of imprisonment or assigned
to a minimum of 100 hours of community service as may be
determined by the court. Every person convicted of violating
this Section or a similar provision of a local ordinance
shall be subject to a mandatory minimum fine of $500 and a
mandatory 5 days of community service in a program benefiting
children if the person committed a violation of paragraph (a)
or a similar provision of a local ordinance while
transporting a person under age 16. Every person convicted a
second time for violating this Section or a similar provision
of a local ordinance within 5 years of a previous violation
of this Section or a similar provision of a law of another
state or local ordinance shall be subject to a mandatory
minimum fine of $500 and 10 days of mandatory community
service in a program benefiting children if the current
offense was committed while transporting a person under age
16. The imprisonment or assignment under this subsection
shall not be subject to suspension nor shall the person be
eligible for probation in order to reduce the sentence or
assignment.
(c-1) A person who violates this Section during a period
in which his or her driving privileges are revoked or
suspended, where the revocation or suspension was for a
violation of this Section or Section 11-501.1 shall, unless
sentenced to a term of imprisonment in the penitentiary, in
addition to any other criminal or administrative action, be
sentenced to a minimum term of 30 consecutive days of
imprisonment, 40 days of 24 hour periodic imprisonment or 720
hours of community service, as may be determined by the
court. This mandatory minimum term of imprisonment or
assignment of community service shall not be suspended and
shall not be subject to reduction by the court.
(c-2) (Blank).
(c-3) Every person convicted of violating this Section
or a similar provision of a local ordinance who had a child
under age 16 in the vehicle at the time of the offense shall
have his or her punishment under this Act enhanced by 2 days
of imprisonment for a first offense, 10 days of imprisonment
for a second offense, 30 days of imprisonment for a third
offense, and 90 days of imprisonment for a fourth or
subsequent offense, in addition to the fine and community
service required under subsection (c) and the possible
imprisonment required under subsection (d). The imprisonment
or assignment under this subsection shall not be subject to
suspension nor shall the person be eligible for probation in
order to reduce the sentence or assignment.
(d) (1) Every person convicted of committing a violation
of this Section shall be guilty of aggravated driving under
the influence of alcohol or drugs or a combination of both
if:
(A) the person committed a violation of this
Section, or a similar provision of a law of another state
or a local ordinance when the cause of action is the same
as or substantially similar to this Section, for the
third or subsequent time;
(B) the person committed a violation of paragraph
(a) while driving a school bus with children on board;
(C) the person in committing a violation of
paragraph (a) was involved in a motor vehicle accident
that resulted in great bodily harm or permanent
disability or disfigurement to another, when the
violation was a proximate cause of the injuries; or
(D) the person committed a violation of paragraph
(a) for a second time and has been previously convicted
of violating Section 9-3 of the Criminal Code of 1961
relating to reckless homicide in which the person was
determined to have been under the influence of alcohol or
any other drug or drugs as an element of the offense or
the person has previously been convicted under
subparagraph (C) of this paragraph (1).
(2) Aggravated driving under the influence of alcohol or
drugs or a combination of both is a Class 4 felony for which
a person, if sentenced to a term of imprisonment, shall be
sentenced to not less than one year and not more than 3 years
for a violation of subparagraph (A), (B) or (D) of paragraph
(1) of this subsection (d) and not less than one year and not
more than 12 years for a violation of subparagraph (C) of
paragraph (1) of this subsection (d). For any prosecution
under this subsection (d), a certified copy of the driving
abstract of the defendant shall be admitted as proof of any
prior conviction.
(e) After a finding of guilt and prior to any final
sentencing, or an order for supervision, for an offense based
upon an arrest for a violation of this Section or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol or other drug abuse problem exists and the extent of
the problem. Programs conducting these evaluations shall be
licensed by the Department of Human Services. The cost of
any professional evaluation shall be paid for by the
individual required to undergo the professional evaluation.
(f) Every person found guilty of violating this Section,
whose operation of a motor vehicle while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the
expense of an emergency response as provided under Section
5-5-3 of the Unified Code of Corrections.
(g) The Secretary of State shall revoke the driving
privileges of any person convicted under this Section or a
similar provision of a local ordinance.
(h) Every person sentenced under subsection (d) of this
Section and who receives a term of probation or conditional
discharge shall be required to serve a minimum term of either
30 days community service or, beginning July 1, 1993, 48
consecutive hours of imprisonment as a condition of the
probation or conditional discharge. This mandatory minimum
term of imprisonment or assignment of community service shall
not be suspended and shall not be subject to reduction by the
court.
(i) The Secretary of State shall establish a pilot
program to test the effectiveness of ignition interlock
device requirements upon individuals who have been arrested
for a second or subsequent offense of this Section. The
Secretary shall establish by rule and regulation the
population and procedures for use of the interlock system.
(Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; revised
10-24-97.)
(625 ILCS 5/11-1301.5)
Sec. 11-1301.5. Fictitious or unlawfully altered person
with disabilities license plate or parking decal or device.
(a) As used in this Section:
"Fictitious person with disabilities license plate or
parking decal or device" means any issued person with
disabilities license plate or parking decal or device that
has been issued by the Secretary of State or an authorized
unit of local government that was issued based upon false
information contained on the required application.
"False information" means any incorrect or inaccurate
information concerning the name, date of birth, social
security number, driver's license number, physician
certification, or any other information required on the
application for a person with disabilities license plate or
parking permit or device that falsifies the content of the
application.
"Unlawfully altered person with disabilities license
plate or parking permit or device" means any person with
disabilities license plate or parking permit or device issued
by the Secretary of State or an authorized unit of local
government that has been physically altered or changed in
such manner that false information appears on the license
plate or parking decal or device.
"Authorized holder" means an individual issued a person
with disabilities license plate under Section 3-616 of this
Code or an individual issued a person with disabilities
parking decal or device under Section 11-1301.2 of this Code.
(b) It is a violation of this Section for any person:
(1) to knowingly possess any fictitious or
unlawfully altered person with disabilities license plate
or parking decal or device;
(2) to knowingly issue or assist in the issuance
of, by the Secretary of State or unit of local
government, any fictitious person with disabilities
license plate or parking decal or device;
(3) to knowingly alter any person with disabilities
license plate or parking decal or device;
(4) to knowingly manufacture, possess, transfer, or
provide any documentation used in the application process
whether real or fictitious, for the purpose of obtaining
a fictitious person with disabilities license plate or
parking decal or device;
(5) to knowingly provide any false information to
the Secretary of State or a unit of local government in
order to obtain a person with disabilities license plate
or parking decal or device; or
(6) to knowingly transfer a person with
disabilities license plate or parking decal or device for
the purpose of exercising the privileges granted to an
authorized holder of a person with disabilities license
plate or parking decal or device under this Code in the
absence of the authorized holder.
(c) Sentence.
(1) Any person convicted of a violation of this
Section shall be guilty of a Class A misdemeanor.
(2) Any person who commits a violation of this
Section may have his or her driving privileges suspended
or revoked by the Secretary of State for a period of time
determined by the Secretary of State.
(Source: P.A. 90-106, eff. 1-1-98; revised 8-14-97.)
(625 ILCS 5/11-1301.7)
Sec. 11-1301.7. 11-1301.5. Appointed volunteers and
contracted entities; disabled person parking violations.
(a) The chief of police of a municipality and the
sheriff of a county authorized to enforce parking laws may
appoint volunteers or contract with public or private
entities to issue parking violation notices for violations of
Section 11-1301.3 or ordinances dealing with parking
privileges for persons with disabilities. Volunteers
appointed under this Section and any employees of public or
private entities that the chief of police or sheriff has
contracted with under this Section who are issuing these
parking violation notices must be at least 21 years of age.
The chief of police or sheriff appointing the volunteers or
contracting with public or private entities may establish any
other qualifications that he or she deems desirable.
(b) The chief of police or sheriff appointing volunteers
under this Section shall provide training to the volunteers
before authorizing them to issue parking violation notices.
(c) A parking violation notice issued by a volunteer
appointed under this Section or by a public or private entity
that the chief of police or sheriff has contracted with under
this Section shall have the same force and effect as a
parking violation notice issued by a police officer for the
same offense.
(d) All funds collected as a result of the payment of
the parking violation notices issued under this Section shall
go to the municipality or county where the notice is issued.
(e) An appointed volunteer or private or public entity
under contract pursuant to this Section is not liable for his
or her or its act or omission in the execution or enforcement
of laws or ordinances if acting within the scope of the
appointment or contract authorized by this Section, unless
the act or omission constitutes willful and wanton conduct.
(f) Except as otherwise provided by statute, a local
government, a chief of police, sheriff, or employee of a
police department or sheriff, as such and acting within the
scope of his or her employment, is not liable for an injury
caused by the act or omission of an appointed volunteer or
private or public entity under contract pursuant to this
Section. No local government, chief of police, sheriff, or
an employee of a local government, police department or
sheriff shall be liable for any actions regarding the
supervision or direction, or the failure to supervise and
direct, an appointed volunteer or private or public entity
under contract pursuant to this Section unless the act or
omission constitutes willful and wanton conduct.
(g) An appointed volunteer or private or public entity
under contract pursuant to this Section shall assume all
liability for and hold the property owner and his agents and
employees harmless from any and all claims of action
resulting from the work of the appointed volunteer or public
or private entity.
(Source: P.A. 90-181, eff. 7-23-97; revised 8-14-97.)
(625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
Sec. 12-215. Oscillating, rotating or flashing lights on
motor vehicles. Except as otherwise provided in this Code:
(a) The use of red or white oscillating, rotating or
flashing lights, whether lighted or unlighted, is prohibited
except on:
1. Law enforcement vehicles of State, Federal or
local authorities;
2. A vehicle operated by a police officer or county
coroner and designated or authorized by local
authorities, in writing, as a law enforcement vehicle;
however, such designation or authorization must be
carried in the vehicle;
3. Vehicles of local fire departments and State or
federal firefighting vehicles;
4. Vehicles which are designed and used exclusively
as ambulances or rescue vehicles; furthermore, such
lights shall not be lighted except when responding to an
emergency call for and while actually conveying the sick
or injured; and
5. Tow trucks licensed in a state that requires
such lights; furthermore, such lights shall not be
lighted on any such tow truck while the tow truck is
operating in the State of Illinois.
(b) The use of amber oscillating, rotating or flashing
lights, whether lighted or unlighted, is prohibited except
on:
1. Second division vehicles designed and used for
towing or hoisting vehicles; furthermore, such lights
shall not be lighted except as required in this paragraph
1; such lights shall be lighted when such vehicles are
actually being used at the scene of an accident or
disablement; if the towing vehicle is equipped with a
flat bed that supports all wheels of the vehicle being
transported, the lights shall not be lighted while the
vehicle is engaged in towing on a highway; if the towing
vehicle is not equipped with a flat bed that supports all
wheels of a vehicle being transported, the lights shall
be lighted while the towing vehicle is engaged in towing
on a highway during all times when the use of headlights
is required under Section 12-201 of this Code;
2. Motor vehicles or equipment of the State of
Illinois, local authorities and contractors; furthermore,
such lights shall not be lighted except while such
vehicles are engaged in maintenance or construction
operations within the limits of construction projects;
3. Vehicles or equipment used by engineering or
survey crews; furthermore, such lights shall not be
lighted except while such vehicles are actually engaged
in work on a highway;
4. Vehicles of public utilities, municipalities, or
other construction, maintenance or automotive service
vehicles except that such lights shall be lighted only as
a means for indicating the presence of a vehicular
traffic hazard requiring unusual care in approaching,
overtaking or passing while such vehicles are engaged in
maintenance, service or construction on a highway;
5. Oversized vehicle or load; however, such lights
shall only be lighted when moving under permit issued by
the Department under Section 15-301 of this Code;
6. The front and rear of motorized equipment owned
and operated by the State of Illinois or any political
subdivision thereof, which is designed and used for
removal of snow and ice from highways;
7. Fleet safety vehicles registered in another
state, furthermore, such lights shall not be lighted
except as provided for in Section 12-212 of this Code;
8. Such other vehicles as may be authorized by
local authorities;
9. Law enforcement vehicles of State or local
authorities when used in combination with red
oscillating, rotating or flashing lights;
10. Vehicles used for collecting or delivering mail
for the United States Postal Service provided that such
lights shall not be lighted except when such vehicles are
actually being used for such purposes;
11. Any vehicle displaying a slow-moving vehicle
emblem as provided in Section 12-205.1;
12. All trucks equipped with self-compactors or
roll-off hoists and roll-on containers for garbage or
refuse hauling. Such lights shall not be lighted except
when such vehicles are actually being used for such
purposes;
13. Vehicles used by a security company, alarm
responder, or control agency, if the security company,
alarm responder, or control agency is bound by a contract
with a federal, State, or local government entity to use
the lights; and
14. Security vehicles of the Department of Human
Services; however, the lights shall not be lighted except
when being used for security related purposes under the
direction of the superintendent of the facility where the
vehicle is located.
(c) The use of blue oscillating, rotating or flashing
lights, whether lighted or unlighted is prohibited except:
1. On vehicles owned or fully operated by a:
voluntary firefighter;
paid firefighter;
part-paid firefighter;
call firefighter;
member of the board of trustees of a fire
protection district;
paid or unpaid member of a rescue squad;
paid or unpaid member of a voluntary ambulance
unit;
rescue squad vehicles not owned by a fire
department.
However, such lights are not to be lighted except
when responding to a bona fide emergency.
2. Police department vehicles in cities having a
population of 500,000 or more inhabitants.
3. Law enforcement vehicles of State or local
authorities when used in combination with red
oscillating, rotating or flashing lights.
4. Vehicles of local fire departments and State or
federal firefighting vehicles when used in combination
with red oscillating, rotating or flashing lights.
5. Vehicles which are designed and used exclusively
as ambulances or rescue vehicles when used in combination
with red oscillating, rotating or flashing lights;
furthermore, such lights shall not be lighted except when
responding to an emergency call.
6. Vehicles that are equipped and used exclusively
as organ transport vehicles when used in combination with
red oscillating, rotating, or flashing lights;
furthermore, these lights shall only be lighted when the
transportation is declared an emergency by a member of
the transplant team or a representative of the organ
procurement organization.
(d) The use of a combination of amber and white
oscillating, rotating or flashing lights, whether lighted or
unlighted, is prohibited, except motor vehicles or equipment
of the State of Illinois, local authorities and contractors
may be so equipped; furthermore, such lights shall not be
lighted except while such vehicles are engaged in highway
maintenance or construction operations within the limits of
highway construction projects.
(e) All oscillating, rotating or flashing lights
referred to in this Section shall be of sufficient intensity,
when illuminated, to be visible at 500 feet in normal
sunlight.
(f) Nothing in this Section shall prohibit a
manufacturer of oscillating, rotating or flashing lights or
his representative from temporarily mounting such lights on a
vehicle for demonstration purposes only.
(g) Any person violating the provisions of subsections
(a), (b), (c) or (d) of this Section who without lawful
authority stops or detains or attempts to stop or detain
another person shall be guilty of a Class 4 felony.
(h) Except as provided in subsection (g) above, any
person violating the provisions of subsections (a) or (c) of
this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 89-433, eff. 12-15-95; 89-507, eff. 7-1-97;
90-330, eff. 8-8-97; 90-347, eff. 1-1-98; revised 10-27-97.)
(625 ILCS 5/12-601) (from Ch. 95 1/2, par. 12-601)
Sec. 12-601. Horns and warning devices.
(a) Every motor vehicle when operated upon a highway
shall be equipped with a horn in good working order and
capable of emitting sound audible under normal conditions
from a distance of not less than 200 feet, but no horn or
other warning device shall emit an unreasonable loud or harsh
sound or a whistle. The driver of a motor vehicle shall when
reasonably necessary to insure safe operation give audible
warning with his horn but shall not otherwise use such horn
when upon a highway.
(b) No vehicle shall be equipped with nor shall any
person use upon a vehicle any siren, whistle, or bell, except
as otherwise permitted in this section. Any authorized
emergency vehicle or organ transport vehicle as defined in
Chapter 1 of this Act may be equipped with a siren, whistle,
or bell, capable of emitting sound audible under normal
conditions from a distance of not less than 500 feet, but
such siren, whistle or bell, shall not be used except when
such vehicle is operated in response to an emergency call or
in the immediate pursuit pursuant of an actual or suspected
violator of the law in either of which events the driver of
such vehicle shall sound such siren, whistle or bell, when
necessary to warn pedestrians and other drivers of the
approach thereof.
(c) Trackless trolley coaches, as defined by Section
1-206 of this Code, and replica trolleys, as defined by
Section 1-171.04 of this Code, may be equipped with a bell or
bells in lieu of a horn, and may, in addition to the
requirements of paragraph (a) of this Section, use a bell or
bells for the purpose of indicating arrival or departure at
designated stops during the hours of scheduled operation.
(Source: P.A. 89-345, eff. 1-1-96; 89-687, eff. 6-1-97;
90-347, eff. 1-1-98; revised 12-18-97.)
(625 ILCS 5/12-603) (from Ch. 95 1/2, par. 12-603)
Sec. 12-603. Seat safety belts.
(a) No person shall sell any 1965 or later model motor
vehicle of the first division unless the front seat of such
motor vehicle is equipped with 2 sets of seat safety belts.
Motorcycles are exempted from the provisions of this Section.
(b) No person shall operate any 1965 or later model
motor vehicle of the first division that is titled or
licensed by the Secretary of State unless the front seat of
such motor vehicle is equipped with 2 sets of seat safety
belts.
(b-5) No person under the age of 18 years shall operate
any motor vehicle, except a motor driven cycle or motorcycle,
with more than one passenger in the front seat of the motor
vehicle and no more passengers in the back seats than the
number of available seat safety belts, except that each
driver under the age of 18 years operating a second division
vehicle having a gross vehicle weight rating of 8,000 pounds
or less that contains only a front seat may operate the
vehicle with more than one passenger in the front seat,
provided that each passenger is wearing a properly adjusted
and fastened seat safety belt.
(c) (Blank).
(d) The Department shall establish performance
specifications for seat safety belts and for the attachment
and installation thereof.
(Source: P.A. 89-120, eff. 7-7-95; 90-89, eff. 1-1-98;
90-369, eff. 1-1-98; revised 10-8-97.)
(625 ILCS 5/15-107) (from Ch. 95 1/2, par. 15-107)
Sec. 15-107. Length of vehicles.
(a) Unless otherwise provided for in this Code, no
single vehicle, with or without load, other than a
semitrailer that is not a housetrailer, shall exceed an
overall length of 42 feet.
(b) Subject to the provisions of paragraph (f) and
unless otherwise provided in this Code, no truck tractor and
semitrailer, unladen or with load, except a semitrailer other
than a house trailer, shall exceed a length of 55 feet
extreme overall dimension, except that the combination when
specially designed to transport motor vehicles may have a
length of 60 feet extreme overall dimension, subject to those
exceptions and special rules otherwise stated in this Code.
No other combination of vehicles, unladen or with load, shall
exceed a length of 60 feet extreme overall dimension.
(c) A truck tractor semitrailer may draw one trailer, or
a converter dolly, or a vehicle that is special mobile
equipment if the extreme length of the combination does not
exceed 60 feet, and a truck in transit may draw 3 trucks in
transit coupled together by the triple saddlemount method.
Except as otherwise provided, no other combinations of
vehicles coupled together shall consist of more than 2
vehicles. For the purposes of this paragraph, a tow-dolly
that merely serves as substitute wheels for another legally
licensed vehicle will be considered part of the vehicle and
not as a separate vehicle.
Vehicles in combination, whether being operated
intrastate or interstate, shall be operated and towed in
compliance with all requirements of Federal Highway
Administration, Title 49, C. F. R., Motor Carrier Safety
Regulations, pertaining to coupling devices and towing
methods and all other equipment safety requirements set forth
in the regulations.
(d) Notwithstanding any other provisions of this Code,
there is no overall length limitation on motor vehicles
operating in truck tractor-semitrailer or truck
tractor-semitrailer-trailer combinations, except that
maxi-cube combinations as defined in this Section, and a
combination of vehicles specifically designed to transport
motor vehicles or boats, shall not exceed 65 feet overall
length, and provided that a stinger steered combination of
vehicles specifically designed to transport motor vehicles or
boats and a truck in transit transporting 3 trucks coupled
together by the triple saddlemount method shall not exceed 75
feet overall length, with the length limitations inclusive of
front and rear bumpers but exclusive of the overhang of the
transported vehicles as provided for in paragraph (i) of this
Section, upon the National System of Interstate and Defense
Highways or any other highways in the system of State
highways that have been designated Class I highways by the
Department or any street or highway designated by local
authorities or road district commissioners; provided that the
length of the semitrailer unit, unladen or with load,
operated in a truck tractor-semitrailer combination shall not
exceed 53 feet and the distance between the kingpin and the
center of the rear axle of a semitrailer longer than 48 feet
shall not exceed 45 feet, 6 inches; and provided that the
length of any semitrailer or trailer, unladen or with load,
operated in a truck tractor-semitrailer-trailer combination
shall not exceed 28 feet 6 inches.
The length limitations described in this paragraph (d)
shall be exclusive of safety and energy conservation devices,
such as rear view mirrors, turn signals, marker lamps, steps
and handholds for entry and egress, flexible fender
extensions, bumpers, mudflaps and splash and spray
suppressant devices, load-induced tire bulge, refrigeration
units or air compressors and other devices, that the
Department may interpret as necessary for safe and efficient
operation; except that no device excluded under this
paragraph shall have by its design or use the capability to
carry cargo.
Vehicles operating under this paragraph (d) shall have
access for a distance of one highway mile to or from a Class
I highway on any street or highway, unless there is a sign
prohibiting the access, or 5 highway miles on a street or
highway in the system of State highways, and upon any street
or highway designated, without additional fees, by local
authorities or road district commissioners, to points of
loading and unloading and facilities for food, fuel, repairs
and rest. Household goods carriers shall have access to
points of loading and unloading.
Section 5-35 of the Illinois Administrative Procedure Act
relating to procedures for rulemaking shall not apply to the
designation of highways under this paragraph (d).
(e) In addition to the designation of highways under
paragraph (d) the Department may designate other streets or
highways in the system of State highways as Class II
highways. Notwithstanding any other provisions of this Code,
effective June 1, 1996 there is no overall length limitation
on motor vehicles operating in truck tractor-semitrailer
combinations operating upon designated Class II highways,
provided the length of the semitrailer unit, unladen or with
load, operated in a truck tractor-semitrailer combination
shall not exceed 53 feet and the distance between the kingpin
and the center of the rear axle of a semitrailer longer than
48 feet shall not exceed 45 feet, 6 inches. A truck
tractor-semitrailer-trailer combination may be operated
provided that the wheelbase between the front axle and rear
axle shall not exceed 65 feet and the length of any
semitrailer or trailer, unladen or with load, in a
combination shall not exceed 28 feet 6 inches. Local
authorities and road district commissioners with respect to
streets and highways under their jurisdiction, may also by
ordinance or resolution allow the length limitations of this
paragraph (e).
A maxi-cube combination, a truck in transit transporting
3 trucks coupled together by the triple saddlemount method,
and a combination of vehicles specifically designed to
transport motor vehicles or boats may operate on the
designated streets or highways provided the overall length
shall not exceed 65 feet, and provided that a stinger steered
combination of vehicles specifically designed to transport
motor vehicles or boats shall not exceed 75 feet overall
length, with the length limitations inclusive of front and
rear bumpers but exclusive of the overhang of the transported
vehicles as provided for in paragraph (i) of this Section.
The length limitations described in this paragraph (e)
shall be exclusive of safety and energy conservation devices,
such as rear view mirrors, turn signals, marker lamps, steps
and handholds for entry and egress, flexible fender
extensions, bumpers, mudflaps and splash and spray
suppressant devices, load-induced tire bulge, refrigeration
units or air compressors and other devices, that the
Department may interpret as necessary for safe and efficient
operation; except that no device excluded under this
paragraph shall have by its design or use the capability to
carry cargo.
Vehicles operating under this paragraph (e) shall have
access for a distance of 5 highway miles on a street or
highway in the system of State highways, and upon any street
or highway designated by local authorities or road district
commissioners, to points of loading and unloading and to
facilities for food, fuel, repairs and rest. Household goods
carriers shall have access to points of loading and
unloading.
Section 5-35 of the Illinois Administrative Procedure Act
relating to procedures for rulemaking shall not apply to the
designation of highways under this paragraph (e).
(f) On any street or highway in the system of State
highways that has not been designated by the Department under
paragraph (d) or (e), the wheelbase between the front axle
and the rear axle in a truck tractor-semitrailer combination
shall not exceed 55 feet or, effective June 1, 1996, no truck
tractor and semitrailer, unladen or with load, except a
semitrailer other than a house trailer, shall exceed a length
of 65 feet between extreme overall dimensions, the length of
the semitrailer, unladen or with load, shall not exceed 53
feet and the distance between the kingpin and the center of
the rear axle of a semitrailer longer than 48 feet shall not
exceed 42 feet, 6 inches. On any street or highway in the
State system of highways that has not been designated by the
Department under paragraph (d) or (e), no truck
tractor-semitrailer-trailer combination shall exceed a length
of 60 feet extreme overall dimension.
(g) Length limitations in the preceding subsections of
this Section 15-107 shall not apply to vehicles operated in
the daytime, except on Saturdays, Sundays or legal holidays,
when transporting poles, pipe, machinery or other objects of
a structural nature that cannot readily be dismembered, nor
to vehicles transporting those objects operated on Saturdays,
Sundays or legal holidays or at nighttime by a public utility
when required for emergency repair of public service
facilities or properties, but in respect to the night
operation every vehicle and the load thereon shall be
equipped with a sufficient number of clearance lamps on both
sides and marker lamps upon the extreme ends of any
projecting load to clearly mark the dimensions of the load,
provided that the overall length of vehicle and load shall
not exceed 100 feet and no object exceeding 80 feet in length
shall be transported, except by a public utility when
required for emergency repairs, unless a permit has first
been obtained as authorized in Section 15-301. A combination
of vehicles, including a tow truck and a disabled vehicle or
disabled combination of vehicles, that exceeds the length
restriction imposed by this Code, may be operated on a public
highway in this State upon the following conditions:
(1) The towing vehicle must be:
a. specifically designed as a tow truck having
a gross vehicle weight rating of at least 18,000
lbs. and equipped with air brakes;
b. equipped with flashing, rotating or
oscillating amber lights, visible for a least 500
feet in all directions; and
c. capable of utilizing the lighting and
braking systems of the disabled vehicle or
combination of vehicles.
(2) The towing of vehicles on the highways of this
State shall not exceed 50 miles from the initial point of
wreck or disablement. Any additional movement of the
vehicles shall only occur upon issuance of authorization
for that movement under the provisions of Section 15-301
through 15-319 of this Chapter.
The Department may by rule or regulation prescribe
additional requirements regarding length limitations for a
tow truck towing another vehicle.
For the purpose of this subsection, gross vehicle weight
rating, or GVWR, shall mean the value specified by the
manufacturer as the loaded weight of the tow truck. Legal
holidays referred to in this Section shall be specified as
the day on which the following traditional holidays are
celebrated:
New Year's Day;
Memorial Day;
Independence Day;
Labor Day;
Thanksgiving Day; and
Christmas Day.
(h) The load upon any vehicle operated alone, or the
load upon the front vehicle of a combination of vehicles,
shall not extend more than 3 feet beyond the front wheels of
the vehicle or the front bumper of the vehicle if it is
equipped with a front bumper. The provisions of this
subsection (h) shall not apply to any vehicle or combination
of vehicles specifically designed for the collection and
transportation of waste, garbage, or recyclable materials
during the vehicle's operation in the course of collecting
garbage, waste, or recyclable materials if the such vehicle
is traveling at a speed not in excess of 15 miles per hour
during the vehicle's operation and in the course of
collecting garbage, waste, or recyclable materials. However,
in no instance shall the load extend more than 7 feet beyond
the front wheels of the vehicle or the front bumper of the
vehicle if it is equipped with a front bumper.
(i) The load upon the front vehicle of a combination of
vehicles specifically designed to transport motor vehicles
shall not extend more than 3 feet beyond the foremost part of
the transporting vehicle and the load upon the rear
transporting vehicle shall not extend more than 4 feet beyond
the rear of the bed or body of the vehicle. This paragraph
shall only be applicable upon highways designated in
paragraphs (d) and (e) of this Section.
(j) Articulated vehicles comprised of 2 sections,
neither of which exceeds a length of 42 feet, designed for
the carrying of more than 10 persons, may be up to 60 feet in
length, not including energy absorbing bumpers, provided that
the vehicles are:
1. operated by or for any public body or motor
carrier authorized by law to provide public
transportation services; or
2. operated in local public transportation service
by any other person and the municipality in which the
service is to be provided approved the operation of the
vehicle.
(j-1) Charter or regulated route buses may be up to 45
feet in length, not including energy absorbing bumpers.
(k) Any person who is convicted of violating this
Section is subject to the penalty as provided in paragraph
(b) of Section 15-113.
(l) A combination of 3 vehicles not to exceed 60 feet
overall length may be operated on the highways of the State,
provided that the vehicles meet the following requirements:
(1) The towing vehicle is a properly registered
vehicle capable of towing another vehicle using a
fifth-wheel type assembly.
(2) The second vehicle in the combination of
vehicles shall be a recreational vehicle that is towed by
a fifth-wheel assembly. This vehicle shall be properly
registered and be equipped with brakes regardless of
weight.
(3) The third vehicle shall be the lightest of the
3 vehicles and be a trailer or semi-trailer designed or
used for transporting a boat, all-terrain vehicle,
personal watercraft, or motorcycle.
(4) The towed vehicles may only be for the use of
the operator of the towing vehicle.
(5) All vehicles shall be properly equipped with
operating brakes and safety equipment required by this
Code, except the additional brake requirement in
paragraph (2) above.
(Source: P.A. 89-219, eff. 1-1-96; 89-434, eff. 6-1-96;
89-626, eff. 8-9-96; 90-89, eff. 1-1-98; 90-147, eff.
7-23-97; 90-407, eff. 8-15-97; revised 10-8-97.)
(625 ILCS 5/15-108) (from Ch. 95 1/2, par. 15-108)
Sec. 15-108. Planking edge of a pavement. No tractor,
traction engine or of other metal tired vehicle, weighing
more than 4 four tons, including the weight of the vehicle
and its load, shall drive up onto, off or over the edge of
any paved public highway in this State, without protecting
such edge by putting down solid planks or other suitable
device to prevent such vehicle from breaking off the edges or
corners of such pavement.
(Source: P.A. 76-1586; revised 12-18-97.)
(625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
Sec. 15-111. Wheel and axle loads and gross weights.
(a) No vehicle or combination of vehicles equipped with
pneumatic tires shall be operated, unladen or with load, upon
the highways of this State when the gross weight on the road
surface through any single axle thereof exceeds 18,000
pounds, except when a different limit is established and
posted in accordance with Section 15-316 and except any
single axle of a 2 axle motor vehicle weighing 36,000 pounds
or less and not a part of a combination of vehicles, shall
not exceed 20,000 pounds. Provided, however, that any single
axle of a 2 axle motor vehicle equipped with a personnel lift
or digger derrick, weighing 36,000 pounds or less, owned and
operated by a public utility, shall not exceed 20,000 pounds.
No vehicle or combination of vehicles equipped with other
than pneumatic tires shall be operated, unladen or with load,
upon the highways of this State when the gross weight on the
road surface through any wheel thereof exceeds 800 pounds per
inch width of tire tread or when the gross weight on the road
surface through any axle thereof exceeds 16,000 pounds. The
gross weight transmitted to the road surface through tandem
axles shall not exceed 32,000 pounds and no axle of the
series shall exceed the maximum weight permitted under this
Section for a single axle. Provided that on a 4 axle vehicle
or on a 5 or more axle combination of vehicles the weight on
a series of 3 axles whose centers are more than 96 inches
apart, measured between extreme axles in the series, shall
not exceed those allowed on 3 axles in the table contained in
subsection (f) of this Section and no axle or tandem axle of
the series shall exceed the maximum weight permitted under
this Section for a single or tandem axle. Provided also that
a 3 axle vehicle or 3 axle truck mixer registered as a
Special Hauling Vehicle, used exclusively for the mixing and
transportation of concrete, specially equipped with a road
surface engaging mixer trailing 4th axle, manufactured
prior to or in the model year of 2004 and first registered in
Illinois prior to January 1, 2005, with a distance greater
than 72 inches but not more than 96 inches between any series
of 2 axles may transmit to the road surface a maximum weight
of 18,000 pounds on each of these axles with a gross weight
on these 2 axles not to exceed 36,000 pounds. Any such
vehicle manufactured in the model year of 2004 or thereafter
or first registered in Illinois after December 31, 2004 may
transmit to the road surface a maximum of 32,000 pounds
through these 2 axles and none of the axles shall exceed
18,000 pounds.
A truck, not in combination and specially equipped with a
selfcompactor, or an industrial roll-off hoist and roll-off
container, used exclusively for garbage or refuse operations,
and a truck used exclusively for the collection of rendering
materials may, however, when laden, transmit upon the road
surface of any highway except when part of the National
System of Interstate and Defense Highways, a gross weight
upon a single axle not more than 22,000 pounds, and upon a
tandem axle not more than 40,000 pounds. When unladen,
however, those trucks shall comply with the axle limitations
applicable to all other trucks.
A 2 axle truck specially equipped with a front loading
compactor used exclusively for garbage, refuse, or recycling
may transmit 20,000 pounds per axle provided that the gross
weight of the vehicle does not exceed 40,000 pounds.
(b) The gross weight of vehicles and combination of
vehicles including the weight of the vehicle or combination
and its maximum load shall be subject to the foregoing
limitations and further shall not exceed the following gross
weights dependent upon the number of axles and distance
between extreme axles of the vehicle or combination measured
longitudinally to the nearest foot.
VEHICLES HAVING 2 AXLES ....................... 36,000 pounds
VEHICLES OR COMBINATIONS
HAVING 3 AXLES
With Tandem With or
Axles Without
Tandem Axles
Minimum Minimum
distance to Maximum distance to Maximum
nearest foot Gross nearest foot Gross
between Weight between Weight
extreme axles (pounds) extreme axles (pounds)
10 feet 41,000 16 feet 46,000
11 42,000 17 47,000
12 43,000 18 47,500
13 44,000 19 48,000
14 44,500 20 49,000
15 45,000 21 feet or more 50,000
VEHICLES OR COMBINATIONS
HAVING 4 AXLES
Minimum Minimum
distance to Maximum distance to Maximum
nearest foot Gross nearest foot Gross
between Weight between Weight
extreme axles (pounds) extreme axles (pounds)
15 feet 50,000 26 feet 57,500
16 50,500 27 58,000
17 51,500 28 58,500
18 52,000 29 59,500
19 52,500 30 60,000
20 53,500 31 60,500
21 54,000 32 61,500
22 54,500 33 62,000
23 55,500 34 62,500
24 56,000 35 63,500
25 56,500 36 feet or more 64,000
In applying the above table to a vehicle having more than
4 axles that is not in combination, only 4 axles shall be
considered in determining the maximum gross weights.
COMBINATIONS HAVING 5 OR MORE AXLES
Minimum distance to Maximum
nearest foot between Gross Weight
extreme axles (pounds)
42 feet or less 72,000
43 73,000
44 feet or more 73,280
VEHICLES OPERATING ON CRAWLER TYPE TRACKS ..... 40,000 pounds
TRUCKS EQUIPPED WITH SELFCOMPACTORS
OR ROLL-OFF HOISTS AND ROLL-OFF CONTAINERS FOR GARBAGE
OR REFUSE HAULS ONLY AND TRUCKS USED FOR
THE COLLECTION OF RENDERING MATERIALS
On Highway Not Part of National System
of Interstate and Defense Highways
with 2 axles 36,000 pounds
with 3 axles 54,000 pounds
TWO AXLE TRUCKS EQUIPPED WITH
A FRONT LOADING COMPACTOR USED EXCLUSIVELY
FOR THE COLLECTION OF GARBAGE, REFUSE, OR RECYCLING
with 2 axles 40,000 pounds
(c) Cities having a population of more than 50,000 may
permit by ordinance axle loads on 2 axle motor vehicles 33
1/2% above those provided for herein, but the increase shall
not become effective until the city has officially notified
the Department of the passage of the ordinance and shall not
apply to those vehicles when outside of the limits of the
city, nor shall the gross weight of any 2 axle motor vehicle
operating over any street of the city exceed 40,000 pounds.
(d) Weight limitations shall not apply to vehicles
(including loads) operated by a public utility when
transporting equipment required for emergency repair of
public utility facilities or properties or water wells.
A combination of vehicles, including a tow truck and a
disabled vehicle or disabled combination of vehicles, that
exceeds the weight restriction imposed by this Code, may be
operated on a public highway in this State provided that
neither the disabled vehicle nor any vehicle being towed nor
the tow truck itself shall exceed the weight limitations
permitted under this Chapter. During the towing operation,
neither the tow truck nor the vehicle combination shall
exceed the following axle weight limitations:
A. 24,000 pounds - Single rear axle;
B. 44,000 pounds - Tandem rear axle;
Gross weight limits shall not apply to the combination of
the tow truck and vehicles being towed. The tow truck
license plate must cover the operating empty weight of the
tow truck only. The weight of each vehicle being towed shall
be covered by a valid license plate issued to the owner or
operator of the vehicle being towed and displayed on that
vehicle. If no valid plate issued to the owner or operator of
that vehicle is displayed on that vehicle, or the plate
displayed on that vehicle does not cover the weight of the
vehicle, the weight of the vehicle shall be covered by the
third tow truck plate issued to the owner or operator of the
tow truck and temporarily affixed to the vehicle being towed.
In addition, the following conditions must be met:
(1) the towing vehicle must be:
a. specifically designed as a tow truck having
a gross vehicle weight rating of at least 18,000
lbs. and equipped with air brakes provided that air
brakes shall be required only if the towing vehicle
is towing a vehicle, semitrailer, or tractor-trailer
combination that is equipped with airbrakes;
b. equipped with flashing, rotating or
oscillating amber lights, visible for at least 500
feet in all directions; and
c. capable of utilizing the lighting and
braking systems of the disabled vehicle or
combination of vehicles.
(2) The towing of the vehicles on the highways of
this State shall not exceed 20 miles from the initial
point of wreck or disablement. Any additional movement of
the vehicles shall only occur upon issuance of
authorization for that movement under the provisions of
Sections 15-301 through 15-319 of this Chapter.
The Department may by rule or regulation prescribe
additional requirements. However, nothing in this Code shall
prohibit a tow truck under instructions of a police officer
from legally clearing a disabled vehicle, that may be in
violation of weight limitations of this Chapter, from the
roadway to the berm or shoulder of the highway.
For the purpose of this subsection, gross vehicle weight
rating, or GVWR, shall mean the value specified by the
manufacturer as the loaded weight of the tow truck.
(e) No vehicle or combination of vehicles equipped with
pneumatic tires shall be operated, unladen or with load, upon
the highways of this State in violation of the provisions of
any permit issued under the provisions of Sections 15-301
through 15-319 of this Chapter.
(f) Notwithstanding any other provision in this Code,
except for those provisions of subsection (d) of this Section
relating to emergency operations of public utilities and tow
trucks while actually engaged in the towing of a disabled
vehicle, and those vehicles for which the Department issues
overweight permits under authority of Section 15-301 of this
Code, the weight limitations contained in this subsection
shall apply to the National System of Interstate and Defense
Highways and other highways in the system of State highways
that have been designated by the Department as Class I, II,
or III. No vehicle shall be operated on the highways with a
weight in excess of 20,000 pounds carried on any one axle or
with a tandem axle weight in excess of 34,000 pounds, or a
gross weight in excess of 80,000 pounds for vehicle
combinations of 5 axles or more, or a gross weight on a group
of 2 or more consecutive axles in excess of that weight
produced by the application of the following formula:
W = 500 times the sum of (LN divided by N-1) + 12N + 36
Where "W" equals overall gross weight on any group of 2 or
more consecutive axles to the nearest 500 pounds; "L" equals
the distance measured to the nearest foot between extremes of
any group of 2 or more consecutive axles; and "N" equals the
number of axles in the group under consideration, except that
2 consecutive sets of tandem axles may carry a gross load of
34,000 pounds each, provided the overall distance between the
first and last axles of the consecutive sets of tandem axles
is 36 feet or more. Provided also that a 3-axle vehicle
registered as a Special Hauling Vehicle manufactured prior to
or in the model year of 2004, and first registered in
Illinois prior to January 1, 2005, with a distance greater
than 72 inches but not more than 96 inches between the 2 rear
axles may transmit to the road surface a maximum weight of
18,000 pounds on each of the 2 rear axles with a gross weight
on these 2 axles not to exceed 36,000 pounds. Any vehicle
registered as a Special Hauling Vehicle manufactured prior to
or in the model year of 2004 or thereafter or first
registered in Illinois after December 31, 2004, may transmit
to the road surface a maximum of 34,000 pounds through the 2
rear axles and neither of the rear axles shall exceed 20,000
pounds.
The above formula when expressed in tabular form results
in allowable loads as follows:
Distance measured
to the nearest
foot between the
extremes of any Maximum load in pounds
group of 2 or carried on any group of
more consecutive 2 or more consecutive axles
axles
feet 2 axles 3 axles 4 axles 5 axles 6 axles
4 34,000
5 34,000
6 34,000
7 34,000
8 38,000* 42,000
9 39,000 42,500
10 40,000 43,500
11 44,000
12 45,000 50,000
13 45,500 50,500
14 46,500 51,500
15 47,000 52,000
16 48,000 52,500 58,000
17 48,500 53,500 58,500
18 49,500 54,000 59,000
19 50,000 54,500 60,000
20 51,000 55,500 60,500 66,000
21 51,500 56,000 61,000 66,500
22 52,500 56,500 61,500 67,000
23 53,000 57,500 62,500 68,000
24 54,000 58,000 63,000 68,500
25 54,500 58,500 63,500 69,000
26 55,500 59,500 64,000 69,500
27 56,000 60,000 65,000 70,000
28 57,000 60,500 65,500 71,000
29 57,500 61,500 66,000 71,500
30 58,500 62,000 66,500 72,000
31 59,000 62,500 67,500 72,500
32 60,000 63,500 68,000 73,000
33 64,000 68,500 74,000
34 64,500 69,000 74,500
35 65,500 70,000 75,000
36 66,000 70,500 75,500
37 66,500 71,000 76,000
38 67,500 72,000 77,000
39 68,000 72,500 77,500
40 68,500 73,000 78,000
41 69,500 73,500 78,500
42 70,000 74,000 79,000
43 70,500 75,000 80,000
44 71,500 75,500
45 72,000 76,000
46 72,500 76,500
47 73,500 77,500
48 74,000 78,000
49 74,500 78,500
50 75,500 79,000
51 76,000 80,000
52 76,500
53 77,500
54 78,000
55 78,500
56 79,500
57 80,000
*If the distance between 2 axles is 96 inches or less, the 2
axles are tandem axles and the maximum load permitted is
34,000 pounds, notwithstanding the higher limit resulting
from the application of the formula.
In applying the above formula to a vehicle having more
than 4 axles that is not a combination, only 4 axles shall be
considered in determining the maximum gross weight, and for a
combination of vehicles having more than 6 axles, only 6
axles shall be considered in determining the maximum gross
weight.
Notwithstanding the above table, 2 consecutive sets of
tandem axles may carry a gross weight of 34,000 pounds each
if the overall distance between the first and last axles of
the consecutive sets of tandem axles is 36 feet or more.
Local authorities and road district highway
commissioners, with respect to streets and highways under
their jurisdiction, without additional fees, may also by
ordinance or resolution allow the weight limitations of this
subsection, provided the maximum gross weight on any one axle
shall not exceed 20,000 pounds and the maximum gross weight
on any tandem axle shall not exceed 34,000 pounds, on
designated highways when appropriate regulatory signs giving
notice are erected upon the street or highway or portion of
any street or highway affected by the ordinance or
resolution.
Combinations of vehicles, registered as Special Hauling
Vehicles that include a semitrailer manufactured prior to or
in the model year of 2004, and first registered in Illinois
prior to January 1, 2005, having 5 axles with a distance of
42 feet or less between extreme axles shall be limited to the
weights prescribed in subsections (a) and (b) of this Section
and not subject to the bridge formula on the National System
of Interstate and Defense Highways and other highways in the
system of State highways designated by the Department. For
all those combinations of vehicles, that include a
semitrailer manufactured after the effective date of this
amendatory Act of 1986, the overall distance between the
first and last axles of the 2 sets of tandems must be 18 feet
6 inches or more. All combinations of vehicles registered as
Special Hauling Vehicles that include a semitrailer
manufactured prior to or in the model year of 2004 or
thereafter or first registered in Illinois after December 31,
2004, or that has had its cargo container replaced in its
entirety after December 31, 2004, are limited to the gross
weight allowed by the above formula.
A truck not in combination, equipped with a self
compactor or an industrial roll-off hoist and roll-off
container, used exclusively for garbage or refuse operations,
shall be allowed the weights as prescribed in subsections (a)
and (b) of this Section and not subject to the bridge
formula, provided they are not operated on a highway that is
part of the Interstate and Defense Highway System.
Vehicles operating under this subsection shall have
access for a distance of one highway mile to or from a Class
I highway on any street or highway, unless there is a sign
prohibiting the access, or 5 highway miles to or from either
a Class I, II, or III highway on a street or highway included
in the system of State highways and upon any street or
highway designated by local authorities or road district
commissioners to points of loading and unloading and to
facilities for food, fuel, repairs and rest.
Section 5-35 of the Illinois Administrative Procedure Act
relating to procedures for rulemaking shall not apply to the
designation of highways under this subsection.
(g) No person shall operate a vehicle or combination of
vehicles over a bridge or other elevated structure
constituting part of a highway with a gross weight that is
greater than the maximum weight permitted by the Department,
when the structure is sign posted as provided in this
Section.
(h) The Department upon request from any local authority
shall, or upon its own initiative may, conduct an
investigation of any bridge or other elevated structure
constituting a part of a highway, and if it finds that the
structure cannot with safety to itself withstand the weight
of vehicles otherwise permissible under this Code the
Department shall determine and declare the maximum weight of
vehicles that the structures can withstand, and shall cause
or permit suitable signs stating maximum weight to be erected
and maintained before each end of the structure. No person
shall operate a vehicle or combination of vehicles over any
structure with a gross weight that is greater than the posted
maximum weight.
(i) Upon the trial of any person charged with a
violation of subsections (g) or (h) of this Section, proof of
the determination of the maximum allowable weight by the
Department and the existence of the signs, constitutes
conclusive evidence of the maximum weight that can be
maintained with safety to the bridge or structure.
(Source: P.A. 89-117, eff. 7-7-95; 89-433, eff. 12-15-95;
90-89, eff. 1-1-98; 90-330, eff. 8-8-97; revised 10-8-97.)
(625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
Sec. 15-301. Permits for excess size and weight.
(a) The Department with respect to highways under its
jurisdiction and local authorities with respect to highways
under their jurisdiction may, in their discretion, upon
application and good cause being shown therefor, issue a
special permit authorizing the applicant to operate or move a
vehicle or combination of vehicles of a size or weight of
vehicle or load exceeding the maximum specified in this Act
or otherwise not in conformity with this Act upon any highway
under the jurisdiction of the party granting such permit and
for the maintenance of which the party is responsible.
Applications and permits other than those in written or
printed form may only be accepted from and issued to the
company or individual making the movement. Except for an
application to move directly across a highway, it shall be
the duty of the applicant to establish in the application
that the load to be moved by such vehicle or combination is
composed of a single nondivisible object that cannot
reasonably be dismantled or disassembled. More than one
object may be carried under permit as long as the carriage of
the additional object or objects does not cause the size or
weight of the vehicle or load to exceed beyond that required
for carriage of the single, nondivisible object itself. For
the purpose of over length movements, more than one object
may be carried side by side as long as the height, width, and
weight laws are not exceeded and the cause for the over
length is not due to multiple objects. For the purpose of
over height movements, more than one object may be carried as
long as the cause for the over height is not due to multiple
objects and the length, width, and weight laws are not
exceeded. For the purpose of an over width movement, more
than one object may be carried as long as the cause for the
over width is not due to multiple objects and length, height,
and weight laws are not exceeded. No state or local agency
shall authorize the issuance of excess size or weight permits
for vehicles and loads that are divisible and that can be
carried, when divided, within the existing size or weight
maximums specified in this Chapter. Any excess size or
weight permit issued in violation of the provisions of this
Section shall be void at issue and any movement made
thereunder shall not be authorized under the terms of the
void permit. In any prosecution for a violation of this
Chapter when the authorization of an excess size or weight
permit is at issue, it is the burden of the defendant to
establish that the permit was valid because the load to be
moved could not reasonably be dismantled or disassembled, or
was otherwise nondivisible.
(b) The application for any such permit shall: (1) state
whether such permit is requested for a single trip or for
limited continuous operation; (2) state if the applicant is
an authorized carrier under the Illinois Motor Carrier of
Property Law, if so, his certificate, registration or permit
number issued by the Illinois Commerce Commission; (3)
specifically describe and identify the vehicle or vehicles
and load to be operated or moved except that for vehicles or
vehicle combinations registered by the Department as provided
in Section 15-319 of this Chapter, only the Illinois
Department of Transportation's (IDT) registration number or
classification need be given; (4) state the routing requested
including the points of origin and destination, and may
identify and include a request for routing to the nearest
certified scale in accordance with the Department's rules and
regulations, provided the applicant has approval to travel on
local roads; and (5) state if the vehicles or loads are being
transported for hire. No permits for the movement of a
vehicle or load for hire shall be issued to any applicant who
is required under the Illinois Motor Carrier of Property Law
to have a certificate, registration or permit and does not
have such certificate, registration or permit.
(c) The Department or local authority when not
inconsistent with traffic safety is authorized to issue or
withhold such permit at its discretion; or, if such permit is
issued at its discretion to prescribe the route or routes to
be traveled, to limit the number of trips, to establish
seasonal or other time limitations within which the vehicles
described may be operated on the highways indicated, or
otherwise to limit or prescribe conditions of operations of
such vehicle or vehicles, when necessary to assure against
undue damage to the road foundations, surfaces or structures,
and may require such undertaking or other security as may be
deemed necessary to compensate for any injury to any roadway
or road structure. The Department shall maintain a daily
record of each permit issued along with the fee and the
stipulated dimensions, weights, conditions and restrictions
authorized and this record shall be presumed correct in any
case of questions or dispute. The Department shall install an
automatic device for recording applications received and
permits issued by telephone. In making application by
telephone, the Department and applicant waive all objections
to the recording of the conversation.
(d) The Department shall, upon application in writing
from any local authority, issue an annual permit authorizing
the local authority to move oversize highway construction,
transportation, utility and maintenance equipment over roads
under the jurisdiction of the Department. The permit shall be
applicable only to equipment and vehicles owned by or
registered in the name of the local authority, and no fee
shall be charged for the issuance of such permits.
(e) As an exception to paragraph (a) of this Section,
the Department and local authorities, with respect to
highways under their respective jurisdictions, in their
discretion and upon application in writing may issue a
special permit for limited continuous operation, authorizing
the applicant to move loads of sweet corn, soybeans, corn,
wheat, milo, other small grains and ensilage during the
harvest season only on a 2 axle single vehicle registered by
the Secretary of State with axle loads not to exceed 35%
above those provided in Section 15-111. Permits may be issued
for a period not to exceed 40 days and moves may be made of a
distance not to exceed 25 miles from a field to a specified
processing plant over any highway except the National System
of Interstate and Defense Highways. All such vehicles shall
be operated in the daytime except when weather or crop
conditions require emergency operation at night, but with
respect to such night operation, every such vehicle with load
shall be equipped with flashing amber lights as specified
under Section 12-215. Upon a declaration by the Governor that
an emergency harvest situation exists, a special permit
issued by the Department under this Section shall not be
required from September 1 through December 31 during harvest
season emergencies, provided that the weight does not exceed
20% above the limits provided in Section 15-111. All other
restrictions that apply to permits issued under this Section
shall apply during the declared time period. With respect to
highways under the jurisdiction of local authorities, the
local authorities may, at their discretion, waive special
permit requirements during harvest season emergencies. This
permit exemption shall apply to all vehicles eligible to
obtain permits under this Section, including commercial
vehicles in use during the declared time period.
(f) The form and content of the permit shall be
determined by the Department with respect to highways under
its jurisdiction and by local authorities with respect to
highways under their jurisdiction. Every permit shall be in
written form and carried in the vehicle or combination of
vehicles to which it refers and shall be open to inspection
by any police officer or authorized agent of any authority
granting the permit and no person shall violate any of the
terms or conditions of such special permit. Violation of the
terms and conditions of the permit shall not be deemed a
revocation of the permit; however, any vehicle and load found
to be off the route prescribed in the permit shall be held to
be operating without a permit. Any off route vehicle and
load shall be required to obtain a new permit or permits, as
necessary, to authorize the movement back onto the original
permit routing. No rule or regulation, nor anything herein
shall be construed to authorize any police officer, court, or
authorized agent of any authority granting the permit to
remove the permit from the possession of the permittee unless
the permittee is charged with a fraudulent permit violation
as provided in paragraph (i). However, upon arrest for an
offense of violation of permit, operating without a permit
when the vehicle is off route, or any size or weight offense
under this Chapter when the permittee plans to raise the
issuance of the permit as a defense, the permittee, or his
agent, must produce the permit at any court hearing
concerning the alleged offense.
If the permit designates and includes a routing to a
certified scale, the permitee, while enroute to the
designated scale, shall be deemed in compliance with the
weight provisions of the permit provided the axle or gross
weights do not exceed any of the permitted limits by more
than the following amounts:
Single axle 2000 pounds
Tandem axle 3000 pounds
Gross 5000 pounds
(g) The Department is authorized to adopt, amend, and to
make available to interested persons a policy concerning
reasonable rules, limitations and conditions or provisions of
operation upon highways under its jurisdiction in addition to
those contained in this Section for the movement by special
permit of vehicles, combinations, or loads which cannot
reasonably be dismantled or disassembled, including
manufactured and modular home sections and portions thereof.
All rules, limitations and conditions or provisions adopted
in the policy shall have due regard for the safety of the
traveling public and the protection of the highway system and
shall have been promulgated in conformity with the provisions
of the Illinois Administrative Procedure Act. The
requirements of the policy for flagmen and escort vehicles
shall be the same for all moves of comparable size and
weight. When escort vehicles are required, they shall meet
the following requirements:
(1) All operators shall be 18 years of age or over
and properly licensed to operate the vehicle.
(2) Vehicles escorting oversized loads more than
12-feet wide must be equipped with a rotating or flashing
amber light mounted on top as specified under Section
12-215.
The Department shall establish reasonable rules and
regulations regarding liability insurance or self insurance
for vehicles with oversized loads promulgated under The
Illinois Administrative Procedure Act. Police vehicles may be
required for escort under circumstances as required by rules
and regulations of the Department.
(h) Violation of any rule, limitation or condition or
provision of any permit issued in accordance with the
provisions of this Section shall not render the entire permit
null and void but the violator shall be deemed guilty of
violation of permit and guilty of exceeding any size, weight
or load limitations in excess of those authorized by the
permit. The prescribed route or routes on the permit are not
mere rules, limitations, conditions, or provisions of the
permit, but are also the sole extent of the authorization
granted by the permit. If a vehicle and load are found to be
off the route or routes prescribed by any permit authorizing
movement, the vehicle and load are operating without a
permit. Any off route movement shall be subject to the size
and weight maximums, under the applicable provisions of this
Chapter, as determined by the type or class highway upon
which the vehicle and load are being operated.
(i) Whenever any vehicle is operated or movement made
under a fraudulent permit the permit shall be void, and the
person, firm, or corporation to whom such permit was granted,
the driver of such vehicle in addition to the person who
issued such permit and any accessory, shall be guilty of
fraud and either one or all persons may be prosecuted for
such violation. Any person, firm, or corporation committing
such violation shall be guilty of a Class 4 felony and the
Department shall not issue permits to the person, firm or
corporation convicted of such violation for a period of one
year after the date of conviction. Penalties for violations
of this Section shall be in addition to any penalties imposed
for violation of other Sections of this Act.
(j) Whenever any vehicle is operated or movement made in
violation of a permit issued in accordance with this Section,
the person to whom such permit was granted, or the driver of
such vehicle, is guilty of such violation and either, but not
both, persons may be prosecuted for such violation as stated
in this subsection (j). Any person, firm or corporation
convicted of such violation shall be guilty of a petty
offense and shall be fined for the first offense, not less
than $50 nor more than $200 and, for the second offense by
the same person, firm or corporation within a period of one
year, not less than $200 nor more than $300 and, for the
third offense by the same person, firm or corporation within
a period of one year after the date of the first offense, not
less than $300 nor more than $500 and the Department shall
not issue permits to the person, firm or corporation
convicted of a third offense during a period of one year
after the date of conviction for such third offense.
(k) Whenever any vehicle is operated on local roads
under permits for excess width or length issued by local
authorities, such vehicle may be moved upon a State highway
for a distance not to exceed one-half mile without a permit
for the purpose of crossing the State highway.
(l) Notwithstanding any other provision of this Section,
the Department, with respect to highways under its
jurisdiction, and local authorities, with respect to highways
under their jurisdiction, may at their discretion authorize
the movement of a vehicle in violation of any size or weight
requirement, or both, that would not ordinarily be eligible
for a permit, when there is a showing of extreme necessity
that the vehicle and load should be moved without unnecessary
delay.
For the purpose of this subsection, showing of extreme
necessity shall be limited to the following: shipments of
livestock, hazardous materials, liquid concrete being hauled
in a mobile cement mixer, or hot asphalt.
(m) Penalties for violations of this Section shall be in
addition to any penalties imposed for violating any other
Section of this Code.
(Source: P.A. 90-89, eff. 1-1-98; 90-228, eff. 7-25-97;
revised 10-8-97.)
(625 ILCS 5/16-102.5)
Sec. 16-102.5. Enforcement by municipality.
(a) If a municipality adopts an ordinance similar to
subsection (f) of Section 3-413 of this Code, any person that
a municipality designates to enforce ordinances regulating
the standing or parking of vehicles shall have the authority
to enforce the provisions of subsection (f) of Section 3-413
of this Code or the similar local ordinance. However, the
authority to enforce subsection (f) of Section 3-413 of this
Code or a similar local ordinance shall not be given to an
appointed volunteer or private or public entity under
contract contact to enforce person with disabilities parking
laws.
(b) To enforce the provisions of subsection (f) of
Section 3-413 of this Code or a similar local ordinance, a
municipality shall impose a fine not exceeding $25.
(Source: P.A. 90-513, eff. 8-22-97; revised 11-17-97.)
(625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
Sec. 18b-105. Rules and Regulations.
(a) The Department is authorized to make and adopt
reasonable rules and regulations and orders consistent with
law necessary to carry out the provisions of this Chapter.
(b) The following parts of Title 49 of the Code of
Federal Regulations, as now in effect, are hereby adopted by
reference as though they were set out in full:
Part 390-Federal Motor Carrier Safety Regulations:
General;
Part 391-Qualifications of Drivers;
Part 392-Driving of Motor Vehicles;
Part 393-Parts and Accessories Necessary for Safe
Operation;
Part 395-Hours of Service of Drivers; and
Part 396-Inspection, Repair and Maintenance.
(c) The following parts and Sections of the Federal
Motor Carrier Safety Regulations shall not apply to those
intrastate carriers, drivers or vehicles subject to
subsection (b).
(1) Section 393.93 of Part 393 for those vehicles
manufactured before June 30, 1972.
(2) Section 393.86 of Part 393 for those vehicles
which are registered as farm trucks under subsection (c)
of Section 3-815 of The Illinois Vehicle Code.
(3) (Blank).
(4) (Blank).
(5) Paragraph (b)(1) of Section 391.11 of Part 391.
(6) All of Part 395 for all agricultural movements
as defined in Chapter 1, between the period of February
15 through June 30 each year, and all farm to market
agricultural transportation as defined in Chapter 1 and
for grain hauling operations within a radius of 200 air
miles of the normal work reporting location.
(7) Paragraphs (b)(3) (insulin dependent diabetic)
and (b)(10) (minimum visual acuity) of Section 391.41 of
part 391, but only for any driver who immediately prior
to July 29, 1986 was eligible and licensed to operate a
motor vehicle subject to this Section and was engaged in
operating such vehicles, and who was disqualified on July
29, 1986 by the adoption of Part 391 by reason of the
application of paragraphs (b)(3) and (b)(10) of Section
391.41 with respect to a physical condition existing at
that time unless such driver has a record of accidents
which would indicate a lack of ability to operate a motor
vehicle in a safe manner.
(d) Intrastate carriers subject to the recording
provisions of Section 395.8 of Part 395 of the Federal Motor
Carrier Safety Regulations shall be exempt as established
under paragraph (1) of Section 395.8; provided, however, for
the purpose of this Code, drivers shall operate within a 150
air-mile radius of the normal work reporting location to
qualify for exempt status.
(e) Regulations adopted by the Department subsequent to
those adopted under subsection (b) hereof shall be identical
in substance to the Federal Motor Carrier Safety Regulations
of the United States Department of Transportation and adopted
in accordance with the procedures for rulemaking in Section
5-35 of the Illinois Administrative Procedure Act.
(Source: P.A. 90-89, eff. 1-1-98; 90-228, eff. 7-25-97;
revised 10-8-97.)
(625 ILCS 5/18c-3203) (from Ch. 95 1/2, par. 18c-3203)
Sec. 18c-3203. Filing, publishing and posting of tariffs
and schedules.
(1) General requirement of filing, publication and
posting. Each common carrier of household goods or passengers
shall file, publish, and make available for public inspection
its current tariffs (other than rail contract rate tariffs).
Copies of such tariffs shall be provided by the carrier to
any member of the public on request and at a reasonable cost.
Each contract carrier of household goods shall file its
current schedule of rates and provisions.
(2) Tariff and schedule specifications. Tariffs and
schedules filed in accordance with this subsection shall be
in such form and contain such information as the Commission
may specify. The Commission may, by special permission for
good cause shown, grant permission to deviate from its tariff
and schedule regulations.
(3) Rejection of tariffs and schedules. The Commission
may, at any time prior to the effective date of a tariff or
schedule, reject or suspend a tariff or schedule which does
not conform to its specifications or which on its face is in
violation of this Chapter, Commission regulations or orders.
(4) Right of independent action. Each carrier subject
to this Chapter shall have the individual right to publish,
file, and post any rate for transportation provided by such
carrier or in connection with any other carrier.; No carrier
shall be a member of any bureau, tariff publishing agency, or
other organization which, directly or indirectly, prohibits
such carrier from publishing and filing any rate or which
requires that such rate be by published or and/or filed by
the bureau, publishing agency, or other organization.
(Source: P.A. 89-444, eff. 1-25-96; revised 12-18-97.)
(625 ILCS 5/18c-6302) (from Ch. 95 1/2, par. 18c-6302)
Sec. 18c-6302. Definitions. The following terms, when
used in this Article, shall have the hereinafter designated
meanings.
(1) "Addition" to service means that the institution of
new scheduled service.
(2) "Change" in service means a change in the time or
times of scheduled service which does not constitute a
reduction or discontinuance of service.
(3) "Reduction" of service means any reduction in the
level of scheduled service which does not constitute
discontinuance of the carrier's service.
(4) "Discontinuance" of service means total
discontinuance of service to any point along a route over
which the carrier is authorized to provide service or
reduction in the level of service to any such point to less
than one round trip per weekday (Monday through Friday).
(Source: P.A. 84-796; revised 12-18-97.)
(625 ILCS 5/18c-7503) (from Ch. 95 1/2, par. 18c-7503)
Sec. 18c-7503. Trespass on Railroad Rights of Way and
Yards. (1) Trespass on Rights of Way and Yards Prohibited.
(a) General Prohibition. Except as otherwise provided
in paragraph (b) of this subsection, no person may walk,
ride, drive or be upon or along the right of way or rail yard
of a rail carrier within the State, at a place other than a
public crossing.
(b) Exceptions. This subsection shall not apply to:
(i) passengers on trains or employees of a rail carrier;
(ii) an authorized representative of rail carrier
employees, while performing required duties in accordance
with reasonable rail carrier company guidelines;
(iii) a person going upon the right of way or into the
rail yard to save human life or to protect property;
(iv) a person being on the station grounds or in the
depot of the rail carrier for the purpose of transacting
business;
(v) a person, his family, or his employees or agents
going across a farm crossing, as defined in this Chapter, for
the purpose of crossing from one part to another part of a
farm he owns or leases, where the farm lies on both sides of
the right of way;
(vi) a person having written permission from the rail
carrier to go upon the right of way or into the rail yard;
and
(vii) representatives of state and federal governmental
agencies in performance of their official duties.
(2) Penalties. Violation of this Section shall subject
the violator to a fine line of not more than $500.
(3) Definition. For purposes of this Section, a "right
of way" means the track or roadbed owned or leased by a rail
carrier which is located on either side of its tracks and
which is readily recognizable to a reasonable person as being
rail carrier property or is reasonably identified as such by
fencing or appropriate signs.
(Source: P.A. 84-796; revised 12-18-97.)
Section 154. The Boat Registration and Safety Act is
amended by changing Sections 5-16 and 5-19 as follows:
(625 ILCS 45/5-16)
Sec. 5-16. Operating a watercraft under the influence of
alcohol, other drug, or combination thereof.
(A) 1. A person shall not operate any watercraft within
this State while:
(a) The alcohol concentration in such person's
blood or breath is a concentration at which driving a
motor vehicle is prohibited under subdivision (1) of
subsection (a) of Section 11-501 of the Illinois Vehicle
Code;
(b) Under the influence of alcohol;
(c) Under the influence of any other drug or
combination of drugs to a degree which renders such
person incapable of safely operating any watercraft;
(d) Under the combined influence of alcohol and any
other drug or drugs to a degree which renders such person
incapable of safely operating a watercraft; or
(e) There is any amount of a drug, substance, or
compound in the person's blood or urine resulting from
the unlawful use or consumption of cannabis as defined in
the Cannabis Control Act or a controlled substance listed
in the Illinois Controlled Substances Act.
2. The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, or
other drugs, or any combination of both, shall not constitute
a defense against any charge of violating this Section.
3. Every person convicted of violating this Section
shall be guilty of a Class A misdemeanor, except as otherwise
provided in this Section.
4. Every person convicted of violating this Section
shall be guilty of a Class 4 felony if:
(a) He has a previous conviction under this
Section; or
(b) The offense results in personal injury where a
person other than the operator suffers great bodily harm
or permanent disability or disfigurement.
5. Every person convicted of violating this Section
shall be guilty of a Class 3 felony if the offense results in
the death of a person.
6. (a) In addition to any criminal penalties imposed,
the Department of Natural Resources shall suspend the
watercraft operation privileges of any person convicted of a
misdemeanor under this Section for a period of one year.
(b) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend the watercraft
operation privileges of any person convicted of a felony
under this Section for a period of 3 years.
(B) 1. Any person who operates any watercraft upon the
waters of this State shall be deemed to have given consent to
a chemical test or tests of blood, breath or urine for the
purpose of determining the alcohol, other drug, or
combination thereof content of such person's blood if
arrested for any offense of subsection (A) above. The test or
tests shall be administered at the direction of the arresting
officer.
2. Any person who is dead, unconscious or who is
otherwise in a condition rendering such person incapable of
refusal, shall be deemed not to have withdrawn the consent
provided above.
3. A person requested to submit to a test as provided
above shall be verbally advised by the law enforcement
officer requesting the test that a refusal to submit to the
test will result in suspension of such person's privilege to
operate a watercraft. Following this warning, if a person
under arrest refuses upon the request of a law enforcement
officer to submit to a test designated by the officer, none
shall be given, but the law enforcement officer shall file
with the clerk of the circuit court for the county in which
the arrest was made, a sworn statement naming the person
refusing to take and complete the test or tests requested
under the provisions of this Section. Such sworn statement
shall identify the arrested person, such person's current
residence address and shall specify that a refusal by such
person to take the test or tests was made. Such sworn
statement shall include a statement that the arresting
officer had reasonable cause to believe the person was
operating the watercraft within this State while under the
influence of alcohol, other drug, or combination thereof and
that such test or tests were made as an incident to and
following the lawful arrest for an offense as defined in this
Section or a similar provision of a local ordinance, and that
the person after being arrested for an offense arising out of
acts alleged to have been committed while so operating a
watercraft refused to submit to and complete a test or tests
as requested by the law enforcement officer.
The clerk shall thereupon notify such person in writing
that the person's privilege to operate a watercraft will be
suspended unless, within 28 days from the date of mailing of
the notice, such person shall request in writing a hearing
thereon; if the person desires a hearing, such person shall
file a complaint in the circuit court for and in the county
in which such person was arrested for such hearing. Such
hearing shall proceed in the court in the same manner as
other civil proceedings, shall cover only the issues of
whether the person was placed under arrest for an offense as
defined in this Section or a similar provision of a local
ordinance as evidenced by the issuance of a uniform citation;
whether the arresting officer had reasonable grounds to
believe that such person was operating a watercraft while
under the influence of alcohol, other drug, or combination
thereof; and whether such person refused to submit and
complete the test or tests upon the request of the law
enforcement officer. Whether the person was informed that
such person's privilege to operate a watercraft would be
suspended if such person refused to submit to the test or
tests shall not be an issue.
If the court finds against the person on the issues
before the court, the clerk shall immediately notify the
Department of Natural Resources of the court's decision, and
the Department shall suspend the watercraft operation
privileges of the person for at least 2 years.
4. A person must submit to each test offered by the law
enforcement officer in order to comply with the implied
consent provisions of this Section.
5. The provisions of Section 11-501.2 of the Illinois
Vehicle Code, as amended, concerning the certification and
use of chemical tests apply to the use of such tests under
this Section.
(C) Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed
by any person while operating a watercraft while under the
influence of alcohol, the concentration of alcohol in the
person's blood or breath at the time alleged as shown by
analysis of a person's blood, urine, breath, or other bodily
substance shall give rise to the presumptions specified in
subdivisions 1, 2, and 3 of subsection (b) of Section
11-501.2 of the Illinois Vehicle Code. The foregoing
provisions of this subsection (C) shall not be construed as
limiting the introduction of any other relevant evidence
bearing upon the question whether the person was under the
influence of alcohol.
(D) If a person under arrest refuses to submit to a
chemical test under the provisions of this Section, evidence
of refusal shall be admissible in any civil or criminal
action or proceeding arising out of acts alleged to have been
committed while the person under the influence of alcohol, or
other drugs, or combination of both was operating a
watercraft.
(E) The owner of any watercraft or any person given
supervisory authority over a watercraft, may not knowingly
permit a watercraft to be operated by any person under the
influence of alcohol, other drug, or combination thereof.
(F) Whenever any person is convicted of a violation of
this Section, the court shall notify the Division of Law
Enforcement of the Department of Natural Resources, to
provide the Department with the records essential for the
performance of the Department's duties to monitor and enforce
any order of suspension or revocation concerning the
privilege to operate a watercraft.
(G) No person who has been arrested and charged for
violating paragraph 1 of subsection (A) of this Section shall
operate any watercraft within this State for a period of 6
hours after such arrest.
(Source: P.A. 89-445, eff. 2-7-96; 90-215, eff. 1-1-98;
revised 10-9-97.)
(625 ILCS 45/5-19) (from Ch. 95 1/2, par. 315-14)
Sec. 5-19. Skin diving.
(A) 1. No person may engage in underwater diving or
swimming with the use of swimming fins or skin diving in
waters other than marked swimming areas or within 150 feet of
shoreline.
2. No person may engage in underwater diving or swimming
with the use of self-contained underwater breathing apparatus
in waters other than marked swimming areas, unless the
location of such diving or swimming is distinctly marked by a
diver's flag, not less than 12 inches high and 15 inches
long, displaying one diagonal white stripe 3 inches wide on a
red background, and of a height above the water so as to be
by clearly apparent at a distance of 100 yards under normal
conditions, and so designed and displayed as to be visible
from any point on the horizon.
3. Except in case of emergency, anyone engaging in such
diving or swimming shall not rise to the surface outside of a
radius of 50 feet from such flag.
4. No person engaged in such diving or swimming shall
interfere with the operation of anyone fishing, nor engage in
such diving or swimming in established traffic lanes; nor
shall any person acting alone, or with another, intentionally
or unintentionally block or obstruct any boat in any manner
from proceeding to its destination where a reasonable
alternative is unavailable. A reasonable alternative route
is available when the otherwise unobstructed boat can proceed
to its destination without reducing its lawful speed, by
passing to the right or to the left of a marked diving
operation.
(B) An alternate flag recognized and approved by the
United States Coast Guard may be substituted for the flag
required in subsection (A)2 of this Section.
(C) No watercraft shall be operated within 150 feet of a
diving flag except for watercraft directly associated with
that diving activity.
(Source: P.A. 87-895; revised 12-18-97.)
Section 155. The Clerks of Courts Act is amended by
setting forth and renumbering multiple versions of Section
27.7 as follows:
(705 ILCS 105/27.7)
Sec. 27.7. Children's waiting room. The expense of
establishing and maintaining a children's waiting room for
children whose parents or guardians are attending a court
hearing as a litigant, witness, or for other court purposes
as determined by the court may be borne by the county. To
defray that expense in any county having established a
children's waiting room or that elects to establish such a
system, the county board may require the clerk of the circuit
court in the county to charge and collect a children's
waiting room fee of not more than $5. The fee shall be paid
at the time of filing the first pleading, paper, or other
appearance filed by each party in all civil cases. No
additional fee shall be required if more than one party is
presented in a single pleading, paper, or other appearance.
The fee shall be collected in the manner in which all other
fees or costs are collected.
Each clerk shall commence the charges and collection upon
receipt of written notice from the chairman of the county
board together with a certified copy of the board's
resolution. The clerk shall file the resolution of record in
his or her office.
The fees shall be in addition to all other fees and
charges of the clerks, shall be assessable as costs, and may
be waived only if the judge specifically provides for the
waiver of the children's waiting room fee. The fees shall be
remitted monthly by the clerk to the county treasurer, to be
retained by the treasurer in a special fund designated as the
children's waiting room fund. The fund shall be audited by
the county auditor, and the county board shall make
expenditure from the fund in payment of any cost related to
the establishment and maintenance of the children's waiting
room, including personnel, heat, light, telephone, security,
rental of space, or any other item in connection with the
operation of a children's waiting room.
The fees shall not be charged in any matter coming to the
clerk on a change of venue, nor in any proceeding to review
the decision of any administrative officer, agency, or body.
(Source: P.A. 89-717, eff. 1-1-98; 90-117, eff. 1-1-98.)
(705 ILCS 105/27.8)
Sec. 27.8. 27.7. Annual audit.
(a) Beginning with fiscal years ending in 1999 and all
fiscal years thereafter, in addition to any other audits
required by law, the county board of each county shall cause
an audit of the office of the circuit clerk to be made
annually at the close of the county's fiscal year by a
licensed public accountant. The county auditor and his or
her staff may assist with the audit. The audit shall consist
of a letter report that expresses an opinion on the financial
statements of the circuit clerk, a letter report that
expresses an opinion on internal controls of the circuit
clerk, a letter report on the circuit clerk's compliance with
applicable statutes, rules, and procedures relating to
assessment, collection, and distribution of funds, including
the timeliness of those actions, any documentation or
statements necessary to support the findings and opinions of
the auditors, and any supplemental schedules or other
documents required by the audit guidelines. A listing of
applicable legal requirements shall be compiled by the
Administrative Office of the Illinois Courts and made
available to auditors for their compliance testing.
The county board may include additional requirements in
the audit.
(b) The audits shall be completed in accordance with
generally accepted government auditing standards and
generally accepted auditing standards. The audit shall be
completed within 6 months after the end of the fiscal year.
The county board may grant an extension of up to 6 months for
the completion of the audit.
(c) The expenses of conducting and filing the audit
shall be paid by the county from the circuit clerk's
appropriations, and the county board shall make provisions
for the payment unless another person or entity agrees, in
writing, to pay the expenses.
(d) The audit shall be filed with the Administrative
Office of the Illinois Courts, the State Comptroller, the
circuit clerk, and the county board within one month after
the completion of the audit.
(e) The Administrative Office of the Illinois Courts
shall disseminate auditing guidelines to the county boards
and the circuit clerks. The Auditor General's Office shall
update, with the assistance of the Administrative Office of
the Illinois Courts, the auditing guidelines as necessary
from time to time. Revised guidelines shall be available to
the Administrative Office of the Illinois Courts for
dissemination to the county boards and the circuit clerks.
(f) The auditing requirements of this Section may be
included in the audit required by Section 6-31003 of the
Counties Code.
(g) This Section is intended to require a comprehensive
audit of the circuit clerks and to eliminate duplicative
audits of the circuit clerk. The audit performed under this
Section shall be available, upon request, to the public.
(Source: P.A. 90-350, eff. 1-1-98; revised 11-19-97.)
(705 ILCS 105/27.9)
Sec. 27.9. 27.7. Frivolous lawsuits filed by prisoners.
(a) The fees of the clerks of the circuit court shall
not be waived for a petitioner who is a prisoner in an
Illinois Department of Corrections facility who files a
pleading, motion, or other filing which purports to be a
legal document in a lawsuit seeking post-conviction relief
under Article 122 of the Code of Criminal Procedure of 1963,
pursuant to Section 116-3 of the Code of Criminal Procedure
of 1963, or in a habeas corpus action under Article X of the
Code of Civil Procedure and the defendant is the State, the
Illinois Department of Corrections, or the Prisoner Review
Board or any of their officers or employees, and the court
makes a specific finding that the pleading, motion, or other
filing which purports to be a legal document is frivolous.
(b) "Frivolous" means that a pleading, motion, or other
filing which purports to be a legal document filed by a
prisoner in his or her lawsuit meets any or all of the
following criteria:
(1) it lacks an arguable basis either in law or in
fact;
(2) it is being presented for any improper purpose,
such as to harass or to cause unnecessary delay or
needless increase in the cost of litigation;
(3) the claims, defenses, and other legal
contentions therein are not warranted by existing law or
by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(4) the allegations and other factual contentions
do not have evidentiary support or, if specifically so
identified, are not likely to have evidentiary support
after a reasonable opportunity for further investigation
or discovery; or
(5) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
(Source: P.A. 90-505, eff. 8-19-97; revised 11-19-97.)
Section 156. The Juvenile Court Act of 1987 is amended
by changing Sections 1-3, 1-8, 2-10, 2-14, 2-22, 2-23, 2-25,
2-27, 2-28, 2-28.01, 2-28.1, 2-31, 3-26, 3-33, 4-23, and 6-9
as follows:
(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
Sec. 1-3. Definitions. Terms used in this Act, unless
the context otherwise requires, have the following meanings
ascribed to them:
(1) Adjudicatory hearing. "Adjudicatory hearing" means a
hearing to determine whether the allegations of a petition
under Section 2-13, 3-15 or 4-12 that a minor under 18 years
of age is abused, neglected or dependent, or requires
authoritative intervention, or addicted, respectively, are
supported by a preponderance of the evidence or whether the
allegations of a petition under Section 5-13 that a minor is
delinquent are proved beyond a reasonable doubt.
(2) Adult. "Adult" means a person 21 years of age or
older.
(3) Agency. "Agency" means a public or private child
care facility legally authorized or licensed by this State
for placement or institutional care or for both placement and
institutional care.
(4) Association. "Association" means any organization,
public or private, engaged in welfare functions which include
services to or on behalf of children but does not include
"agency" as herein defined.
(4.05) Best Interests. Whenever a "best interest"
determination is required, the following factors shall be
considered in the context of the child's age and
developmental needs:
(a) the physical safety and welfare of the child,
including food, shelter, health, and clothing;
(b) the development of the child's identity;
(c) the child's background and ties, including familial,
racial, cultural, and religious;
(d) the child's sense of attachments, including:
(i) where the child actually feels love,
attachment, and a sense of being valued (as opposed to
where adults believe the child should feel such love,
attachment, and a sense of being valued);
(ii) the child's sense of security;
(iii) the child's sense of familiarity;
(iv) continuity of affection for the child;
(v) the least disruptive placement alternative for
the child;
(e) the child's wishes and long-term goals;
(f) the child's community ties, including church,
school, and friends;
(g) permanence for the child;
(h) the uniqueness of every family and child;
(i) the risks attendant to entering and being in
substitute care; and
(j) the preferences of the persons available to care for
the child.
(4.1) Chronic truant. "Chronic truant" shall have the
definition ascribed to it in Section 26-2a of the School
Code.
(5) Court. "Court" means the circuit court in a session
or division assigned to hear proceedings under this Act.
(6) Dispositional hearing. "Dispositional hearing" means
a hearing to determine whether a minor should be adjudged to
be a ward of the court, and to determine what order of
disposition should be made in respect to a minor adjudged to
be a ward of the court.
(7) Emancipated minor. "Emancipated minor" means any
minor 16 years of age or over who has been completely or
partially emancipated under the "Emancipation of Mature
Minors Act", enacted by the Eighty-First General Assembly, or
under this Act.
(8) Guardianship of the person. "Guardianship of the
person" of a minor means the duty and authority to act in the
best interests of the minor, subject to residual parental
rights and responsibilities, to make important decisions in
matters having a permanent effect on the life and development
of the minor and to be concerned with his or her general
welfare. It includes but is not necessarily limited to:
(a) the authority to consent to marriage, to
enlistment in the armed forces of the United States, or
to a major medical, psychiatric, and surgical treatment;
to represent the minor in legal actions; and to make
other decisions of substantial legal significance
concerning the minor;
(b) the authority and duty of reasonable
visitation, except to the extent that these have been
limited in the best interests of the minor by court
order;
(c) the rights and responsibilities of legal
custody except where legal custody has been vested in
another person or agency; and
(d) the power to consent to the adoption of the
minor, but only if expressly conferred on the guardian in
accordance with Section 2-29, 3-30, 4-27 or 5-31.
(9) Legal custody. "Legal custody" means the
relationship created by an order of court in the best
interests of the minor which imposes on the custodian the
responsibility of physical possession of a minor and the duty
to protect, train and discipline him and to provide him with
food, shelter, education and ordinary medical care, except as
these are limited by residual parental rights and
responsibilities and the rights and responsibilities of the
guardian of the person, if any.
(10) Minor. "Minor" means a person under the age of 21
years subject to this Act.
(11) Parents. "Parent" means the father or mother of a
child and includes any adoptive parent. It also includes the
father whose paternity is presumed or has been established
under the law of this or another jurisdiction. It does not
include a parent whose rights in respect to the minor have
been terminated in any manner provided by law.
(11.1) "Permanency goal" means a goal set by the court
as defined in subdivision (2)(c) of Section 2-28 or
subsection (c) of Section 2-28.01 or in counties with a
population of 3,000,000 or more, a goal ordered by a judge.
(11.2) "Permanency hearing" means a hearing to review
and determine (i) the appropriateness of the permanency goal,
(ii) the appropriateness of the services contained in the
plan and whether those services have been provided, (iii)
whether reasonable efforts have been made by all the parties
to the service plan to achieve the goal, and (iv) whether the
plan and goal have been achieved.
(12) Petition. "Petition" means the petition provided
for in Section 2-13, 3-15, 4-12 or 5-13, including any
supplemental petitions thereunder in Section 3-15, 4-12 or
5-13.
(13) Residual parental rights and responsibilities.
"Residual parental rights and responsibilities" means those
rights and responsibilities remaining with the parent after
the transfer of legal custody or guardianship of the person,
including, but not necessarily limited to, the right to
reasonable visitation (which may be limited by the court in
the best interests of the minor as provided in subsection
(8)(b) of this Section), the right to consent to adoption,
the right to determine the minor's religious affiliation, and
the responsibility for his support.
(14) Shelter. "Shelter" means the temporary care of a
minor in physically unrestricting facilities pending court
disposition or execution of court order for placement.
(15) Station adjustment. "Station adjustment" means the
informal handling of an alleged offender by a juvenile police
officer.
(16) Ward of the court. "Ward of the court" means a
minor who is so adjudged under Section 2-22, 3-23, 4-20 or
5-22, after a finding of the requisite jurisdictional facts,
and thus is subject to the dispositional powers of the court
under this Act.
(17) Juvenile police officer. "Juvenile police officer"
means a sworn police officer who has completed a Basic
Recruit Training Course, has been assigned to the position of
juvenile police officer by his or her chief law enforcement
officer and has completed the necessary juvenile officers
training as prescribed by the Illinois Law Enforcement
Training Standards Board, or in the case of a State police
officer, juvenile officer training approved by the Director
of the Department of State Police.
(Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; revised
11-12-97.)
(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
Sec. 1-8. Confidentiality and accessibility of juvenile
court records.
(A) Inspection and copying of juvenile court records
relating to a minor who is the subject of a proceeding under
this Act shall be restricted to the following:
(1) The minor who is the subject of record, his
parents, guardian and counsel.
(2) Law enforcement officers and law enforcement
agencies when such information is essential to executing
an arrest or search warrant or other compulsory process,
or to conducting an ongoing investigation or relating to
a minor who has been adjudicated delinquent and there has
been a previous finding that the act which constitutes
the previous offense was committed in furtherance of
criminal activities by a criminal street gang.
Before July 1, 1994, for the purposes of this
Section, "criminal street gang" means any ongoing
organization, association, or group of 3 or more persons,
whether formal or informal, having as one of its primary
activities the commission of one or more criminal acts
and that has a common name or common identifying sign,
symbol or specific color apparel displayed, and whose
members individually or collectively engage in or have
engaged in a pattern of criminal activity.
Beginning July 1, 1994, for purposes of this
Section, "criminal street gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act.
(3) Judges, hearing officers, prosecutors,
probation officers, social workers or other individuals
assigned by the court to conduct a pre-adjudication or
predisposition investigation, and individuals responsible
for supervising or providing temporary or permanent care
and custody for minors pursuant to the order of the
juvenile court when essential to performing their
responsibilities.
(4) Judges, prosecutors and probation officers:
(a) in the course of a trial when institution
of criminal proceedings has been permitted under
Section 5-4 or required under Section 5-4; or
(b) when criminal proceedings have been
permitted under Section 5-4 or required under
Section 5-4 and a minor is the subject of a
proceeding to determine the amount of bail; or
(c) when criminal proceedings have been
permitted under Section 5-4 or required under
Section 5-4 and a minor is the subject of a
pre-trial investigation, pre-sentence investigation
or fitness hearing, or proceedings on an application
for probation; or
(d) when a minor becomes 17 years of age or
older, and is the subject of criminal proceedings,
including a hearing to determine the amount of bail,
a pre-trial investigation, a pre-sentence
investigation, a fitness hearing, or proceedings on
an application for probation.
(5) Adult and Juvenile Prisoner Review Boards.
(6) Authorized military personnel.
(7) Victims, their subrogees and legal
representatives; however, such persons shall have access
only to the name and address of the minor and information
pertaining to the disposition or alternative adjustment
plan of the juvenile court.
(8) Persons engaged in bona fide research, with the
permission of the presiding judge of the juvenile court
and the chief executive of the agency that prepared the
particular records; provided that publication of such
research results in no disclosure of a minor's identity
and protects the confidentiality of the record.
(9) The Secretary of State to whom the Clerk of the
Court shall report the disposition of all cases, as
required in Section 6-204 of The Illinois Vehicle Code.
However, information reported relative to these offenses
shall be privileged and available only to the Secretary
of State, courts, and police officers.
(10) The administrator of a bonafide substance
abuse student assistance program with the permission of
the presiding judge of the juvenile court.
(B) A minor who is the victim in a juvenile proceeding
shall be provided the same confidentiality regarding
disclosure of identity as the minor who is the subject of
record.
(C) Except as otherwise provided in this subsection (C),
juvenile court records shall not be made available to the
general public but may be inspected by representatives of
agencies, associations and news media or other properly
interested persons by general or special order of the court.
The State's Attorney, the minor, his parents, guardian and
counsel shall at all times have the right to examine court
files and records.
(1) The court shall allow the general public to
have access to the name, address, and offense of a minor
who is adjudicated a delinquent minor under this Act
under either of the following circumstances:
(A) The adjudication of delinquency was based
upon the minor's commission of first degree murder,
attempt to commit first degree murder, aggravated
criminal sexual assault, or criminal sexual assault;
or
(B) The court has made a finding that the
minor was at least 13 years of age at the time the
act was committed and the adjudication of
delinquency was based upon the minor's commission
of: (i) an act in furtherance of the commission of a
felony as a member of or on behalf of a criminal
street gang, (ii) an act involving the use of a
firearm in the commission of a felony, (iii) an act
that would be a Class X felony offense under or the
minor's second or subsequent Class 2 or greater
felony offense under the Cannabis Control Act if
committed by an adult, (iv) an act that would be a
second or subsequent offense under Section 402 of
the Illinois Controlled Substances Act if committed
by an adult, or (v) an act that would be an offense
under Section 401 of the Illinois Controlled
Substances Act if committed by an adult.
(2) The court shall allow the general public to
have access to the name, address, and offense of a minor
who is at least 13 years of age at the time the offense
is committed and who is convicted, in criminal
proceedings permitted or required under Section 5-4,
under either of the following circumstances:
(A) The minor has been convicted of first
degree murder, attempt to commit first degree
murder, aggravated criminal sexual assault, or
criminal sexual assault,
(B) The court has made a finding that the
minor was at least 13 years of age at the time the
offense was committed and the conviction was based
upon the minor's commission of: (i) an offense in
furtherance of the commission of a felony as a
member of or on behalf of a criminal street gang,
(ii) an offense involving the use of a firearm in
the commission of a felony, (iii) a Class X felony
offense under or a second or subsequent Class 2 or
greater felony offense under the Cannabis Control
Act, (iv) a second or subsequent offense under
Section 402 of the Illinois Controlled Substances
Act, or (v) an offense under Section 401 of the
Illinois Controlled Substances Act.
(D) Pending or following any adjudication of delinquency
for any offense defined in Sections 12-13 through 12-16 of
the Criminal Code of 1961, the victim of any such offense
shall receive the rights set out in Sections 4 and 6 of the
Bill of Rights for Victims and Witnesses of Violent Crime
Act; and the juvenile who is the subject of the adjudication,
notwithstanding any other provision of this Act, shall be
treated as an adult for the purpose of affording such rights
to the victim.
(E) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority of any
state, county or municipality examining the character and
fitness of an applicant for employment with a law enforcement
agency or correctional institution to ascertain whether that
applicant was ever adjudicated to be a delinquent minor and,
if so, to examine the records of disposition or evidence
which were made in proceedings under this Act.
(F) Following any adjudication of delinquency for a
crime which would be a felony if committed by an adult, or
following any adjudication of delinquency for a violation of
Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of
1961, the State's Attorney shall ascertain whether the minor
respondent is enrolled in school and, if so, shall provide a
copy of the dispositional order to the principal or chief
administrative officer of the school. Access to such
juvenile records shall be limited to the principal or chief
administrative officer of the school and any guidance
counselor designated by him.
(G) Nothing contained in this Act prevents the sharing
or disclosure of information or records relating or
pertaining to juveniles subject to the provisions of the
Serious Habitual Offender Comprehensive Action Program when
that information is used to assist in the early
identification and treatment of habitual juvenile offenders.
(H) When a Court hearing a proceeding under Article II
of this Act becomes aware that an earlier proceeding under
Article II had been heard in a different county, that Court
shall request, and the Court in which the earlier proceedings
were initiated shall transmit, an authenticated copy of the
Court record, including all documents, petitions, and orders
filed therein and the minute orders, transcript of
proceedings, and docket entries of the Court.
(I) The Clerk of the Circuit Court shall report to the
Department of State Police, in the form and manner required
by the Department of State Police, the final disposition of
each minor who has been arrested or taken into custody before
his or her 17th birthday for those offenses required to be
reported under Section 5 of the Criminal Identification Act.
Information reported to the Department under this Section may
be maintained with records that the Department files under
Section 2.1 of the Criminal Identification Act.
(Source: P.A. 89-198, eff. 7-21-95; 89-235, eff. 8-4-95;
89-377, eff. 8-18-95; 89-626, eff. 8-9-96; 90-28, eff.
1-1-98; 90-87, eff. 9-1-97; 90-127, eff. 1-1-98; revised
8-4-97.)
(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
Sec. 2-10. Temporary custody hearing. At the appearance
of the minor before the court at the temporary custody
hearing, all witnesses present shall be examined before the
court in relation to any matter connected with the
allegations made in the petition.
(1) If the court finds that there is not probable cause
to believe that the minor is abused, neglected or dependent
it shall release the minor and dismiss the petition.
(2) If the court finds that there is probable cause to
believe that the minor is abused, neglected or dependent, the
court shall state in writing the factual basis supporting its
finding and the minor, his or her parent, guardian, custodian
and other persons able to give relevant testimony shall be
examined before the court. The Department of Children and
Family Services shall give testimony concerning indicated
reports of abuse and neglect, of which they are aware of
through the central registry, involving the minor's parent,
guardian or custodian. After such testimony, the court may,
consistent with the health, safety and best interests of the
minor, enter an order that the minor shall be released upon
the request of parent, guardian or custodian if the parent,
guardian or custodian appears to take custody. Custodian
shall include any agency of the State which has been given
custody or wardship of the child. If it is consistent with
the health, safety and best interests of the minor, the court
may also prescribe shelter care and order that the minor be
kept in a suitable place designated by the court or in a
shelter care facility designated by the Department of
Children and Family Services or a licensed child welfare
agency; however, 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 of Children and Family Services by any court,
except a minor less than 13 years of age and committed to the
Department of Children and Family Services under Section 5-23
of this Act or a minor for whom an independent basis of
abuse, neglect, or dependency exists, which must be defined
by departmental rule. In placing the minor, the Department or
other agency shall, to the extent compatible with the court's
order, comply with Section 7 of the Children and Family
Services Act. In determining the health, safety and best
interests of the minor to prescribe shelter care, the court
must find that it is a matter of immediate and urgent
necessity for the safety and protection of the minor or of
the person or property of another that the minor be placed in
a shelter care facility or that he or she is likely to flee
the jurisdiction of the court, and must further find that
reasonable efforts have been made or that, consistent with
the health, safety and best interests of the minor, no
efforts reasonably can be made to prevent or eliminate the
necessity of removal of the minor from his or her home. The
court shall require documentation from the Department of
Children and Family Services as to the reasonable efforts
that were made to prevent or eliminate the necessity of
removal of the minor from his or her home or the reasons why
no efforts reasonably could be made to prevent or eliminate
the necessity of removal. When a minor is placed in the home
of a relative, the Department of Children and Family Services
shall complete a preliminary background review of the members
of the minor's custodian's household in accordance with
Section 4.3 of the Child Care Act of 1969 within 90 days of
that placement. If the minor is ordered placed in a shelter
care facility of the Department of Children and Family
Services or a licensed child welfare agency, the court shall,
upon request of the appropriate Department or other agency,
appoint the Department of Children and Family Services
Guardianship Administrator or other appropriate agency
executive temporary custodian of the minor and the court may
enter such other orders related to the temporary custody as
it deems fit and proper, including the provision of services
to the minor or his family to ameliorate the causes
contributing to the finding of probable cause or to the
finding of the existence of immediate and urgent necessity.
Acceptance of services shall not be considered an admission
of any allegation in a petition made pursuant to this Act,
nor may a referral of services be considered as evidence in
any proceeding pursuant to this Act, except where the issue
is whether the Department has made reasonable efforts to
reunite the family. In making its findings that it is
consistent with the health, safety and best interests of the
minor to prescribe shelter care, the court shall state in
writing (i) the factual basis supporting its findings
concerning the immediate and urgent necessity for the
protection of the minor or of the person or property of
another and (ii) the factual basis supporting its findings
that reasonable efforts were made to prevent or eliminate the
removal of the minor from his or her home or that no efforts
reasonably could be made to prevent or eliminate the removal
of the minor from his or her home. The parents, guardian,
custodian, temporary custodian and minor shall each be
furnished a copy of such written findings. The temporary
custodian shall maintain a copy of the court order and
written findings in the case record for the child. The order
together with the court's findings of fact in support thereof
shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the
minor be placed in a shelter care facility, the minor shall
not be returned to the parent, custodian or guardian until
the court finds that such placement is no longer necessary
for the protection of the minor.
If the child is placed in the temporary custody of the
Department of Children and Family Services for his or her
protection, the court shall admonish the parents, guardian,
custodian or responsible relative that the parents must
cooperate with the Department of Children and Family
Services, comply with the terms of the service plans, and
correct the conditions which require the child to be in care,
or risk termination of their parental rights.
(3) If prior to the shelter care hearing for a minor
described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party
is unable to serve notice on the party respondent, the
shelter care hearing may proceed ex-parte. A shelter care
order from an ex-parte hearing shall be endorsed with the
date and hour of issuance and shall be filed with the clerk's
office and entered of record. The order shall expire after 10
days from the time it is issued unless before its expiration
it is renewed, at a hearing upon appearance of the party
respondent, or upon an affidavit of the moving party as to
all diligent efforts to notify the party respondent by notice
as herein prescribed. The notice prescribed shall be in
writing and shall be personally delivered to the minor or the
minor's attorney and to the last known address of the other
person or persons entitled to notice. The notice shall also
state the nature of the allegations, the nature of the order
sought by the State, including whether temporary custody is
sought, and the consequences of failure to appear and shall
contain a notice that the parties will not be entitled to
further written notices or publication notices of proceedings
in this case, including the filing of an amended petition or
a motion to terminate parental rights, except as required by
Supreme Court Rule 11; and shall explain the right of the
parties and the procedures to vacate or modify a shelter care
order as provided in this Section. The notice for a shelter
care hearing shall be substantially as follows:
NOTICE TO PARENTS AND CHILDREN
OF SHELTER CARE HEARING
On ................ at ........., before the
Honorable ................, (address:) .................,
the State of Illinois will present evidence (1) that
(name of child or children) ....................... are
abused, neglected or dependent for the following reasons:
.............................................. and (2)
that there is "immediate and urgent necessity" to remove
the child or children from the responsible relative.
YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
PLACEMENT of the child or children in foster care until a
trial can be held. A trial may not be held for up to 90
days. You will not be entitled to further notices of
proceedings in this case, including the filing of an
amended petition or a motion to terminate parental
rights.
At the shelter care hearing, parents have the
following rights:
1. To ask the court to appoint a lawyer if
they cannot afford one.
2. To ask the court to continue the hearing to
allow them time to prepare.
3. To present evidence concerning:
a. Whether or not the child or children
were abused, neglected or dependent.
b. Whether or not there is "immediate and
urgent necessity" to remove the child from home
(including: their ability to care for the
child, conditions in the home, alternative
means of protecting the child other than
removal).
c. The best interests of the child.
4. To cross examine the State's witnesses.
The Notice for rehearings shall be substantially as
follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
TO REHEARING ON TEMPORARY CUSTODY
If you were not present at and did not have adequate
notice of the Shelter Care Hearing at which temporary
custody of ............... was awarded to
................, you have the right to request a full
rehearing on whether the State should have temporary
custody of ................. To request this rehearing,
you must file with the Clerk of the Juvenile Court
(address): ........................, in person or by
mailing a statement (affidavit) setting forth the
following:
1. That you were not present at the shelter
care hearing.
2. That you did not get adequate notice
(explaining how the notice was inadequate).
3. Your signature.
4. Signature must be notarized.
The rehearing should be scheduled within 48 hours of
your filing this affidavit.
At the rehearing, your rights are the same as at the
initial shelter care hearing. The enclosed notice
explains those rights.
At the Shelter Care Hearing, children have the
following rights:
1. To have a guardian ad litem appointed.
2. To be declared competent as a witness and
to present testimony concerning:
a. Whether they are abused, neglected or
dependent.
b. Whether there is "immediate and urgent
necessity" to be removed from home.
c. Their best interests.
3. To cross examine witnesses for other
parties.
4. To obtain an explanation of any proceedings
and orders of the court.
(4) If the parent, guardian, legal custodian,
responsible relative, minor age 8 or over, or counsel of the
minor did not have actual notice of or was not present at the
shelter care hearing, he or she may file an affidavit setting
forth these facts, and the clerk shall set the matter for
rehearing not later than 48 hours, excluding Sundays and
legal holidays, after the filing of the affidavit. At the
rehearing, the court shall proceed in the same manner as upon
the original hearing.
(5) Only when there is reasonable cause to believe that
the minor taken into custody is a person described in Section
5-3 may the minor be kept or detained in a detention home or
county or municipal jail. This Section shall in no way be
construed to limit subsection (6).
(6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of
prisoners in a police station. Minors under 17 years of age
must be kept separate from confined adults and may not at any
time be kept in the same cell, room, or yard with adults
confined pursuant to the criminal law.
(7) If the minor is not brought before a judicial
officer within the time period as specified in Section 2-9,
the minor must immediately be released from custody.
(8) If neither the parent, guardian or custodian appears
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not
later than 7 days after the original order and shall issue a
summons directed to the parent, guardian or custodian to
appear. At the same time the probation department shall
prepare a report on the minor. If a parent, guardian or
custodian does not appear at such rehearing, the judge may
enter an order prescribing that the minor be kept in a
suitable place designated by the Department of Children and
Family Services or a licensed child welfare agency.
(9) Notwithstanding any other provision of this Section
any interested party, including the State, the temporary
custodian, an agency providing services to the minor or
family under a service plan pursuant to Section 8.2 of the
Abused and Neglected Child Reporting Act, foster parent, or
any of their representatives, on notice to all parties
entitled to notice, may file a motion that it is in the best
interests of the minor to modify or vacate a temporary
custody order on any of the following grounds:
(a) It is no longer a matter of immediate and
urgent necessity that the minor remain in shelter care;
or
(b) There is a material change in the circumstances
of the natural family from which the minor was removed
and the child can be cared for at home without
endangering the child's health or safety; or
(c) A person not a party to the alleged abuse,
neglect or dependency, including a parent, relative or
legal guardian, is capable of assuming temporary custody
of the minor; or
(d) Services provided by the Department of Children
and Family Services or a child welfare agency or other
service provider have been successful in eliminating the
need for temporary custody and the child can be cared for
at home without endangering the child's health or safety.
In ruling on the motion, the court shall determine
whether it is consistent with the health, safety and best
interests of the minor to modify or vacate a temporary
custody order.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the
court modifies or vacates a temporary custody order but does
not vacate its finding of probable cause, the court may order
that appropriate services be continued or initiated in behalf
of the minor and his or her family.
(10) When the court finds or has found that there is
probable cause to believe a minor is an abused minor as
described in subsection (2) of Section 2-3 and that there is
an immediate and urgent necessity for the abused minor to be
placed in shelter care, immediate and urgent necessity shall
be presumed for any other minor residing in the same
household as the abused minor provided:
(a) Such other minor is the subject of an abuse or
neglect petition pending before the court; and
(b) A party to the petition is seeking shelter care
for such other minor.
Once the presumption of immediate and urgent necessity
has been raised, the burden of demonstrating the lack of
immediate and urgent necessity shall be on any party that is
opposing shelter care for the other minor.
(Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-582, eff.
1-1-97; 89-626, eff. 8-9-96; 90-28, eff. 1-1-98; 90-87, eff.
9-1-97; revised 8-4-97.)
(705 ILCS 405/2-14) (from Ch. 37, par. 802-14)
Sec. 2-14. Date for Adjudicatory Hearing.
(a) Purpose and policy. The legislature recognizes that
serious delay in the adjudication of abuse, neglect, or
dependency cases can cause grave harm to the minor and the
family and that it frustrates the health, safety and best
interests of the minor and the effort to establish permanent
homes for children in need. The purpose of this Section is
to insure that, consistent with the federal Adoption
Assistance and Child Welfare Act of 1980, Public Law 96-272,
as amended, and the intent of this Act, the State of Illinois
will act in a just and speedy manner to determine the best
interests of the minor, including providing for the safety of
the minor, identifying families in need, reunifying families
where the minor can be cared for at home without endangering
the minor's health or safety and it is in the best interests
of the minor, and, if reunification is not consistent with
the health, safety and best interests of the minor, finding
another permanent home for the minor.
(b) When a petition is filed alleging that the minor is
abused, neglected or dependent, an adjudicatory hearing shall
be commenced within 90 days of the date of service of process
upon the minor, parents, any guardian and any legal
custodian. Once commenced, subsequent delay in the
proceedings may be allowed by the court when necessary to
ensure a fair hearing.
(c) Upon written motion of a party filed no later than
10 days prior to hearing, or upon the court's own motion and
only for good cause shown, the Court may continue the hearing
for a period not to exceed 30 days, and only if the
continuance is consistent with the health, safety and best
interests of the minor. When the court grants a continuance,
it shall enter specific factual findings to support its
order, including factual findings supporting the court's
determination that the continuance is in the best interests
of the minor. Only one such continuance shall be granted. A
period of continuance for good cause as described in this
Section shall temporarily suspend as to all parties, for the
time of the delay, the period within which a hearing must be
held. On the day of the expiration of the delay, the period
shall continue at the point at which it was suspended.
The term "good cause" as applied in this Section shall be
strictly construed and be in accordance with Supreme Court
Rule 231 (a) through (f). Neither stipulation by counsel nor
the convenience of any party constitutes good cause. If the
adjudicatory hearing is not heard within the time limits
required by subsection (b) or (c) of this Section, upon
motion by any party the petition shall be dismissed without
prejudice.
(d) The time limits of this Section may be waived only
by consent of all parties and approval by the court.
(e) For all cases filed before July 1, 1991, an
adjudicatory hearing must, be held within 180 days of July 1,
1991.
(Source: P.A. 88-7; 90-28, eff. 1-1-98; 90-456, eff. 1-1-98;
revised 11-17-97.)
(705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
Sec. 2-22. Dispositional hearing; evidence; continuance.
(1) At the dispositional hearing, the court shall
determine whether it is in the best interests of the minor
and the public that he be made a ward of the court, and, if
he is to be made a ward of the court, the court shall
determine the proper disposition best serving the health,
safety and interests of the minor and the public. The court
also shall consider the permanency goal set for the minor,
the nature of the service plan for the minor and the services
delivered and to be delivered under the plan. All evidence
helpful in determining these questions, including oral and
written reports, may be admitted and may be relied upon to
the extent of its probative value, even though not competent
for the purposes of the adjudicatory hearing.
(2) Notice in compliance with Supreme Court Rule 11 must
be given to all parties-respondent prior to proceeding to a
dispositional hearing. Before making an order of disposition
the court shall advise the State's Attorney, the parents,
guardian, custodian or responsible relative or their counsel
of the factual contents and the conclusions of the reports
prepared for the use of the court and considered by it, and
afford fair opportunity, if requested, to controvert them.
The court may order, however, that the documents containing
such reports need not be submitted to inspection, or that
sources of confidential information need not be disclosed
except to the attorneys for the parties. Factual contents,
conclusions, documents and sources disclosed by the court
under this paragraph shall not be further disclosed without
the express approval of the court pursuant to an in camera
hearing.
(3) A record of a prior continuance under supervision
under Section 2-20, whether successfully completed with
regard to the child's health, safety and best interest, or
not, is admissible at the dispositional hearing.
(4) On its own motion or that of the State's Attorney, a
parent, guardian, custodian, responsible relative or counsel,
the court may adjourn the hearing for a reasonable period to
receive reports or other evidence, if the adjournment is
consistent with the health, safety and best interests of the
minor, but in no event shall continuances be granted so that
the dispositional hearing occurs more than 6 months after the
initial removal of a minor from his or her home. In
scheduling investigations and hearings, the court shall give
priority to proceedings in which a minor has been removed
from his or her home before an order of disposition has been
made.
(5) Unless already set by the court, at the conclusion
of the dispositional hearing, the court shall set the date
for the first permanency hearing, to be conducted under
subsection (2) of Section 2-28 or subsection (c) of Section
2-28.01, which shall be held no later than 12 months after
the minor is taken into temporary custody or in counties with
a population over 3,000,000, no later than 12 months after
the minor is taken into temporary custody.
(6) When the court declares a child to be a ward of the
court and awards guardianship to the Department of Children
and Family Services, the court shall admonish the parents,
guardian, custodian or responsible relative that the parents
must cooperate with the Department of Children and Family
Services, comply with the terms of the service plans, and
correct the conditions which require the child to be in care,
or risk termination of their parental rights.
(Source: P.A. 89-17, eff. 5-31-95; 90-28, eff. 1-1-98; 90-87,
eff. 9-1-97; revised 11-12-97.)
(705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
Sec. 2-23. Kinds of dispositional orders.
(1) The following kinds of orders of disposition may be
made in respect of wards of the court:
(a) A minor under 18 years of age found to be
neglected or abused under Section 2-3 may be (1)
continued in the custody of his or her parents, guardian
or legal custodian; (2) placed in accordance with Section
2-27; or (3) ordered partially or completely emancipated
in accordance with the provisions of the Emancipation of
Mature Minors Act.
However, in any case in which a minor is found by
the court to be neglected or abused under Section 2-3 of
this Act, custody of the minor shall not be restored to
any parent, guardian or legal custodian found by the
court to have caused the neglect or to have inflicted the
abuse on the minor, unless it is in the best interests of
the minor, until such time as a hearing is held on the
issue of the best interests of the minor and the fitness
of such parent, guardian or legal custodian to care for
the minor without endangering the minor's health or
safety, and the court enters an order that such parent,
guardian or legal custodian is fit to care for the minor.
(b) A minor under 18 years of age found to be
dependent under Section 2-4 may be (1) placed in
accordance with Section 2-27 or (2) ordered partially or
completely emancipated in accordance with the provisions
of the Emancipation of Mature Minors Act.
However, in any case in which a minor is found by
the court to be dependent under Section 2-4 of this Act
and the court has made a further finding under paragraph
(2) of Section 2-21 that such dependency is the result of
physical abuse, custody of the minor shall not be
restored to any parent, guardian or legal custodian found
by the court to have inflicted physical abuse on the
minor until such time as a hearing is held on the issue
of the fitness of such parent, guardian or legal
custodian to care for the minor without endangering the
minor's health or safety, and the court enters an order
that such parent, guardian or legal custodian is fit to
care for the minor.
(c) When the court awards guardianship to the
Department of Children and Family Services, the court
shall order the parents to cooperate with the Department
of Children and Family Services, comply with the terms of
the service plans, and correct the conditions that
require the child to be in care, or risk termination of
their parental rights.
(d) When the court orders a child restored to the
custody of the parent or parents, the court shall order
the parent or parents to cooperate with the Department of
Children and Family Services and comply with the terms of
an after-care plan, or risk the loss of custody of the
child and the possible termination of their parental
rights.
(2) Any order of disposition may provide for protective
supervision under Section 2-24 and may include an order of
protection under Section 2-25.
Unless the order of disposition expressly so provides, it
does not operate to close proceedings on the pending
petition, but is subject to modification, not inconsistent
with Section 2-28 or 2-28.01, whichever is applicable, until
final closing and discharge of the proceedings under Section
2-31.
(3) The court also shall enter any other orders
necessary to fulfill the service plan, including, but not
limited to, (i) orders requiring parties to cooperate with
services, (ii) restraining orders controlling the conduct of
any party likely to frustrate the achievement of the goal,
and (iii) visiting orders. Unless otherwise specifically
authorized by law, the court is not empowered under this
subsection (3) to order specific placements, specific
services, or specific service providers to be included in the
plan. If the court concludes that the Department of Children
and Family Services has abused its discretion in setting the
current service plan or permanency goal for the minor, the
court shall enter specific findings in writing based on the
evidence and shall enter an order for the Department to
develop and implement a new permanency goal and service plan
consistent with the court's findings. The new service plan
shall be filed with the court and served on all parties. The
court shall continue the matter until the new service plan is
filed.
(4) In addition to any other order of disposition, the
court may order any minor adjudicated neglected with respect
to his or her own injurious behavior to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentence hearing" referred to therein shall be
the dispositional hearing for purposes of this Section. The
parent, guardian or legal custodian of the minor may pay some
or all of such restitution on the minor's behalf.
(5) Any order for disposition where the minor is
committed or placed in accordance with Section 2-27 shall
provide for the parents or guardian of the estate of such
minor to pay to the legal custodian or guardian of the person
of the minor such sums as are determined by the custodian or
guardian of the person of the minor as necessary for the
minor's needs. Such payments may not exceed the maximum
amounts provided for by Section 9.1 of the Children and
Family Services Act.
(6) Whenever the order of disposition requires the minor
to attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code.
(7) The court may terminate the parental rights of a
parent at the initial dispositional hearing if all of the
conditions in subsection (5) of Section 2-21 are met.
(Source: P.A. 89-17, eff. 5-31-95; 89-235, eff. 8-4-95;
90-27, eff. 1-1-98; 90-28, eff. 1-1-98; revised 11-12-97.)
(705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
Sec. 2-25. Order of protection.
(1) The court may make an order of protection in
assistance of or as a condition of any other order authorized
by this Act. The order of protection shall be based on the
health, safety and best interests of the minor and may set
forth reasonable conditions of behavior to be observed for a
specified period. Such an order may require a person:
(a) to stay away from the home or the minor;
(b) to permit a parent to visit the minor at stated
periods;
(c) to abstain from offensive conduct against the
minor, his parent or any person to whom custody of the
minor is awarded;
(d) to give proper attention to the care of the
home;
(e) to cooperate in good faith with an agency to
which custody of a minor is entrusted by the court or
with an agency or association to which the minor is
referred by the court;
(f) to prohibit and prevent any contact whatsoever
with the respondent minor by a specified individual or
individuals who are alleged in either a criminal or
juvenile proceeding to have caused injury to a respondent
minor or a sibling of a respondent minor;
(g) to refrain from acts of commission or omission
that tend to make the home not a proper place for the
minor; .
(h) to refrain from contacting the minor and the
foster parents in any manner that is not specified in
writing in the case plan.
(2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor
or a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been
convicted of heinous battery under Section 12-4.1, aggravated
battery of a child under Section 12-4.3, criminal sexual
assault under Section 12-13, aggravated criminal sexual
assault under Section 12-14, predatory criminal sexual
assault of a child under Section 12-14.1, criminal sexual
abuse under Section 12-15, or aggravated criminal sexual
abuse under Section 12-16 of the Criminal Code of 1961, or
has been convicted of an offense that resulted in the death
of a child, or has violated a previous order of protection
under this Section.
(3) When the court issues an order of protection against
any person as provided by this Section, the court shall
direct a copy of such order to the Sheriff of that county.
The Sheriff shall furnish a copy of the order of protection
to the Department of State Police within with 24 hours of
receipt, in the form and manner required by the Department.
The Department of State Police shall maintain a complete
record and index of such orders of protection and make this
data available to all local law enforcement agencies.
(4) After notice and opportunity for hearing afforded to
a person subject to an order of protection, the order may be
modified or extended for a further specified period or both
or may be terminated if the court finds that the health,
safety, and best interests of the minor and the public will
be served thereby.
(5) An order of protection may be sought at any time
during the course of any proceeding conducted pursuant to
this Act if such an order is consistent with the health,
safety, and best interests of the minor. Any person against
whom an order of protection is sought may retain counsel to
represent him at a hearing, and has rights to be present at
the hearing, to be informed prior to the hearing in writing
of the contents of the petition seeking a protective order
and of the date, place and time of such hearing, and to cross
examine witnesses called by the petitioner and to present
witnesses and argument in opposition to the relief sought in
the petition.
(6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of
the petition seeking a protective order and of the date,
place and time at which the hearing on the petition is to be
held. When a protective order is being sought in conjunction
with a temporary custody hearing, if the court finds that the
person against whom the protective order is being sought has
been notified of the hearing or that diligent efforts have
been made to notify such person, the court may conduct a
hearing. If a protective order is sought at any time other
than in conjunction with a temporary custody hearing, the
court may not conduct a hearing on the petition in the
absence of the person against whom the order is sought unless
the petitioner has notified such person by personal service
at least 3 days before the hearing or has sent written
notice by first class mail to such person's last known
address at least 5 days before the hearing.
(7) A person against whom an order of protection is
being sought who is neither a parent, guardian, legal
custodian or responsible relative as described in Section 1-5
is not a party or respondent as defined in that Section and
shall not be entitled to the rights provided therein. Such
person does not have a right to appointed counsel or to be
present at any hearing other than the hearing in which the
order of protection is being sought or a hearing directly
pertaining to that order. Unless the court orders otherwise,
such person does not have a right to inspect the court file.
(8) All protective orders entered under this Section
shall be in writing. Unless the person against whom the
order was obtained was present in court when the order was
issued, the sheriff, other law enforcement official or
special process server shall promptly serve that order upon
that person and file proof of such service, in the manner
provided for service of process in civil proceedings. The
person against whom the protective order was obtained may
seek a modification of the order by filing a written motion
to modify the order within 7 days after actual receipt by the
person of a copy of the order. Any modification of the order
granted by the court must be determined to be consistent with
the best interests of the minor.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
90-15, eff. 6-13-97; 90-28, eff. 1-1-98; revised 12-22-97.)
(705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
Sec. 2-27. Placement; legal custody or guardianship.
(1) If the court determines and puts in writing the
factual basis supporting the determination of whether the
parents, guardian, or legal custodian of a minor adjudged a
ward of the court are unfit or are unable, for some reason
other than financial circumstances alone, to care for,
protect, train or discipline the minor or are unwilling to do
so, and that the health, safety, and best interest of the
minor will be jeopardized if the minor remains in the custody
of his or her parents, guardian or custodian, the court may
at this hearing and at any later point:
(a) place the minor in the custody of a suitable
relative or other person as legal custodian or guardian;
(a-5) with the approval of the Department of
Children and Family Services, place the minor in the
subsidized guardianship of a suitable relative or other
person as legal guardian; "subsidized guardianship" means
a private guardianship arrangement for children for whom
the permanency goals of return home and adoption have
been ruled out and who meet the qualifications for
subsidized guardianship as defined by the Department of
Children and Family Services in administrative rules;
(b) place the minor under the guardianship of a
probation officer;
(c) commit the minor to an agency for care or
placement, except an institution under the authority of
the Department of Corrections or of the Department of
Children and Family Services;
(d) commit the minor to the Department of Children
and Family Services for care and service; however, 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
of Children and Family Services by any court, except a
minor less than 13 years of age and committed to the
Department of Children and Family Services under Section
5-23 of this Act. The Department shall be given due
notice of the pendency of the action and the Guardianship
Administrator of the Department of Children and Family
Services shall be appointed guardian of the person of the
minor. Whenever the Department seeks to discharge a minor
from its care and service, the Guardianship Administrator
shall petition the court for an order terminating
guardianship. The Guardianship Administrator may
designate one or more other officers of the Department,
appointed as Department officers by administrative order
of the Department Director, authorized to affix the
signature of the Guardianship Administrator to documents
affecting the guardian-ward relationship of children for
whom he or she has been appointed guardian at such times
as he or she is unable to perform the duties of his or
her office. The signature authorization shall include but
not be limited to matters of consent of marriage,
enlistment in the armed forces, legal proceedings,
adoption, major medical and surgical treatment and
application for driver's license. Signature
authorizations made pursuant to the provisions of this
paragraph shall be filed with the Secretary of State and
the Secretary of State shall provide upon payment of the
customary fee, certified copies of the authorization to
any court or individual who requests a copy.
(1.5) In making a determination under this Section, the
court shall also consider whether, based on health, safety,
and the best interests of the minor,
(a) appropriate services aimed at family
preservation and family reunification have been
unsuccessful in rectifying the conditions that have led
to a finding of unfitness or inability to care for,
protect, train, or discipline the minor, or
(b) no family preservation or family reunification
services would be appropriate,
and if the petition or amended petition contained an
allegation that the parent is an unfit person as defined in
subdivision (D) of Section 1 of the Adoption Act, and the
order of adjudication recites that parental unfitness was
established by clear and convincing evidence, the court
shall, when appropriate and in the best interest of the
minor, enter an order terminating parental rights and
appointing a guardian with power to consent to adoption in
accordance with Section 2-29.
When making a placement, the court, wherever possible,
shall require the Department of Children and Family Services
to select a person holding the same religious belief as that
of the minor or a private agency controlled by persons of
like religious faith of the minor and shall require the
Department to otherwise comply with Section 7 of the Children
and Family Services Act in placing the child. In addition,
whenever alternative plans for placement are available, the
court shall ascertain and consider, to the extent appropriate
in the particular case, the views and preferences of the
minor.
(2) When a minor is placed with a suitable relative or
other person pursuant to item (a) of subsection (1), the
court shall appoint him or her the legal custodian or
guardian of the person of the minor. When a minor is
committed to any agency, the court shall appoint the proper
officer or representative thereof as legal custodian or
guardian of the person of the minor. Legal custodians and
guardians of the person of the minor have the respective
rights and duties set forth in subsection (9) of Section 1-3
except as otherwise provided by order of court; but no
guardian of the person may consent to adoption of the minor
unless that authority is conferred upon him or her in
accordance with Section 2-29. An agency whose representative
is appointed guardian of the person or legal custodian of the
minor may place the minor in any child care facility, but the
facility must be licensed under the Child Care Act of 1969 or
have been approved by the Department of Children and Family
Services as meeting the standards established for such
licensing. No agency may place a minor adjudicated under
Sections 2-3 or 2-4 in a child care facility unless the
placement is in compliance with the rules and regulations for
placement under this Section promulgated by the Department of
Children and Family Services under Section 5 of the Children
and Family Services Act. Like authority and restrictions
shall be conferred by the court upon any probation officer
who has been appointed guardian of the person of a minor.
(3) No placement by any probation officer or agency
whose representative is appointed guardian of the person or
legal custodian of a minor may be made in any out of State
child care facility unless it complies with the Interstate
Compact on the Placement of Children. Placement with a
parent, however, is not subject to that Interstate Compact.
(4) The clerk of the court shall issue to the legal
custodian or guardian of the person a certified copy of the
order of court, as proof of his authority. No other process
is necessary as authority for the keeping of the minor.
(5) Custody or guardianship granted under this Section
continues until the court otherwise directs, but not after
the minor reaches the age of 19 years except as set forth in
Section 2-31.
(6) At the dispositional hearing, the court shall
consider whether it is appropriate for a motion to be filed
to terminate parental rights and appoint a guardian with
power to consent to adoption with regard to a parent:
(A) whose identity still remains unknown;
(B) whose whereabouts remain unknown;
(C) who was found in default at the adjudicatory
hearing and has not obtained an order setting aside the
default in accordance with Section 2-1301 of the Code of
Civil Procedure.
Notice to a parent for whom an order of default has been
entered on the petition for wardship and has not been set
aside shall be provided in accordance with Sections 2-15 and
2-16. If a parent's identity or whereabouts are unknown, and
a diligent inquiry for such parent has been made at any time
within the preceding 12 months, no further inquiry is
required to support notice by publication.
If the court determines such a motion to be appropriate,
it may order the motion to be filed. The court, upon motion,
may enter an order terminating parental rights upon
appropriate finding and appoint a guardian with power to
consent to adoption in accordance with this subsection before
or at the first permanency hearing.
(Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-626, eff.
8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-512, eff.
8-22-97; revised 11-17-97.)
(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
Sec. 2-28. Court review in counties with a population
under 3,000,000.
(0.5) This Section applies in counties with a population
under 3,000,000.
(1) The court may require any legal custodian or
guardian of the person appointed under this Act to report
periodically to the court or may cite him into court and
require him or his agency, to make a full and accurate report
of his or its doings in behalf of the minor. The custodian
or guardian, within 10 days after such citation, shall make
the report, either in writing verified by affidavit or orally
under oath in open court, or otherwise as the court directs.
Upon the hearing of the report the court may remove the
custodian or guardian and appoint another in his stead or
restore the minor to the custody of his parents or former
guardian or custodian. However, custody of the minor shall
not be restored to any parent, guardian or legal custodian in
any case in which the minor is found to be neglected or
abused under Section 2-3 of this Act, unless the minor can be
cared for at home without endangering the minor's health or
safety and it is in the best interests of the minor, and if
such neglect or abuse is found by the court under paragraph
(2) of Section 2-21 of this Act to be the result of physical
abuse inflicted on the minor by such parent, guardian or
legal custodian, until such time as an investigation is made
as provided in paragraph (5) and a hearing is held on the
issue of the fitness of such parent, guardian or legal
custodian to care for the minor and the court enters an order
that such parent, guardian or legal custodian is fit to care
for the minor.
(2) In counties under 3,000,000 population, Permanency
hearings shall be conducted by the judge. In counties with a
population of 3,000,000 or more, the first permanency hearing
shall be conducted by a judge. Subsequent permanency
hearings may be heard by a judge or by hearing officers
appointed or approved by the court in the manner set forth in
Section 2-28.1 of this Act. The initial hearing shall be
held within 12 months from the date temporary custody was
taken. Subsequent permanency hearings shall be held every 6
months or more frequently if necessary in the court's
determination following the initial permanency hearing, in
accordance with the standards set forth in this Section,
until the court determines that the plan and goal have been
achieved. Once the plan and goal have been achieved, if the
minor remains in substitute care, the case shall be reviewed
at least every 6 months thereafter, subject to the provisions
of this Section, unless the minor is placed in the
guardianship of a suitable relative or other person and the
court determines that further monitoring by the court does
not further the health, safety or best interest of the child
and that this is a stable permanent placement. The
permanency hearings must occur within the time frames set
forth in this subsection and may not be delayed in
anticipation of a report from any source on or due to the
agency's failure to timely file its written report (this
written report means the one required under the next
paragraph and does not mean the service plan also referred to
in that paragraph).
The public agency that is the custodian or guardian of
the minor, or another agency responsible for the minor's
care, shall ensure that all parties to the permanency
hearings are provided a copy of the most recent service plan
prepared within the prior 6 months at least 14 days in
advance of the hearing. If not contained in the plan, the
agency shall also include a report setting forth (i) any
special physical, psychological, educational, medical,
emotional, or other needs of the minor or his or her family
that are relevant to a permanency or placement determination
and (ii) for any minor age 16 or over, a written description
of the programs and services that will enable the minor to
prepare for independent living. The agency's written report
must detail what progress or lack of progress the parent has
made in correcting the conditions requiring the child to be
in care; whether the child can be returned home without
jeopardizing the child's health, safety, and welfare, and if
not, what permanency goal is recommended to be in the best
interests of the child, and why the other permanency goals
are not appropriate. The caseworker must appear and testify
at the permanency hearing. If a permanency hearing has not
previously been scheduled by the court, the moving party
shall move for the setting of a permanency hearing and the
entry of an order within the time frames set forth in this
subsection.
At the permanency hearing, the court shall determine the
future status of the child. The court shall set one of the
following permanency goals:
(A) The minor will be returned home by a specific
date within 5 months.
(B) The minor will be in short-term care with a
continued goal to return home within a period not to
exceed one year, where the progress of the parent or
parents is substantial giving particular consideration to
the age and individual needs of the minor.
(B-1) The minor will be in short-term care with a
continued goal to return home pending a status hearing.
When the court finds that a parent has not made
reasonable efforts or reasonable progress to date, the
court shall identify what actions the parent and the
Department must take in order to justify a finding of
reasonable efforts or reasonable progress and shall set a
status hearing to be held not earlier than 9 months from
the date of adjudication nor later than 11 months from
the date of adjudication during which the parent's
progress will again be reviewed.
(C) The minor will be in substitute care pending
court determination on termination of parental rights.
(D) Adoption, provided that parental rights have
been terminated or relinquished.
(E) The guardianship of the minor will be
transferred to an individual or couple on a permanent
basis provided that goals (A) through (D) have been ruled
out.
(F) The minor over age 12 will be in substitute
care pending independence.
(G) The minor will be in substitute care because he
or she cannot be provided for in a home environment due
to developmental disabilities or mental illness or
because he or she is a danger to self or others, provided
that goals (A) through (D) have been ruled out.
In selecting any permanency goal, the court shall
indicate in writing the reasons the goal was selected and why
the preceding goals were ruled out. Where the court has
selected a permanency goal other than (A), (B), or (B-1), the
Department of Children and Family Services shall not provide
further reunification services, but shall provide services
consistent with the goal selected.
The court shall consider the following factors when
setting the permanency goal:
(1) Age of the child.
(2) Options available for permanence.
(3) Current placement of the child and the intent
of the family regarding adoption.
(4) Emotional, physical, and mental status or
condition of the child.
(5) Types of services previously offered and
whether or not the services were successful and, if not
successful, the reasons the services failed.
(6) Availability of services currently needed and
whether the services exist.
(7) Status of siblings of the minor.
The court shall consider (i) the permanency goal
contained in the service plan, (ii) the appropriateness of
the services contained in the plan and whether those services
have been provided, (iii) whether reasonable efforts have
been made by all the parties to the service plan to achieve
the goal, and (iv) whether the plan and goal have been
achieved. All evidence relevant to determining these
questions, including oral and written reports, may be
admitted and may be relied on to the extent of their
probative value.
If the goal has been achieved, the court shall enter
orders that are necessary to conform the minor's legal
custody and status to those findings.
If, after receiving evidence, the court determines that
the services contained in the plan are not reasonably
calculated to facilitate achievement of the permanency goal,
the court shall put in writing the factual basis supporting
the determination and enter specific findings based on the
evidence. The court also shall enter an order for the
Department to develop and implement a new service plan or to
implement changes to the current service plan consistent with
the court's findings. The new service plan shall be filed
with the court and served on all parties within 45 days of
the date of the order. The court shall continue the matter
until the new service plan is filed. Unless otherwise
specifically authorized by law, the court is not empowered
under this subsection (2) or under subsection (3) to order
specific placements, specific services, or specific service
providers to be included in the plan.
A guardian or custodian appointed by the court pursuant
to this Act shall file updated case plans with the court
every 6 months.
Rights of wards of the court under this Act are
enforceable against any public agency by complaints for
relief by mandamus filed in any proceedings brought under
this Act.
(3) Following the permanency hearing, the court shall
enter a written order that includes the determinations
required under subsection (2) of this Section 2-28, and sets
forth the following:
(a) The future status of the minor, including the
permanency goal, and any order necessary to conform the
minor's legal custody and status to such determination;
or
(b) If the permanency goal of the minor cannot be
achieved immediately, the specific reasons for continuing
the minor in the care of the Department of Children and
Family Services or other agency for short term placement,
and the following determinations:
(i) (Blank).
(ii) Whether the services required by the
court and by any service plan prepared within the
prior 6 months have been provided and (A) if so,
whether the services were reasonably calculated to
facilitate the achievement of the permanency goal or
(B) if not provided, why the services were not
provided.
(iii) Whether the minor's placement is
necessary, and appropriate to the plan and goal,
recognizing the right of minors to the least
restrictive (most family-like) setting available and
in close proximity to the parents' home consistent
with the health, safety, best interest and special
needs of the minor and, if the minor is placed
out-of-State, whether the out-of-State placement
continues to be appropriate and consistent with the
health, safety, and best interest of the minor.
(iv) (Blank).
(v) (Blank).
Any order entered pursuant to this subsection (3) shall
be immediately appealable as a matter of right under Supreme
Court Rule 304(b)(1).
(4) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and
the appointment of a new custodian or guardian of the person
or for the restoration of the minor to the custody of his
parents or former guardian or custodian.
When return home is not selected as the permanency goal:
(a) The State's Attorney or the current foster
parent or relative caregiver seeking private guardianship
may file a motion for private guardianship of the minor.
Appointment of a guardian under this Section requires
approval of the court and the Department of Children and
Family Services.
(b) The State's Attorney may file a motion to
terminate parental rights of any parent who has failed to
make reasonable efforts to correct the conditions which
led to the removal of the child or reasonable progress
toward the return of the child, as defined in subdivision
(D)(m) of Section 1 of the Adoption Act or for whom any
other unfitness ground for terminating parental rights as
defined in subdivision (D) of Section 1 of the Adoption
Act exists.
Custody of the minor shall not be restored to any parent,
guardian or legal custodian in any case in which the minor is
found to be neglected or abused under Section 2-3 of this
Act, unless the minor can be cared for at home without
endangering his or her health or safety and it is in the best
interest of the minor, and if such neglect or abuse is found
by the court under paragraph (2) of Section 2-21 of this Act
to be the result of physical abuse inflicted on the minor by
such parent, guardian or legal custodian, until such time as
an investigation is made as provided in paragraph (4) and a
hearing is held on the issue of the health, safety and best
interest of the minor and the fitness of such parent,
guardian or legal custodian to care for the minor and the
court enters an order that such parent, guardian or legal
custodian is fit to care for the minor. In the event that
the minor has attained 18 years of age and the guardian or
custodian petitions the court for an order terminating his
guardianship or custody, guardianship or custody shall
terminate automatically 30 days after the receipt of the
petition unless the court orders otherwise. No legal
custodian or guardian of the person may be removed without
his consent until given notice and an opportunity to be heard
by the court.
When the court orders a child restored to the custody of
the parent or parents, the court shall order the parent or
parents to cooperate with the Department of Children and
Family Services and comply with the terms of an after-care
plan, or risk the loss of custody of the child and possible
termination of their parental rights. The court may also
enter an order of protective supervision in accordance with
Section 2-24.
(5) Whenever a parent, guardian, or legal custodian
files a motion for restoration of custody of the minor, and
the minor was adjudicated neglected or abused as a result of
physical abuse, the court shall cause to be made an
investigation as to whether the movant has ever been charged
with or convicted of any criminal offense which would
indicate the likelihood of any further physical abuse to the
minor. Evidence of such criminal convictions shall be taken
into account in determining whether the minor can be cared
for at home without endangering his or her health or safety
and fitness of the parent, guardian, or legal custodian.
(a) Any agency of this State or any subdivision
thereof shall co-operate with the agent of the court in
providing any information sought in the investigation.
(b) The information derived from the investigation
and any conclusions or recommendations derived from the
information shall be provided to the parent, guardian, or
legal custodian seeking restoration of custody prior to
the hearing on fitness and the movant shall have an
opportunity at the hearing to refute the information or
contest its significance.
(c) All information obtained from any investigation
shall be confidential as provided in Section 1-10 of this
Act.
(Source: P.A. 89-17, eff. 5-31-95; 89-21, eff. 7-1-95;
89-626, eff. 8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98;
90-87, eff. 9-1-97; revised 11-12-97.)
(705 ILCS 405/2-28.01)
Sec. 2-28.01. Court review in counties with a population
of 3,000,000 or more.
(a) This Section applies in counties with a population
of 3,000,000 or more.
(b) The court may require any legal custodian or
guardian of the person appointed under this Act to report
periodically to the court or may cite him or her into court
and require him or her, or his or her agency, to make a full
and accurate report of his or her or its doings in behalf of
the minor. The custodian or guardian, within 10 days after
the citation, shall make the report, either in writing
verified by affidavit or orally under oath in open court, or
otherwise as the court directs. Upon the hearing of the
report, the court may remove the custodian or guardian and
appoint another in his or her stead or restore the minor to
the custody of his or her parents or former guardian or
custodian. However, custody of the minor shall not be
restored to any parent, guardian, or legal custodian in any
case in which the minor is found to be neglected or abused
under Section 2-3 of this Act, unless the minor can be cared
for at home without endangering the minor's health or safety
and it is in the best interests of the minor, and if the
neglect or abuse is found by the court under paragraph (2) of
Section 2-21 of this Act to be the result of physical abuse
inflicted on the minor by the parent, guardian, or legal
custodian, until such time as an investigation is made as
provided in paragraph (g) of this Section and a hearing is
held on the issue of the fitness of the parent, guardian, or
legal custodian to care for the minor and the court enters an
order that the parent, guardian, or legal custodian is fit to
care for the minor.
(c) The first permanency hearing shall be conducted by a
judge. Subsequent permanency hearings may be heard by a
judge or by a hearing officer appointed or approved by the
court in the manner set forth in Section 2-28.1 of this Act.
The initial hearing shall be held within 12 months from the
date temporary custody was taken. Permanency hearings shall
be held every 6 months or more frequently if necessary in the
court's determination following the initial permanency
hearing, in accordance with the standards set forth in this
Section, until the court determines that the plan and goal
have been achieved. Once the plan and goal have been
achieved, if the minor remains in substitute care, the case
shall be reviewed at least every 6 months thereafter, subject
to the provisions of this Section, unless the minor is placed
in the guardianship of a suitable relative or other person
and the court determines that further monitoring by the court
does not further the health, safety or best interest of the
child and that this is a stable permanent placement. The
permanency hearings must occur within the time frames set
forth in this subsection and may not be delayed in
anticipation of a report from any source, or due to the
agency's failure to timely file its written report (this
written report means the one required under the next
paragraph and does not mean the service plan also referred to
in that paragraph).
(1) The public agency that is the custodian or
guardian of the minor, or another agency responsible for
the minor's care, shall ensure that all parties to the
permanency hearings are provided a copy of the most
recent service plan prepared within the prior 6 months at
least 14 days in advance of the hearing. If not
contained in the plan, the agency shall also include a
report setting forth (i) any special physical,
psychological, educational, medical, emotional, or other
needs of the minor or his or her family that are relevant
to a permanency or placement determination and (ii) for
any minor age 16 years or over, a written description of
the programs and services that will enable the minor to
prepare for independent living. The agency's written
report must detail what progress or lack of progress the
parent has made in correcting the conditions requiring
the child to be in care; whether the child can be
returned home without jeopardizing the child's health,
safety, and welfare, and if not, what permanency goal is
recommended to be in the best interests of the child, and
why the other permanency goals are not appropriate. The
caseworker must appear and testify at the permanency
hearing. If a permanency review hearing has not
previously been scheduled by the court, the moving party
shall move for the setting of a permanency hearing and
the entry of an order within the time frames set forth in
this subsection (c).
(2) At the permanency hearing, the court shall
determine the future status of the child. The court
shall set one of the following permanency goals:
(A) The minor will be returned home by a
specific date within 5 months.
(B)(1) The minor will be in short-term care
with a continued goal to return home within a period
not to exceed one year, when the progress of the
parent or parents is substantial giving particular
consideration to the age and individual needs of the
minor, or
(2) If the permanency hearing is held less
than 9 months after adjudication and the court finds
that the parent or parents have not made substantial
progress the court may:
(i) make a finding regarding reasonable
progress or efforts at that point;
(ii) when appropriate identify what
actions the parent or the Department of
Children and Family Services must take in order
to justify a finding of reasonable efforts and
reasonable progress; and
(iii) enter an order continuing the
permanency hearing to a date not earlier than 9
months from the date of the adjudication nor
later than 11 months from the date of the
adjudication.
(C) The minor will be in substitute care
pending court determination on termination of
parental rights.
(D) Adoption, provided that parental rights
have been terminated or relinquished.
(E) The guardianship of the minor will be
transferred to an individual or couple on a
permanent basis provided that goals (A) through (D)
have been ruled out.
(F) The minor over age 12 will be in
substitute care pending independence.
(G) The minor will be in substitute care
because he or she cannot be provided for in a home
environment due to developmental disabilities or
mental illness or because he or she is a danger to
self or others, provided that goals (A) through (D)
have been ruled out.
In selecting any permanency goal, the court shall
indicate in writing the reasons the goal was selected and
why the preceding goals were ruled out. If the court has
selected a permanency goal other than (A) or (B) the
Department of Children and Family Services shall not
provide further reunification services, but shall provide
services consistent with the goal selected.
The court shall consider the following factors when
setting the permanency goal:
(i) Age of the child.
(ii) Options available for permanence.
(iii) Current placement of the child and the
intent of the family regarding adoption.
(iv) Emotional, physical, and mental status or
condition of the child.
(v) Types of services previously offered and
whether or not the services were successful and, if
not successful, the reasons the services failed.
(vi) Availability of services currently needed
and whether the services exist.
(vii) Status of siblings of the minor.
(3) The court shall consider (i) the permanency
goal contained in the service case plan, (ii) the
appropriateness of the services contained in the plan and
whether those services have been provided, (iii) whether
reasonable efforts have been made by all the parties to
the service plan to achieve the goal, and (iv) whether
the plan and goal have been achieved.
(4) All evidence relevant to determining these
questions, including oral and written reports, may be
admitted and may be relied on to the extent of their
probative value.
(d) If the goal has been achieved, the court shall enter
orders that are necessary to conform the minor's legal
custody and status to those findings.
If, after receiving evidence, the court determines that
the services contained in the plan are not reasonably
calculated to facilitate achievement of the permanency goal,
the court shall put in writing the factual basis supporting
the determination and enter specific findings based on the
evidence. The court also shall enter an order for the
Department to develop and implement a new service plan or to
implement changes to the current service plan consistent with
the court's findings. The new service plan shall be filed
with the court and served on all parties within 45 days after
the date of the order. The court shall continue the matter
until the new service plan is filed. Unless otherwise
specifically authorized by law, the court is not empowered
under this subsection (d) or under subsection (c) or (e) to
order specific placements, specific services, or specific
service providers to be included in the plan.
A guardian or custodian appointed by the court pursuant
to this Act shall file updated case plans with the court
every 6 months.
Rights of wards of the court under this Act are
enforceable against any public agency by complaints for
relief by mandamus filed in any proceedings brought under
this Act.
(e) Following the permanency hearing, the court shall
enter a written order that includes the determinations
required under subsections (c) and (d) of this Section and
sets forth the following an order setting forth the following
determinations in writing:
(1) The future status of the minor, including the
permanency goal, and any orders necessary to conform the
minor's legal custody and status to the determination; or
(2) If the permanency goal of the minor cannot be
achieved immediately, the specific reasons for continuing
the minor in the care of the Department of Children and
Family Services or other agency for short term placement,
and the following determinations:
(A) Whether the services required by the court
and by any service plan prepared within the prior 6
months have been provided and (i) if so, whether the
services were reasonably calculated to facilitate
the achievement of the permanency goal or (ii) if
not provided, why the services were not provided.
(B) Whether the minor's placement is
necessary, and appropriate to the plan and goal,
recognizing the right of minors to the least
restrictive (most family-like) setting available and
in close proximity to the parents' home consistent
with the health, safety, best interest and special
needs of the minor and, if the minor is placed
out-of-State, whether the out-of-State placement
continues to be appropriate and consistent with in
the health, safety, and best interest of the minor.
Any order entered pursuant to this subsection (e) shall
be immediately appealable as a matter of right under Supreme
Court Rule 304(b)(1).
(f) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and
the appointment of a new custodian or guardian of the person
or for the restoration of the minor to the custody of his or
her parents or former guardian or custodian.
When return home is not selected as the permanency goal:
(1) The State's Attorney or the current foster
parent or relative caregiver seeking private guardianship
may file a motion for private guardianship of the minor.
Appointment of a guardian under this Section requires
approval of the court and the Department of Children and
Family Services.
(2) The State's Attorney may file a motion to
terminate parental rights of any parent who has failed to
make reasonable efforts to correct the conditions which
led to the removal of the child or reasonable progress
toward the return of the child, as defined in subdivision
(D)(m) of Section 1 of the Adoption Act or for whom any
other unfitness ground for terminating parental rights as
defined in subdivision (D) of Section 1 of the Adoption
Act exists.
However, Custody of the minor shall not be restored to any
parent, guardian, or legal custodian in any case in which the
minor is found to be neglected or abused under Section 2-3 of
this Act, unless the minor can be cared for at home without
endangering his or her health or safety and it is in the best
interest of the minor, and if the neglect or abuse is found
by the court under paragraph (2) of Section 2-21 of this Act
to be the result of physical abuse inflicted on the minor by
the parent, guardian, or legal custodian, until such time as
an investigation is made as provided in paragraph (g) and a
hearing is held on the issue of the health, safety and best
interest of the minor and the fitness of the parent,
guardian, or legal custodian to care for the minor and the
court enters an order that the parent, guardian, or legal
custodian is fit to care for the minor. In the event that
the minor has attained 18 years of age and the guardian or
custodian petitions the court for an order terminating his or
her guardianship or custody, guardianship or custody shall
terminate automatically 30 days after the receipt of the
petition unless the court orders otherwise. No legal
custodian or guardian of the person may be removed without
his or her consent until given notice and an opportunity to
be heard by the court.
When the court orders a child restored to the custody of
the parent or parents, the court shall order the parent or
parents to cooperate with the Department of Children and
Family Services and comply with the terms of an after-care
plan, or risk the loss of custody of the child and possible
termination of their parental rights. The court may also
enter an order of protective supervision in accordance with
Section 2-24.
(g) Whenever a parent, guardian, or legal custodian
files a motion petitions for restoration of custody of the
minor, and the minor was adjudicated neglected or abused as a
result of physical abuse, the court shall cause to be made an
investigation as to whether the movant petitioner has ever
been charged with or convicted of any criminal offense that
would indicate the likelihood of any further physical abuse
to the minor. Evidence of these criminal convictions shall
be taken into account in determining whether the minor can be
cared for at home without endangering his or her health or
safety and the fitness of the parent, guardian, or legal
custodian.
(1) Any agency of this State or any subdivision of
the State shall cooperate with the agent of the court in
providing any information sought in the investigation.
(2) The information derived from the investigation
and any conclusions or recommendations derived from the
information shall be provided to the parent, guardian, or
legal custodian seeking restoration of custody prior to
the hearing on fitness and the movant petitioner shall
have an opportunity at the hearing to refute the
information or contest its significance.
(3) All information obtained from any investigation
shall be confidential as provided in Section 1-10 of this
Act.
(Source: P.A. 90-87, eff. 9-1-97; revised 11-12-97.)
(705 ILCS 405/2-28.1)
Sec. 2-28.1. Permanency hearings; before hearing
officers.
(a) The chief judge of the circuit court may appoint
hearing officers to conduct the permanency hearings set forth
in subsection (2) of Section 2-28 or subsection (c) of
Section 2-28.01 of this Act, in accordance with the
provisions of this Section. The hearing officers shall be
attorneys with at least 3 years experience in child abuse and
neglect or permanency planning and in counties with a
population of 3,000,000 or more, admitted to practice for at
least 7 years. Once trained by the court, hearing officers
shall be authorized to do the following:
(1) Conduct a fair and impartial hearing.
(2) Summon and compel the attendance of witnesses.
(3) Administer the oath or affirmation and take
testimony under oath or affirmation.
(4) Require the production of evidence relevant to
the permanency hearing to be conducted. That evidence
may include, but need not be limited to case plans,
social histories, medical and psychological evaluations,
child placement histories, visitation records, and other
documents and writings applicable to those items.
(5) Rule on the admissibility of evidence using the
standard applied at a dispositional hearing under Section
2-22 of this Act.
(6) When necessary, cause notices to be issued
requiring parties, the public agency that is custodian or
guardian of the minor, or another agency responsible for
the minor's care to appear either before the hearing
officer or in court.
(7) Analyze the evidence presented to the hearing
officer and prepare written recommended orders, including
findings of fact, based on the evidence.
(8) Prior to the hearing, conduct any pre-hearings
that may be necessary.
(9) Conduct in camera interviews with children when
requested by a child or the child's guardian ad litem.
In counties with a population of 3,000,000 or more, hearing
officers shall also be authorized to do the following:
(i) (1) (10) Accept specific consents for adoption
or surrenders of parental rights from a parent or
parents.
(ii) (2) (11) Conduct hearings on the progress made
toward the permanency goal set for the minor.
(iii) (3) (12) Perform other duties as assigned by
the court.
(b) The hearing officer shall consider evidence and
conduct the permanency hearings as set forth in subsections
(2) and (3) of Section 2-28 or subsection (c) of Section
2-28.01 of this Act in accordance with the standards set
forth therein. The hearing officer shall assure that a
verbatim record of the proceedings is made and retained for a
period of 12 months or until the next permanency hearing,
whichever date is later, and shall direct to the clerk of the
court all documents and evidence to be made part of the court
file. The hearing officer shall inform the participants of
their individual rights and responsibilities. The hearing
officer shall identify the issues to be reviewed under
subsection (2) of Section 2-28 or subsection (c) of Section
2-28.01, consider all relevant facts, and receive or request
any additional information necessary to make recommendations
to the court.
If a party fails to appear at the hearing, the hearing
officer may proceed to the permanency hearing with the
parties present at the hearing. The hearing officer shall
specifically note for the court the absence of any parties.
If all parties are present at the permanency hearing, and the
parties and the Department are in agreement that the service
plan and permanency goal are appropriate or are in agreement
that the permanency goal for the child has been achieved, the
hearing officer shall prepare a recommended order, including
findings of fact, to be submitted to the court, and all
parties and the Department shall sign the recommended order
at the time of the hearing. The recommended order will then
be submitted to the court for its immediate consideration and
the entry of an appropriate order.
The court may enter an order consistent with the
recommended order without further hearing or notice to the
parties, may refer the matter to the hearing officer for
further proceedings, or may hold such additional hearings as
the court deems necessary. All parties present at the
hearing and the Department shall be tendered a copy of the
court's order at the conclusion of the hearing.
(c) If one or more parties are not present at the
permanency hearing, or any party or the Department of
Children and Family Services objects to the hearing officer's
recommended order, including any findings of fact, the
hearing officer shall set the matter for a judicial
determination within 30 days of the permanency hearing for
the entry of the recommended order or for receipt of the
parties' objections. Any objections shall identify the
specific findings or recommendations that are contested, the
basis for the objections, and the evidence or applicable law
supporting the objection. The recommended order and its
contents may not be disclosed to anyone other than the
parties and the Department or other agency unless otherwise
specifically ordered by a judge of the court.
Following the receipt of objections consistent with this
subsection from any party or the Department of Children and
Family Services to the hearing officer's recommended orders,
the court shall make a judicial determination of those
portions of the order to which objections were made, and
shall enter an appropriate order. The court may refuse to
review any objections that fail to meet the requirements of
this subsection.
(d) The following are judicial functions and shall be
performed only by a circuit judge or associate judge:
(1) Review of the recommended orders of the hearing
officer and entry of orders the court deems appropriate.
(2) Conduct of judicial hearings on all pre-hearing
motions and other matters that require a court order and
entry of orders as the court deems appropriate.
(3) Conduct of judicial determinations on all
matters in which the parties or the Department of
Children and Family Services disagree with the hearing
officer's recommended orders under subsection (3).
(4) Issuance of rules to show cause, conduct of
contempt proceedings, and imposition of appropriate
sanctions or relief.
(Source: P.A. 89-17, eff. 5-31-95; 90-27, eff. 1-1-98; 90-28,
eff. 1-1-98; 90-87, eff. 9-1-97; revised 11-12-97.)
(705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
Sec. 2-31. Duration of wardship and discharge of
proceedings.
(1) All proceedings under this Act in respect of any
minor for whom a petition was filed after the effective date
of this amendatory Act of 1991 automatically terminate upon
his attaining the age of 19 years, except that a court may
continue the wardship of a minor until age 21 for good cause
when there is satisfactory evidence presented to the court
and the court makes written factual findings that the health,
safety, and best interest of the minor and the public require
the continuation of the wardship.
(2) Whenever the court determines, and makes written
factual findings, that health, safety, and the best interests
of the minor and the public no longer require the wardship of
the court, the court shall order the wardship terminated and
all proceedings under this Act respecting that minor finally
closed and discharged. The court may at the same time
continue or terminate any custodianship or guardianship
theretofore ordered but the termination must be made in
compliance with Section 2-28 or 2-28.01, whichever is
applicable.
(3) The wardship of the minor and any custodianship or
guardianship respecting the minor for whom a petition was
filed after the effective date of this amendatory Act of 1991
automatically terminates when he attains the age of 19 years
except as set forth in subsection (1) of this Section. The
clerk of the court shall at that time record all proceedings
under this Act as finally closed and discharged for that
reason.
(Source: P.A. 90-28, eff. 1-1-98; revised 11-12-97.)
(705 ILCS 405/3-26) (from Ch. 37, par. 803-26)
Sec. 3-26. Order of protection.
(1) The court may make an order of protection in
assistance of or as a condition of any other order authorized
by this Act. The order of protection may set forth reasonable
conditions of behavior to be observed for a specified period.
Such an order may require a person:
(a) To stay away from the home or the minor;
(b) To permit a parent to visit the minor at stated
periods;
(c) To abstain from offensive conduct against the
minor, his parent or any person to whom custody of the
minor is awarded;
(d) To give proper attention to the care of the
home;
(e) To cooperate in good faith with an agency to
which custody of a minor is entrusted by the court or
with an agency or association to which the minor is
referred by the court;
(f) To prohibit and prevent any contact whatsoever
with the respondent minor by a specified individual or
individuals who are alleged in either a criminal or
juvenile proceeding to have caused injury to a respondent
minor or a sibling of a respondent minor;
(g) To refrain from acts of commission or omission
that tend to make the home not a proper place for the
minor.
(2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor
or a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been
convicted of heinous battery under Section 12-4.1, aggravated
battery of a child under Section 12-4.3, criminal sexual
assault under Section 12-13, aggravated criminal sexual
assault under Section 12-14, predatory criminal sexual
assault of a child under Section 12-14.1, criminal sexual
abuse under Section 12-15, or aggravated criminal sexual
abuse under Section 12-16 of the Criminal Code of 1961, or
has been convicted of an offense that resulted in the death
of a child, or has violated a previous order of protection
under this Section.
(3) When the court issues an order of protection against
any person as provided by this Section, the court shall
direct a copy of such order to the Sheriff of that county.
The Sheriff shall furnish a copy of the order of protection
to the Department of State Police within with 24 hours of
receipt, in the form and manner required by the Department.
The Department of State Police shall maintain a complete
record and index of such orders of protection and make this
data available to all local law enforcement agencies.
(4) After notice and opportunity for hearing afforded to
a person subject to an order of protection, the order may be
modified or extended for a further specified period or both
or may be terminated if the court finds that the best
interests of the minor and the public will be served thereby.
(5) An order of protection may be sought at any time
during the course of any proceeding conducted pursuant to
this Act. Any person against whom an order of protection is
sought may retain counsel to represent him at a hearing, and
has rights to be present at the hearing, to be informed prior
to the hearing in writing of the contents of the petition
seeking a protective order and of the date, place and time of
such hearing, and to cross examine witnesses called by the
petitioner and to present witnesses and argument in
opposition to the relief sought in the petition.
(6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of
the petition seeking a protective order and of the date,
place and time at which the hearing on the petition is to be
held. When a protective order is being sought in conjunction
with a shelter care hearing, if the court finds that the
person against whom the protective order is being sought has
been notified of the hearing or that diligent efforts have
been made to notify such person, the court may conduct a
hearing. If a protective order is sought at any time other
than in conjunction with a shelter care hearing, the court
may not conduct a hearing on the petition in the absence of
the person against whom the order is sought unless the
petitioner has notified such person by personal service at
least 3 days before the hearing or has sent written notice by
first class mail to such person's last known address at least
5 days before the hearing.
(7) A person against whom an order of protection is
being sought who is neither a parent, guardian, legal
custodian or responsible relative as described in Section 1-5
is not a party or respondent as defined in that Section and
shall not be entitled to the rights provided therein. Such
person does not have a right to appointed counsel or to be
present at any hearing other than the hearing in which the
order of protection is being sought or a hearing directly
pertaining to that order. Unless the court orders otherwise,
such person does not have a right to inspect the court file.
(8) All protective orders entered under this Section
shall be in writing. Unless the person against whom the
order was obtained was present in court when the order was
issued, the sheriff, other law enforcement official or
special process server shall promptly serve that order upon
that person and file proof of such service, in the manner
provided for service of process in civil proceedings. The
person against whom the protective order was obtained may
seek a modification of the order by filing a written motion
to modify the order within 7 days after actual receipt by the
person of a copy of the order.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
revised 12-18-97.)
(705 ILCS 405/3-33) (from Ch. 37, par. 803-33)
Sec. 3-33. Truant Minor in Need of Supervision.
(a) Definition. A minor who is reported by a regional
superintendent of schools, or in cities of over 500,000
inhabitants, by the Office of Chronic Truant Adjudication, as
a chronic truant shall be adjudged a truant minor in need of
supervision.
(a-1) There is a rebuttable presumption that a chronic
truant is a truant minor in need of supervision.
(a-2) There is a rebuttable presumption that school
records of a minor's attendance at school are authentic.
(a-3) For purposes of this Section, "chronic truant" has
the meaning ascribed to it in Section 26-2a of the School
Code.
(b) Kinds of dispositional orders. A minor found to be
a truant minor in need of supervision may be:
(1) committed to the appropriate regional
superintendent of schools for a multi-disciplinary case
staffing, individualized educational plan or service plan, or
referral to comprehensive community-based youth services;
(2) required to comply with an individualized
educational plan or service plan as specifically provided by
the appropriate regional superintendent of schools;
(3) ordered to obtain counseling or other supportive
services;
(4) subject to a fine in an amount in excess of $5, but
not exceeding $100, and each day of absence without valid
cause as defined in Section 26-2a of The School Code is a
separate offense;
(5) required to perform some reasonable public service
work such as, but not limited to, the picking up of litter in
public parks or along public highways or the maintenance of
public facilities; or
(6) subject to having his or her driver's license or
privilege suspended.
A dispositional order may include a fine, public service,
or suspension of a driver's license or privilege only if the
court has made an express written finding that a truancy
prevention program has been offered by the school, regional
superintendent of schools, or a community social service
agency to the truant minor in need of supervision.
(c) Orders entered under this Section may be enforced by
contempt proceedings.
(Source: P.A. 90-143, eff. 7-23-97; 90-380, eff. 8-14-97;
revised 10-23-97.)
(705 ILCS 405/4-23) (from Ch. 37, par. 804-23)
Sec. 4-23. Order of protection.
(1) The court may make an order of protection in
assistance of or as a condition of any other order authorized
by this Act. The order of protection may set forth reasonable
conditions of behavior to be observed for a specified period.
Such an order may require a person:
(a) To stay away from the home or the minor;
(b) To permit a parent to visit the minor at stated
periods;
(c) To abstain from offensive conduct against the
minor, his parent or any person to whom custody of the
minor is awarded;
(d) To give proper attention to the care of the
home;
(e) To cooperate in good faith with an agency to
which custody of a minor is entrusted by the court or
with an agency or association to which the minor is
referred by the court;
(f) To prohibit and prevent any contact whatsoever
with the respondent minor by a specified individual or
individuals who are alleged in either a criminal or
juvenile proceeding to have caused injury to a respondent
minor or a sibling of a respondent minor;
(g) To refrain from acts of commission or omission
that tend to make the home not a proper place for the
minor.
(2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor
or a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been
convicted of heinous battery under Section 12-4.1, aggravated
battery of a child under Section 12-4.3, criminal sexual
assault under Section 12-13, aggravated criminal sexual
assault under Section 12-14, predatory criminal sexual
assault of a child under Section 12-14.1, criminal sexual
abuse under Section 12-15, or aggravated criminal sexual
abuse under Section 12-16 of the Criminal Code of 1961, or
has been convicted of an offense that resulted in the death
of a child, or has violated a previous order of protection
under this Section.
(3) When the court issues an order of protection against
any person as provided by this Section, the court shall
direct a copy of such order to the Sheriff of that county.
The Sheriff shall furnish a copy of the order of protection
to the Department of State Police within with 24 hours of
receipt, in the form and manner required by the Department.
The Department of State Police shall maintain a complete
record and index of such orders of protection and make this
data available to all local law enforcement agencies.
(4) After notice and opportunity for hearing afforded to
a person subject to an order of protection, the order may be
modified or extended for a further specified period or both
or may be terminated if the court finds that the best
interests of the minor and the public will be served thereby.
(5) An order of protection may be sought at any time
during the course of any proceeding conducted pursuant to
this Act. Any person against whom an order of protection is
sought may retain counsel to represent him at a hearing, and
has rights to be present at the hearing, to be informed prior
to the hearing in writing of the contents of the petition
seeking a protective order and of the date, place and time of
such hearing, and to cross examine witnesses called by the
petitioner and to present witnesses and argument in
opposition to the relief sought in the petition.
(6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of
the petition seeking a protective order and of the date,
place and time at which the hearing on the petition is to be
held. When a protective order is being sought in conjunction
with a shelter care hearing, if the court finds that the
person against whom the protective order is being sought has
been notified of the hearing or that diligent efforts have
been made to notify such person, the court may conduct a
hearing. If a protective order is sought at any time other
than in conjunction with a shelter care hearing, the court
may not conduct a hearing on the petition in the absence of
the person against whom the order is sought unless the
petitioner has notified such person by personal service at
least 3 days before the hearing or has sent written notice by
first class mail to such person's last known address at least
5 days before the hearing.
(7) A person against whom an order of protection is
being sought who is neither a parent, guardian, legal
custodian or responsible relative as described in Section 1-5
is not a party or respondent as defined in that Section and
shall not be entitled to the rights provided therein. Such
person does not have a right to appointed counsel or to be
present at any hearing other than the hearing in which the
order of protection is being sought or a hearing directly
pertaining to that order. Unless the court orders otherwise,
such person does not have a right to inspect the court file.
(8) All protective orders entered under this Section
shall be in writing. Unless the person against whom the
order was obtained was present in court when the order was
issued, the sheriff, other law enforcement official or
special process server shall promptly serve that order upon
that person and file proof of such service, in the manner
provided for service of process in civil proceedings. The
person against whom the protective order was obtained may
seek a modification of the order by filing a written motion
to modify the order within 7 days after actual receipt by the
person of a copy of the order.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
revised 12-18-97.)
(705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
Sec. 6-9. Enforcement of liability of parents and
others.
(1) If parentage is at issue in any proceeding under
this Act, the Illinois Parentage Act of 1984 shall apply and
the court shall enter orders consistent with that Act. If it
appears at any hearing that a parent or any other person
named in the petition, liable under the law for the support
of the minor, is able to contribute to his or her support,
the court shall enter an order requiring that parent or other
person to pay the clerk of the court, or to the guardian or
custodian appointed under Sections 2-27, 3-28, 4-25 or 5-29,
a reasonable sum from time to time for the care, support and
necessary special care or treatment, of the minor. The court
may require reasonable security for the payments. Upon
failure to pay, the court may enforce obedience to the order
by a proceeding as for contempt of court.
If it appears that the person liable for the support of
the minor is able to contribute to legal fees for
representation of the minor, the court shall enter an order
requiring that person to pay a reasonable sum for the
representation, to the attorney providing the representation
or to the clerk of the court for deposit in the appropriate
account or fund. The sum may be paid as the court directs,
and the payment thereof secured and enforced as provided in
this Section for support.
If it appears at the detention or shelter care hearing of
a minor before the court under Section 5-10 that a parent or
any other person liable for support of the minor is able to
contribute to his or her support, that parent or other person
shall be required to pay a fee for room and board at a rate
not to exceed $10 per day established, with the concurrence
of the chief judge of the judicial circuit, by the county
board of the county in which the minor is detained unless the
court determines that it is in the best interest and welfare
of the minor to waive the fee. The concurrence of the chief
judge shall be in the form of an administrative order. Each
week, on a day designated by the clerk of the circuit court,
that parent or other person shall pay the clerk for the
minor's room and board. All fees for room and board
collected by the circuit court clerk shall be disbursed into
the separate county fund under Section 6-7.
Upon application, the court shall waive liability for
support or legal fees under this Section if the parent or
other person establishes that he or she is indigent and
unable to pay the incurred liability, and the court may
reduce or waive liability if the parent or other person
establishes circumstances showing that full payment of
support or legal fees would result in financial hardship to
the person or his or her family.
(2) When a person so ordered to pay for the care and
support of a minor is employed for wages, salary or
commission, the court may order him to make the support
payments for which he is liable under this Act out of his
wages, salary or commission and to assign so much thereof as
will pay the support. The court may also order him to make
discovery to the court as to his place of employment and the
amounts earned by him. Upon his failure to obey the orders of
court he may be punished as for contempt of court.
(3) If the minor is a recipient of public aid under the
Illinois Public Aid Code, the court shall order that payments
made by a parent or through assignment of his wages, salary
or commission be made directly to (a) the Illinois Department
of Public Aid if the minor is a recipient of aid under
Article V of the Code, (b) the Department of Human Services
if the minor is a recipient of aid under Article IV of the
Code, or (c) the local governmental unit responsible for the
support of the minor if he is a recipient under Articles VI
or VII of the Code. The order shall permit the Illinois
Department of Public Aid, the Department of Human Services,
or the local governmental unit, as the case may be, to direct
that subsequent payments be made directly to the guardian or
custodian of the minor, or to some other person or agency in
the minor's behalf, upon removal of the minor from the public
aid rolls; and upon such direction and removal of the minor
from the public aid rolls, the Illinois Department of Public
Aid, Department of Human Services, or local governmental
unit, as the case requires, shall give written notice of such
action to the court. Payments received by the Illinois
Department of Public Aid, Department of Human Services, or
local governmental unit are to be covered, respectively, into
the General Revenue Fund of the State Treasury or General
Assistance Fund of the governmental unit, as provided in
Section 10-19 of the Illinois Public Aid Code.
(Source: P.A. 89-507, eff. 7-1-97; 90-157, eff. 1-1-98;
90-483, eff. 1-1-98; revised 11-14-97.)
Section 157. The Court of Claims Act is amended by
changing Section 21 as follows:
(705 ILCS 505/21) (from Ch. 37, par. 439.21)
Sec. 21. The court is authorized to impose, by uniform
rules, a fee of $15 for the filing of a petition in any case
in which the award sought is more than $50 and less than
$1,000 and $35 in any case in which the award sought is
$1,000 or more; and to charge and collect for copies of
opinions or other documents filed in the Court of Claims such
fees as may be prescribed by the rules of the Court. All fees
and charges so collected shall be forthwith paid into the
State Treasury.
A petitioner who is a prisoner in an Illinois Department
of Corrections facility who files a pleading, motion, or
other filing that purports to be a legal document against the
State, the Illinois Department of Corrections, the Prisoner
Review Board, or any of their officers or employees in which
the court makes a specific finding that it is frivolous shall
pay all filing fees and court costs in the manner provided in
Article XXII of the Code of Civil Procedure.
In claims based upon lapsed appropriations or lost
warrant or in claims filed under the Law Enforcement
Officers, Civil Defense Workers, Civil Air Patrol Members,
Paramedics, Firemen, Chaplains, and State Employees
Compensation Act, the Illinois National Guardsman's
Compensation Act, or the Crime Victims Compensation Act or in
claims filed by medical vendors for medical services rendered
by the claimant to persons eligible for Medical Assistance
under programs administered by the Illinois Department of
Public Aid, no filing fee shall be required.
(Source: P.A. 90-492, eff. 8-17-97; 90-505, eff. 8-19-97;
revised 11-14-97.)
Section 158. The Health Care Arbitration Act is amended
by changing Section 2 as follows:
(710 ILCS 15/2) (from Ch. 10, par. 202)
Sec. 2. (a) Definitions. As used in this Act:
(a) "Health care provider" means a person, partnership,
corporation, or other entity lawfully engaged in the practice
of medicine, surgery, chiropractic chiropractics, dentistry,
podiatry, optometry, physical therapy or nursing.
(b) "Hospital" means a person, partnership, corporation
or other entity lawfully engaged in the operation or
administration of a hospital, clinic, nursing home or
sanitarium.
(c) "Supplier" means a person, corporation, partnership
or other entity that has manufactured, designed, distributed,
sold, or otherwise provided any medication, device,
equipment, service, or other product used in the diagnosis or
treatment of a patient.
(d) "Health care arbitration agreement" or "agreement"
means a written agreement between a patient and a hospital or
health care provider to submit to binding arbitration a claim
for damages arising out of (1) injuries alleged to have been
received by a patient or (2) death of a patient, due to
hospital or health care provider negligence or other wrongful
act, but not including intentional torts.
(Source: P.A. 80-1012; revised 7-7-97.)
Section 159. The Seed Arbitration Act is amended by
changing Section 25 as follows:
(710 ILCS 25/25) (from Ch. 10, par. 251-25)
Sec. 25. Filing and serving of answer. Within 10 days
after the seller receives of a copy of the complaint, the
seller shall file with the Director an answer to the
complaint and serve a copy of the answer upon the purchaser
by certified mail.
(Source: P.A. 87-186; revised 12-18-97.)
Section 160. The Criminal Code of 1961 is amended by
changing Sections 9-3, 12-6.2, 16-5, 16-10, 31A-1.2, 36-1,
and 47-15 and setting forth and renumbering multiple versions
of Section 11-9.2 as follows:
(720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
Sec. 9-3. Involuntary Manslaughter and Reckless
Homicide.
(a) A person who unintentionally kills an individual
without lawful justification commits involuntary manslaughter
if his acts whether lawful or unlawful which cause the death
are such as are likely to cause death or great bodily harm to
some individual, and he performs them recklessly, except in
cases in which the cause of the death consists of the driving
of a motor vehicle, in which case the person commits reckless
homicide.
(b) In cases involving reckless homicide, being under
the influence of alcohol or any other drug or drugs at the
time of the alleged violation shall be presumed to be
evidence of a reckless act unless disproved by evidence to
the contrary.
(c) For the purposes of this Section, a person shall be
considered to be under the influence of alcohol or other
drugs while:
1. The alcohol concentration in the person's blood
or breath is 0.08 or more based on the definition of
blood and breath units in Section 11-501.2 of the
Illinois Vehicle Code;
2. Under the influence of alcohol to a degree that
renders the person incapable of safely driving;
3. Under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving; or
4. Under the combined influence of alcohol and any
other drug or drugs to a degree which renders the person
incapable of safely driving.
(d) Sentence.
(1) Involuntary manslaughter is a Class 3 felony.
(2) Reckless homicide is a Class 3 felony.
(e) In cases involving reckless homicide in which the
defendant was determined to have been under the influence of
alcohol or any other drug or drugs as an element of the
offense, or in cases in which the defendant is proven beyond
a reasonable doubt to have been under the influence of
alcohol or any other drug or drugs, the penalty shall be a
Class 2 felony, for which a person, if sentenced to a term of
imprisonment, shall be sentenced to a term of not less than 3
years and not more than 14 years.
(f) In cases involving involuntary manslaughter in which
the victim was a family or household member as defined in
paragraph (3) of Section 112A-3 of the Code of Criminal
Procedure of 1963, the penalty shall be a Class 2 felony, for
which a person if sentenced to a term of imprisonment, shall
be sentenced to a term of not less than 3 years and not more
than 14 years.
(Source: P.A. 90-43, eff. 7-2-97; 90-119, eff. 1-1-98;
revised 8-15-97.)
(720 ILCS 5/11-9.2)
Sec. 11-9.2. Custodial sexual misconduct.
(a) A person commits the offense of custodial sexual
misconduct when he or she is an employee of a penal system
and engages in sexual conduct or sexual penetration with a
person who is in the custody of that penal system.
(b) A probation or supervising officer commits the
offense of custodial sexual misconduct when the probation or
supervising officer engages in sexual conduct or sexual
penetration with a probationer, parolee, or releasee who is
under the supervisory, disciplinary, or custodial authority
of the officer so engaging in the sexual conduct or sexual
penetration.
(c) Custodial sexual misconduct is a Class 3 felony.
(d) Any person convicted of violating this Section
immediately shall forfeit his or her employment with a penal
system.
(e) For purposes of this Section, the consent of the
probationer, parolee, releasee, or inmate in custody of the
penal system shall not be a defense to a prosecution under
this Section. A person is deemed incapable of consent, for
purposes of this Section, when he or she is a probationer,
parolee, releasee, or inmate in custody of a penal system.
(f) This Section does not apply to:
(1) Any employee, probation, or supervising officer
who is lawfully married to a person in custody if the
marriage occurred before the date of custody.
(2) Any employee, probation, or supervising officer
who has no knowledge, and would have no reason to
believe, that the person with whom he or she engaged in
custodial sexual misconduct was a person in custody.
(g) In this Section:
(1) "Custody" means:
(i) pretrial incarceration or detention;
(ii) incarceration or detention under a
sentence or commitment to a State or local penal
institution;
(iii) parole or mandatory supervised release;
(iv) electronic home detention;
(v) probation.
(2) "Penal system" means any system which includes
institutions as defined in Section 2-14 of this Code or a
county shelter care or detention home established under
Section 1 of the County Shelter Care and Detention Home
Act.
(3) "Employee" means:
(i) an employee of any governmental agency of
this State or any county or municipal corporation
that has by statute, ordinance, or court order the
responsibility for the care, control, or supervision
of pretrial or sentenced persons in a penal system;
(ii) a contractual employee of a penal system
as defined in paragraph (g)(2) of this Section who
works in a penal institution as defined in Section
2-14 of this Code;
(4) "Sexual conduct" or "sexual penetration" means
any act of sexual conduct or sexual penetration as
defined in Section 12-12 of this Code.
(5) "Probation officer" means any person employed
in a probation or court services department as defined in
Section 9b of the Probation and Probation Officers Act.
(6) "Supervising officer" means any person employed
to supervise persons placed on parole or mandatory
supervised release with the duties described in Section
3-14-2 of the Unified Code of Corrections.
(Source: P.A. 90-66, eff. 7-7-97.)
(720 ILCS 5/11-9.3)
Sec. 11-9.3. 11-9.2. Presence within school zone by
child sex offenders prohibited.
(a) It is unlawful for a child sex offender to knowingly
be present in any school building, on real property
comprising any school, or in any conveyance owned, leased, or
contracted by a school to transport students to or from
school or a school related activity when persons under the
age of 18 are present in the building, on the grounds or in
the conveyance, unless the offender:
(1) is a parent or guardian of a student present in
the building, on the grounds or in the conveyance; or
(2) has permission to be present from the principal
or administrator of the school or from the school board.
(b) It is unlawful for a child sex offender to knowingly
loiter on a public way within 500 feet of a school building
or real property comprising any school while persons under
the age of 18 are present in the building or on the grounds,
unless the offender:
(1) is a parent or guardian of a student present in
the building or on the grounds; or
(2) has permission to be present from the principal
or administrator of the school or from the school board.
(c) Definitions. In this Section:
(1) "Child sex offender" means any person who:
(i) has been charged under Illinois law, or
any substantially similar federal law or law of
another state, with a sex offense set forth in
paragraph (2) of this subsection (c) or the attempt
to commit an included sex offense, and:
(A) is convicted of such offense or an
attempt to commit such offense; or
(B) is found not guilty by reason of
insanity of such offense or an attempt to
commit such offense; or
(C) is found not guilty by reason of
insanity pursuant to subsection (c) of Section
104-25 of the Code of Criminal Procedure of
1963 of such offense or an attempt to commit
such offense; or
(D) is the subject of a finding not
resulting in an acquittal at a hearing
conducted pursuant to subsection (a) of Section
104-25 of the Code of Criminal Procedure of
1963 for the alleged commission or attempted
commission of such offense; or
(E) is found not guilty by reason of
insanity following a hearing conducted pursuant
to a federal law or the law of another state
substantially similar to subsection (c) of
Section 104-25 of the Code of Criminal
Procedure of 1963 of such offense or of the
attempted commission of such offense; or
(F) is the subject of a finding not
resulting in an acquittal at a hearing
conducted pursuant to a federal law or the law
of another state substantially similar to
subsection (a) of Section 104-25 of the Code of
Criminal Procedure of 1963 for the alleged
violation or attempted commission of such
offense; or
(ii) is certified as a sexually dangerous
person pursuant to the Illinois Sexually Dangerous
Persons Act, or any substantially similar federal
law or the law of another state, when any conduct
giving rise to such certification is committed or
attempted against a person less than 18 years of
age; or
(iii) is subject to the provisions of Section
2 of the Interstate Agreements on Sexually Dangerous
Persons Act.
Convictions that result from or are connected with the
same act, or result from offenses committed at the same time,
shall be counted for the purpose of this Section as one
conviction. Any conviction set aside pursuant to law is not
a conviction for purposes of this Section.
(2) As used in this Section, "sex offense" means:
(i) A violation of any of the following
Sections of the Criminal Code of 1961: 10-7 (aiding
and abetting child abduction under Section
10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
(indecent solicitation of a child), 11-6.5 (indecent
solicitation of an adult), 11-9 (public indecency
when committed in a school, on the real property
comprising a school, or on a conveyance, owned,
leased, or contracted by a school to transport
students to or from school or a school related
activity), 11-9.1 (sexual exploitation of a child),
11-15.1 (soliciting for a juvenile prostitute),
11-17.1 (keeping a place of juvenile prostitution),
11-18.1 (patronizing a juvenile prostitute), 11-19.1
(juvenile pimping), 11-19.2 (exploitation of a
child), 11-20.1 (child pornography), 11-21 (harmful
material), 12-14.1 (predatory criminal sexual
assault of a child), 12-33 (ritualized abuse of a
child), 11-20 (obscenity) (when that offense was
committed in any school, on real property comprising
any school, in any conveyance owned, leased, or
contracted by a school to transport students to or
from school or a school related activity). An
attempt to commit any of these offenses.
(ii) A violation of any of the following
Sections of the Criminal Code of 1961, when the
victim is a person under 18 years of age: 12-13
(criminal sexual assault), 12-14 (aggravated
criminal sexual assault), 12-15 (criminal sexual
abuse), 12-16 (aggravated criminal sexual abuse).
An attempt to commit any of these offenses.
(iii) A violation of any of the following
Sections of the Criminal Code of 1961, when the
victim is a person under 18 years of age and the
defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this
State substantially equivalent to any offense listed
in clause (2)(i) of subsection (c) of this Section.
(3) A conviction for an offense of federal law or
the law of another state that is substantially equivalent
to any offense listed in paragraph (2) of subsection (c)
of this Section shall constitute a conviction for the
purpose of this Article. A finding or adjudication as a
sexually dangerous person under any federal law or law of
another state that is substantially equivalent to the
Sexually Dangerous Persons Act shall constitute an
adjudication for the purposes of this Section.
(4) As used in this Section, "school" means a
public or private pre-school, elementary, or secondary
school.
(5) As used in this Section, "loiter" means:
(i) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around
school property.
(ii) Standing, sitting idly, whether or not
the person is in a vehicle or remaining in or around
school property, for the purpose of committing or
attempting to commit a sex offense.
(d) Sentence. A person who violates this Section is
guilty of a Class 4 felony.
(Source: P.A. 90-234, eff. 1-1-98; revised 10-18-97.)
(720 ILCS 5/12-6.2)
Sec. 12-6.2. Aggravated intimidation.
(a) Any streetgang member who commits the offense of
intimidation in furtherance of the activities of an organized
gang commits the offense of aggravated intimidation.
(b) Sentence. Aggravated intimidation is a Class 1
felony.
(c) For the purposes of this Section, "streetgang",
"streetgang steetgang member", and "organized gang" have the
meanings ascribed to them in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 89-631, eff. 1-1-97; revised 7-7-97.)
(720 ILCS 5/16-5) (from Ch. 38, par. 16-5)
Sec. 16-5. Theft from coin-operated machines.
(a) A person commits theft from a coin-operated machine
when he knowingly and without authority and with intent to
commit a theft from such machine, opens, breaks into, tampers
with, or damages a coin-operated machine.
(b) As used in this Section, the term "coin-operated
machine" shall include any automatic vending machine or any
part thereof, parking meter, coin telephone, coin laundry
machine, coin dry cleaning machine, amusement machine, music
machine, vending machine dispensing goods or services, or
money changer.
(c) Sentence. A person convicted of theft from a
coin-operated machine shall be guilty of a Class A
misdemeanor. A person who has been convicted of theft from a
coin-operated machine and who has been previously convicted
of any type of theft, robbery, armed robbery, burglary,
residential burglary, possession of burglary tools, or home
invasion is guilty of a Class 4 felony. When a person has
any such prior conviction, the information or indictment
charging that person shall state such prior conviction so as
to give notice of the State's intention to treat the charge
as a felony. The fact of such prior conviction is not an
element of the offense and may not be disclosed to the jury
during trial unless otherwise permitted by issues properly
raised during such trial.
(Source: P.A. 85-691; revised 7-7-97.)
(720 ILCS 5/16-10) (from Ch. 38, par. 16-10)
Sec. 16-10. (a) 1. As used in this subsection "cable
television service" means any and all services provided by or
through the facilities of any cable television system or
closed circuit coaxial cable communication system, or any
microwave or similar transmission service used in connection
with any cable television system or similar closed circuit
coaxial cable communications system.
2. No person shall knowingly obtain or use cable
television service without the authorization of or
compensation paid to the operator of such service. The
existence of any connection, wire, conductor, or other device
whatsoever, which effects the use of cable television service
by any person without such use being specifically authorized
by, or compensation paid to the operator of the cable
television service may be considered as evidence of intent to
violate this Section.
3. No person shall, with intent to defraud a cable
television operator, assist or instruct any other person in
obtaining any cable television service.
4. No person shall, with intent to defraud a cable
television operator, sell or rent, or offer to sell or rent
any instrument, apparatus, equipment or device, or any
plans, specifications or instructions for making or
assembling any instrument, apparatus, equipment or device to
any person with knowledge that the person to whom the item is
sold or offered intends to use it to make unauthorized use of
cable television service.
(b) Sentence.
A person convicted under subsection (a) of this Section
is guilty of a Class A misdemeanor unless the person
committed the offense for remuneration renumeration, in which
event it is a Class 4 felony.
(Source: P.A. 88-466; revised 7-7-97.)
(720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
Sec. 31A-1.2. Unauthorized bringing of contraband into a
penal institution by an employee; unauthorized possessing of
contraband in a penal institution by an employee;
unauthorized delivery of contraband in a penal institution by
an employee.
(a) A person commits the offense of unauthorized
bringing of contraband into a penal institution by an
employee when a person who is an employee knowingly and
without authority or any person designated or authorized to
grant such authority:
(1) brings or attempts to bring an item of
contraband listed in paragraphs (i) through (iv) of
subsection (d)(4) into a penal institution, or
(2) causes or permits another to bring an item of
contraband listed in paragraphs (i) through (iv) of
subsection (d)(4) into a penal institution.
(b) A person commits the offense of unauthorized
possession of contraband in a penal institution by an
employee when a person who is an employee knowingly and
without authority of any person designated or authorized to
grant such authority possesses contraband listed in
paragraphs (i) through (iv) of subsection (d)(4) in a penal
institution, regardless of the intent with which he possesses
it.
(c) A person commits the offense of unauthorized
delivery of contraband in a penal institution by an employee
when a person who is an employee knowingly and without
authority of any person designated or authorized to grant
such authority:
(1) delivers or possesses with intent to deliver an
item of contraband to any inmate of a penal institution,
or
(2) conspires to deliver or solicits the delivery
of an item of contraband to any inmate of a penal
institution, or
(3) causes or permits the delivery of an item of
contraband to any inmate of a penal institution, or
(4) permits another person to attempt to deliver an
item of contraband to any inmate of a penal institution.
(d) For purpose of this Section, the words and phrases
listed below shall be defined as follows:
(1) "Penal Institution" shall have the meaning
ascribed to it in subsection (c)(1) of Section 31A-1.1 of
this Code;
(2) "Employee" means any elected or appointed
officer, trustee or employee of a penal institution or of
the governing authority of the penal institution, or any
person who performs services for the penal institution
pursuant to contract with the penal institution or its
governing authority.
(3) "Deliver" or "delivery" means the actual,
constructive or attempted transfer of possession of an
item of contraband, with or without consideration,
whether or not there is an agency relationship;
(4) "Item of contraband" means any of the
following:
(i) "Alcoholic liquor" as such term is defined
in Section 1-3.05 of the Liquor Control Act of 1934.
(ii) "Cannabis" as such term is defined in
subsection (a) 9a) of Section 3 of the Cannabis
Control Act.
(iii) "Controlled substance" as such term is
defined in the Illinois Controlled Substance Act.
(iv) "Hypodermic syringe" or hypodermic
needle, or any instrument adapted for use of
controlled substances or cannabis by subcutaneous
injection.
(v) "Weapon" means any knife, dagger, dirk,
billy, razor, stiletto, broken bottle, or other
piece of glass which could be used as a dangerous
weapon. Such term includes any of the devices or
implements designated in subsections (a)(1), (a)(3)
and (a)(6) of Section 24-1 of this Act, or any other
dangerous weapon or instrument of like character.
(vi) "Firearm" means any device, by whatever
name known, which is designed to expel a projectile
or projectiles by the action of an explosion,
expansion of gas or escape of gas, including but not
limited to:
(A) any pneumatic gun, spring gun, or B-B
gun which expels a single globular projectile
not exceeding .18 inch in diameter; or
(B) any device used exclusively for
signaling or safety and required or recommended
by the United States Coast Guard or the
Interstate Commerce Commission; or
(C) any device used exclusively for the
firing of stud cartridges, explosive rivets or
industrial ammunition; or
(D) any device which is powered by
electrical charging units, such as batteries,
and which fires one or several barbs attached
to a length of wire and which, upon hitting a
human, can send out current capable of
disrupting the person's nervous system in such
a manner as to render him incapable of normal
functioning, commonly referred to as a stun gun
or taser.
(vii) "Firearm ammunition" means any
self-contained cartridge or shotgun shell, by
whatever name known, which is designed to be used or
adaptable to use in a firearm, including but not
limited to:
(A) any ammunition exclusively designed
for use with a device used exclusively for
signaling or safety and required or recommended
by the United States Coast Guard or the
Interstate Commerce Commission; or
(B) any ammunition designed exclusively
for use with a stud or rivet driver or other
similar industrial ammunition.
(viii) "Explosive" means, but is not limited
to, bomb, bombshell, grenade, bottle or other
container containing an explosive substance of over
one-quarter ounce for like purposes such as black
powder bombs and Molotov cocktails or artillery
projectiles.
(ix) "Tool to defeat security mechanisms"
means, but is not limited to, handcuff or security
restraint key, tool designed to pick locks, or
device or instrument capable of unlocking handcuff
or security restraints, doors to cells, rooms, gates
or other areas of the penal institution.
(x) "Cutting tool" means, but is not limited
to, hacksaw blade, wirecutter, or device, instrument
or file capable of cutting through metal.
(xi) "Electronic contraband" means, but is not
limited to, any electronic, video recording device,
computer, or cellular communications equipment,
including, but not limited to, cellular telephones,
cellular telephone batteries, videotape recorders,
pagers, computers, and computer peripheral
equipment.
(e) A violation of paragraphs (a) or (b) of this Section
involving alcohol is a Class 4 felony. A violation of
paragraph (a) or (b) of this Section involving cannabis is a
Class 2 felony. A violation of paragraph (a) or (b)
involving any amount of a controlled substance classified in
Schedules III, IV or V of Article II of the Controlled
Substances Act is a Class 1 felony. A violation of paragraph
(a) or (b) of this Section involving any amount of a
controlled substance classified in Schedules I or II of
Article II of the Controlled Substances Act is a Class X
felony. A violation of paragraph (a) or (b) involving an
item of contraband listed in paragraph (iv) of subsection
(d)(4) is a Class X felony. A violation of paragraph (a) or
(b) involving an item of contraband listed in paragraph (v)
or (xi) of subsection (d)(4) is a Class 1 felony. A
violation of paragraph (a) or (b) involving an item of
contraband listed in paragraphs (vi), (vii) or (viii) of
subsection (d)(4) is a Class X felony.
(f) A violation of paragraph (c) of this Section
involving alcoholic liquor is a Class 3 felony. A violation
of paragraph (c) involving cannabis is a Class 1 felony. A
violation of paragraph (c) involving any amount of a
controlled substance classified in Schedules III, IV or V of
Article II of the Controlled Substances Act is a Class X
felony. A violation of paragraph (c) involving any amount of
a controlled substance classified in Schedules I or II of
Article II of the Controlled Substances Act is a Class X
felony for which the minimum term of imprisonment shall be 8
years. A violation of paragraph (c) involving an item of
contraband listed in paragraph (iv) of subsection (d)(4) is a
Class X felony for which the minimum term of imprisonment
shall be 8 years. A violation of paragraph (c) involving an
item of contraband listed in paragraph (v), (ix) or (x) of
subsection (d)(4) is a Class X felony for which the minimum
term of imprisonment shall be 10 years. A violation of
paragraph (c) involving an item of contraband listed in
paragraphs (vi), (vii) or (viii) of subsection (d)(4) is a
Class X felony for which the minimum term of imprisonment
shall be 12 years.
(g) Items confiscated may be retained for use by the
Department of Corrections or disposed of as deemed
appropriate by the Chief Administrative Officer in accordance
with Department rules or disposed of as required by law.
(Source: P.A. 88-678, eff. 7-1-95; 89-688, eff. 6-1-97;
revised 3-31-97.)
(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
Sec. 36-1. Seizure. Any vessel, vehicle or aircraft
used with the knowledge and consent of the owner in the
commission of, or in the attempt to commit as defined in
Section 8-4 of this Code, an offense prohibited by (a)
Section 9-1, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2, 19-3, 20-1,
20-2, 24-1.2, 24-1.5, or 28-1 of this Code, or paragraph (a)
of Section 12-15 or paragraphs (a), (c) or (d) of Section
12-16 of this Code; (b) Section 21, 22, 23, 24 or 26 of the
Cigarette Tax Act if the vessel, vehicle or aircraft contains
more than 10 cartons of such cigarettes; (c) Section 28, 29
or 30 of the Cigarette Use Tax Act if the vessel, vehicle or
aircraft contains more than 10 cartons of such cigarettes;
(d) Section 44 of the Environmental Protection Act; or (e)
11-204.1 of the Illinois Vehicle Code; may be seized and
delivered forthwith to the sheriff of the county of seizure.
Within 15 days after such delivery the sheriff shall give
notice of seizure to each person according to the following
method: Upon each such person whose right, title or interest
is of record in the office of the Secretary of State, the
Secretary of Transportation, the Administrator of the Federal
Aviation Agency, or any other Department of this State, or
any other state of the United States if such vessel, vehicle
or aircraft is required to be so registered, as the case may
be, by mailing a copy of the notice by certified mail to the
address as given upon the records of the Secretary of State,
the Department of Aeronautics, Department of Public Works and
Buildings or any other Department of this State or the United
States if such vessel, vehicle or aircraft is required to be
so registered. Within that 15 day period the sheriff shall
also notify the State's Attorney of the county of seizure
about the seizure.
In addition, any mobile or portable equipment used in the
commission of an act which is in violation of Section 7g of
the Metropolitan Water Reclamation District Act shall be
subject to seizure and forfeiture under the same procedures
provided in this Article for the seizure and forfeiture of
vessels, vehicles and aircraft, and any such equipment shall
be deemed a vessel, vehicle or aircraft for purposes of this
Article.
When a person discharges a firearm at another individual
from a vehicle with the knowledge and consent of the owner of
the vehicle and with the intent to cause death or great
bodily harm to that individual and as a result causes death
or great bodily harm to that individual, the vehicle shall be
subject to seizure and forfeiture under the same procedures
provided in this Article for the seizure and forfeiture of
vehicles used in violations of clauses (a), (b), (c), or (d)
of this Section.
(Source: P.A. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98;
revised 10-15-97.)
(720 ILCS 5/47-15)
Sec. 47-15. Dumping garbage upon real property.
(a) It is unlawful for a person to dump, deposit, or
place garbage, rubbish rubbage, trash, or refuse upon real
property not owned by that person without the consent of the
owner or person in possession of the real property.
(b) A person who violates this Section is liable to the
owner or person in possession of the real property on which
the garbage, rubbish rubbage, trash, or refuse is dumped,
deposited, or placed for the reasonable costs incurred by the
owner or person in possession for cleaning up and properly
disposing of the garbage, rubbish rubbage, trash, or refuse,
and for reasonable attorneys' fees.
(c) A person violating this Section is guilty of a Class
B misdemeanor. A second conviction for an offense committed
after the first conviction is a Class A misdemeanor. A third
or subsequent violation, committed after a second conviction,
is a Class 4 felony. Personal property used by a person in
violation of this Section shall on the third or subsequent
conviction of the person be forfeited to the county where the
violation occurred and disposed of at a public sale. Before
the forfeiture, the court shall conduct a hearing to
determine whether property is subject to forfeiture under
this Section. At the forfeiture hearing the State has the
burden of establishing by a preponderance of the evidence
that property is subject to forfeiture under this Section.
(Source: P.A. 89-234, eff. 1-1-96; revised 7-7-97.)
Section 161. The Wild Plant Conservation Act is amended
by changing Section 1 as follows:
(720 ILCS 400/1) (from Ch. 5, par. 231)
Sec. 1. Any person, firm or corporation who knowingly
buys, sells, offers or exposes for sale any blood root
(Sanguinaria canadensis), lady slipper (Cyprepedium
parviflorum and Cyprepedium hirsutum), columbine (Aquilegia
canadensis), trillium trillum (Trillium grandiflorum and
Trillium Trillum sessile), lotus (Nelumbo lutes), or gentian
(Gentiana crinta and Gentiana andrewsii), or any part
thereof, dug, pulled up or gathered from any public or
private land, unless in the case of private land the owner or
person lawfully occupying such land gives his consent in
writing thereto, is guilty of a petty offense.
(Source: P.A. 77-2494; revised 7-7-97.)
Section 162. The Illinois Controlled Substances Act is
amended by changing Section 402 as follows:
(720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
Sec. 402. Except as otherwise authorized by this Act, it
is unlawful for any person knowingly to possess a controlled
or counterfeit substance. A violation of this Act with
respect to each of the controlled substances listed herein
constitutes a single and separate violation of this Act.
(a) Any person who violates this Section with respect to
the following controlled or counterfeit substances and
amounts, notwithstanding any of the provisions of subsection
(c) and (d) to the contrary, is guilty of a Class 1 felony
and shall, if sentenced to a term of imprisonment, be
sentenced as provided in this subsection (a) and fined as
provided in subsection (b):
(1) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of a substance containing heroin;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of a substance containing heroin;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing heroin;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing heroin;
(2) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of any substance containing cocaine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of any substance containing cocaine;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing cocaine;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing cocaine;
(3) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of any substance containing morphine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of any substance containing morphine;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing morphine;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing morphine;
(4) 200 grams or more of any substance containing
peyote;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid;
(6) 200 grams or more of any substance containing
amphetamine or methamphetamine or any salt of an optical
isomer of amphetamine or methamphetamine;
(7) (A) not less than 4 years and not more than 15
years with respect to: (i) 15 grams or more but less
than 100 grams of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or
(ii) 15 or more objects or 15 or more segregated
parts of an object or objects but less than 200
objects or 200 segregated parts of an object or
objects containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(B) not less than 6 years and not more than 30
years with respect to: (i) 100 grams or more but
less than 400 grams of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 200 or more objects or 200 or more
segregated parts of an object or objects but less
than 600 objects or less than 600 segregated parts
of an object or objects containing in them or having
upon them any amount of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof;
(C) not less than 8 years and not more than 40
years with respect to: (i) 400 grams or more but
less than 900 grams of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 600 or more objects or 600 or more
segregated parts of an object or objects but less
than 1500 objects or 1500 segregated parts of an
object or objects containing in them or having upon
them any amount of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(D) not less than 10 years and not more than
50 years with respect to: (i) 900 grams or more of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 1500 or more
objects or 1500 or more segregated parts of an
object or objects containing in them or having upon
them any amount of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone;
(10) 30 grams or more of any substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP);
(10.5) 30 grams or more of any substance containing
ketamine or any of the salts, isomers and salts of
isomers of ketamine;
(11) 200 grams or more of any substance containing
any substance classified as a narcotic drug in Schedules
I or II which is not otherwise included in this
subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3) or (7) of subsection (a) involving
100 grams or more of the controlled substance named therein,
may in addition to the penalties provided therein, be fined
an amount not to exceed $200,000 or the full street value of
the controlled or counterfeit substances, whichever is
greater. The term "street value" shall have the meaning
ascribed in Section 110-5 of the Code of Criminal Procedure
of 1963. Any person sentenced with respect to any other
provision of subsection (a), may in addition to the penalties
provided therein, be fined an amount not to exceed $200,000.
(c) Any person who violates this Section with regard to
an amount of a controlled or counterfeit substance not set
forth in subsection (a) or (d) is guilty of a Class 4 felony.
The fine for a violation punishable under this subsection (c)
shall not be more than $25,000.
(d) Any person who violates this Section with regard to
any amount of anabolic steroid is guilty of a Class C
misdemeanor for the first offense and a Class B misdemeanor
for a subsequent offense committed within 2 years of a prior
conviction.
(Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97;
90-384, eff. 1-1-98; revised 11-13-97.)
Section 163. The Unified Code of Corrections is amended
by changing Sections 3-6-3, 5-4-3, 5-6-3, 5-6-3.1, 5-7-1,
5-9-1, 5-9-1.4, and 5-9-1.10 as follows:
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
Sec. 3-6-3. Rules and Regulations for Early Release.
(a)(1) The Department of Corrections shall prescribe
rules and regulations for the early release on account of
good conduct of persons committed to the Department which
shall be subject to review by the Prisoner Review Board.
(2) The rules and regulations on early release
shall provide, with respect to offenses committed on or
after the effective date of this amendatory Act of 1995,
the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder shall receive
no good conduct credit and shall serve the entire
sentence imposed by the court;
(ii) that a prisoner serving a sentence for
attempt to commit first degree murder, solicitation
of murder, solicitation of murder for hire,
intentional homicide of an unborn child, predatory
criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault,
aggravated kidnapping, aggravated battery with a
firearm, heinous battery, aggravated battery of a
senior citizen, or aggravated battery of a child
shall receive no more than 4.5 days of good conduct
credit for each month of his or her sentence of
imprisonment; and
(iii) that a prisoner serving a sentence for
home invasion, armed robbery, aggravated vehicular
hijacking, aggravated discharge of a firearm, or
armed violence with a category I weapon or category
II weapon, when the court has made and entered a
finding, pursuant to subsection (c-1) of Section
5-4-1 of this Code, that the conduct leading to
conviction for the enumerated offense resulted in
great bodily harm to a victim, shall receive no more
than 4.5 days of good conduct credit for each month
of his or her sentence of imprisonment.
(2.1) For all offenses, other than those enumerated
in subdivision (a)(2) committed on or after the effective
date of this amendatory Act of 1995, the rules and
regulations shall provide that a prisoner who is serving
a term of imprisonment shall receive one day of good
conduct credit for each day of his or her sentence of
imprisonment or recommitment under Section 3-3-9. Each
day of good conduct credit shall reduce by one day the
prisoner's period of imprisonment or recommitment under
Section 3-3-9.
(2.2) A prisoner serving a term of natural life
imprisonment or a prisoner who has been sentenced to
death shall receive no good conduct credit.
(3) The rules and regulations shall also provide
that the Director may award up to 180 days additional
good conduct credit for meritorious service in specific
instances as the Director deems proper; except that no
more than 90 days of good conduct credit for meritorious
service shall be awarded to any prisoner who is serving a
sentence for conviction of first degree murder, reckless
homicide while under the influence of alcohol or any
other drug, aggravated kidnapping, kidnapping, predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, deviate sexual
assault, aggravated criminal sexual abuse, aggravated
indecent liberties with a child, indecent liberties with
a child, child pornography, heinous battery, aggravated
battery of a spouse, aggravated battery of a spouse with
a firearm, stalking, aggravated stalking, aggravated
battery of a child, endangering the life or health of a
child, cruelty to a child, or narcotic racketeering.
Notwithstanding the foregoing, good conduct credit for
meritorious service shall not be awarded on a sentence of
imprisonment imposed for conviction of one of the
offenses enumerated in subdivision (a)(2) when the
offense is committed on or after the effective date of
this amendatory Act of 1995.
(4) The rules and regulations shall also provide
that the good conduct credit accumulated and retained
under paragraph (2.1) of subsection (a) of this Section
by any inmate during specific periods of time in which
such inmate is engaged full-time in substance abuse
programs, correctional industry assignments, or
educational programs provided by the Department under
this paragraph (4) and satisfactorily completes the
assigned program as determined by the standards of the
Department, shall be multiplied by a factor of 1.25 for
program participation before the effective date of this
amendatory Act of 1993 and 1.50 for program participation
on or after that date. However, no inmate shall be
eligible for the additional good conduct credit under
this paragraph (4) while assigned to a boot camp, mental
health unit, or electronic detention, or if convicted of
an offense enumerated in paragraph (a)(2) of this Section
that is committed on or after the effective date of this
amendatory Act of 1995, or first degree murder, a Class X
felony, criminal sexual assault, felony criminal sexual
abuse, aggravated criminal sexual abuse, aggravated
battery with a firearm, or any predecessor or successor
offenses with the same or substantially the same
elements, or any inchoate offenses relating to the
foregoing offenses. No inmate shall be eligible for the
additional good conduct credit under this paragraph (4)
who (i) has previously received increased good conduct
credit under this paragraph (4) and has subsequently been
convicted of a felony, or (ii) has previously served more
than one prior sentence of imprisonment for a felony in
an adult correctional facility.
Educational, vocational, substance abuse and
correctional industry programs under which good conduct
credit may be increased under this paragraph (4) shall be
evaluated by the Department on the basis of documented
standards. The Department shall report the results of
these evaluations to the Governor and the General
Assembly by September 30th of each year. The reports
shall include data relating to the recidivism rate among
program participants.
Availability of these programs shall be subject to
the limits of fiscal resources appropriated by the
General Assembly for these purposes. Eligible inmates
who are denied immediate admission shall be placed on a
waiting list under criteria established by the
Department. The inability of any inmate to become engaged
in any such programs by reason of insufficient program
resources or for any other reason established under the
rules and regulations of the Department shall not be
deemed a cause of action under which the Department or
any employee or agent of the Department shall be liable
for damages to the inmate.
(5) Whenever the Department is to release any
inmate earlier than it otherwise would because of a grant
of good conduct credit for meritorious service given at
any time during the term, the Department shall give
reasonable advance notice of the impending release to the
State's Attorney of the county where the prosecution of
the inmate took place.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of good time.
(c) The Department shall prescribe rules and regulations
for revoking good conduct credit, or suspending or reducing
the rate of accumulation of good conduct credit for specific
rule violations, during imprisonment. These rules and
regulations shall provide that no inmate may be penalized
more than one year of good conduct credit for any one
infraction.
When the Department seeks to revoke, suspend or reduce
the rate of accumulation of any good conduct credits for an
alleged infraction of its rules, it shall bring charges
therefor against the prisoner sought to be so deprived of
good conduct credits before the Prisoner Review Board as
provided in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the amount of credit at issue exceeds 30 days or
when during any 12 month period, the cumulative amount of
credit revoked exceeds 30 days except where the infraction is
committed or discovered within 60 days of scheduled release.
In those cases, the Department of Corrections may revoke up
to 30 days of good conduct credit. The Board may subsequently
approve the revocation of additional good conduct credit, if
the Department seeks to revoke good conduct credit in excess
of 30 days. However, the Board shall not be empowered to
review the Department's decision with respect to the loss of
30 days of good conduct credit within any calendar year for
any prisoner or to increase any penalty beyond the length
requested by the Department.
The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days good conduct
credits which have been revoked, suspended or reduced. Any
restoration of good conduct credits in excess of 30 days
shall be subject to review by the Prisoner Review Board.
However, the Board may not restore good conduct credit in
excess of the amount requested by the Director.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
the sentence imposed by the court that was not served due to
the accumulation of good conduct credit.
(d) If a lawsuit is filed by a prisoner in an Illinois
or federal court against the State, the Department of
Corrections, or the Prisoner Review Board, or against any of
their officers or employees, and the court makes a specific
finding that a pleading, motion, or other paper filed by the
prisoner is frivolous, the Department of Corrections shall
conduct a hearing to revoke up to 180 days of good conduct
credit by bringing charges against the prisoner sought to be
deprived of the good conduct credits before the Prisoner
Review Board as provided in subparagraph (a)(8) of Section
3-3-2 of this Code. If the prisoner has not accumulated 180
days of good conduct credit at the time of the finding, then
the Prisoner Review Board may revoke all good conduct credit
accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or
other filing which purports to be a legal document filed
by a prisoner in his or her lawsuit meets any or all of
the following criteria:
(A) it lacks an arguable basis either in law
or in fact;
(B) it is being presented for any improper
purpose, such as to harass or to cause unnecessary
delay or needless increase in the cost of
litigation;
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing
law or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(D) the allegations and other factual
contentions do not have evidentiary support or, if
specifically so identified, are not likely to have
evidentiary support after a reasonable opportunity
for further investigation or discovery; or
(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so
identified, are not reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a petition for post conviction
relief under Article 122 of the Code of Criminal
Procedure of 1963, a motion pursuant to Section 116-3 of
the Code of Criminal Procedure of 1963, a habeas corpus
action under Article X of the Code of Civil Procedure or
under federal law (28 U.S.C. 2254), a petition for claim
under the Court of Claims Act or an action under the
federal Civil Rights Act (42 U.S.C. 1983).
(Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
Sec. 5-4-3. Persons convicted of, or found delinquent
for, sexual offenses or institutionalized as sexually
dangerous; blood specimens; genetic marker groups.
(a) Any person convicted of, found delinquent for, or
who received a disposition of court supervision for, a sexual
offense or attempt of a sexual offense or institutionalized
as a sexually dangerous person under the Sexually Dangerous
Persons Act shall, regardless of the sentence or disposition
imposed, be required to submit specimens of blood to the
Illinois Department of State Police in accordance with the
provisions of this Section, provided such person is:
(1) convicted of a sexual offense or attempt of a
sexual offense on or after the effective date of this
amendatory Act of 1989, and sentenced to a term of
imprisonment, periodic imprisonment, fine, probation,
conditional discharge or any other form of sentence, or
given a disposition of court supervision for the offense,
or
(1.5) found delinquent under the Juvenile Court Act
of 1987 for a sexual offense or attempt of a sexual
offense on or after the effective date of this amendatory
Act of 1996, or
(2) ordered institutionalized as a sexually
dangerous person on or after the effective date of this
amendatory Act of 1989, or
(3) convicted of a sexual offense or attempt of a
sexual offense before the effective date of this
amendatory Act of 1989 and is presently confined as a
result of such conviction in any State correctional
facility or county jail or is presently serving a
sentence of probation, conditional discharge or periodic
imprisonment as a result of such conviction, or
(4) presently institutionalized as a sexually
dangerous person or presently institutionalized as a
person found guilty but mentally ill of a sexual offense
or attempt to commit a sexual offense; or
(5) seeking transfer to or residency in Illinois
under Sections 3-3-11 through 3-3-11.5 of the Unified
Code of Corrections (Interstate Compact for the
Supervision of Parolees and Probationers) or the
Interstate Agreements on Sexually Dangerous Persons Act.
(b) Any person required by paragraphs (a)(1), (a)(1.5),
and (a)(2) to provide specimens of blood shall be ordered by
the court to have specimens of blood collected within 45 days
after sentencing or disposition at a collection site
designated by the Illinois Department of State Police.
(c) Any person required by paragraphs (a)(3) and (a)(4)
to provide specimens of blood shall be required to provide
such samples prior to final discharge, parole, or release at
a collection site designated by the Illinois Department of
State Police.
(c-5) Any person required by paragraph (a)(5) to provide
specimens of blood shall, where feasible, be required to
provide the specimens before being accepted for conditioned
residency in Illinois under the interstate compact or
agreement, but no later than 45 days after arrival in this
State.
(d) The Illinois Department of State Police shall
provide all equipment and instructions necessary for the
collection of blood samples. The collection of samples shall
be performed in a medically approved manner. Only a
physician authorized to practice medicine, a registered nurse
or other qualified person approved by the Illinois Department
of Public Health may withdraw blood for the purposes of this
Act. The samples shall thereafter be forwarded to the
Illinois Department of State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
(e) The genetic marker groupings shall be maintained by
the Illinois Department of State Police, Division of Forensic
Services.
(f) The genetic marker grouping analysis information
obtained pursuant to this Act shall be confidential and shall
be released only to peace officers of the United States, of
other states or territories, of the insular possessions of
the United States, of foreign countries duly authorized to
receive the same, to all peace officers of the State of
Illinois and to all prosecutorial agencies. Notwithstanding
any other statutory provision to the contrary, all
information obtained under this Section shall be maintained
in a single data base and may not be subject to expungement.
(g) For the purposes of this Section, "sexual offense"
means any of the following:
(1) Any violation of Sections 11-6, 11-9.1, 11-11,
11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1,
12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-33 of the
Criminal Code of 1961, or
(2) Any former statute of this State which defined
a felony sexual offense, or
(3) Any violation of paragraph (10) of subsection
(b) of Section 10-5 of the Criminal Code of 1961 when the
sentencing court, upon a motion by the State's Attorney
or Attorney General, makes a finding that the child
luring involved an intent to commit sexual penetration or
sexual conduct as defined in Section 12-12 of the
Criminal Code of 1961.
(h) The Illinois Department of State Police shall be the
State central repository for all genetic marker grouping
analysis information obtained pursuant to this Act. The
Illinois Department of State Police may promulgate rules for
the form and manner of the collection of blood samples and
other procedures for the operation of this Act. The
provisions of the Administrative Review Law shall apply to
all actions taken under the rules so promulgated.
(i) A person ordered by the court to provide a blood
specimen shall cooperate with the collection of the specimen
and any deliberate act by that person intended to impede,
delay or stop the collection of the blood specimen shall be
punishable as contempt of court.
(j) Any person required by subsection (a) to submit
specimens of blood to the Illinois Department of State Police
for analysis and categorization into genetic marker grouping,
in addition to any other disposition, penalty, or fine
imposed, shall pay an analysis fee of $500. Upon verified
petition of the person, the court may suspend payment of all
or part of the fee if it finds that the person does not have
the ability to pay the fee.
(k) All analysis and categorization fees provided for by
subsection (j) shall be regulated as follows:
(1) The State Offender DNA Identification System
Fund is hereby created as a special fund in the State
Treasury.
(2) All fees shall be collected by the clerk of the
court and forwarded to the State Offender DNA
Identification System Fund for deposit. The clerk of the
circuit court may retain the amount of $10 from each
collected analysis fee to offset administrative costs
incurred in carrying out the clerk's responsibilities
under this Section.
(3) Fees deposited into the State Offender DNA
Identification System Fund shall be used by Illinois
State Police crime laboratories as designated by the
Director of State Police. These funds shall be in
addition to any allocations made pursuant to existing
laws and shall be designated for the exclusive use of
State crime laboratories. These uses may include, but
are not limited to, the following:
(A) Costs incurred in providing analysis and
genetic marker categorization as required by
subsection (d).
(B) Costs incurred in maintaining genetic
marker groupings as required by subsection (e).
(C) Costs incurred in the purchase and
maintenance of equipment for use in performing
analyses.
(D) Costs incurred in continuing research and
development of new techniques for analysis and
genetic marker categorization.
(E) Costs incurred in continuing education,
training, and professional development of forensic
scientists regularly employed by these laboratories.
(Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96; 89-550, eff. 1-1-97; 90-124, eff.
1-1-98; 90-130, eff. 1-1-98; revised 11-14-97.)
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
Sec. 5-6-3. Conditions of Probation and of Conditional
Discharge.
(a) The conditions of probation and of conditional
discharge shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) report to or appear in person before such
person or agency as directed by the court;
(3) refrain from possessing a firearm or other
dangerous weapon;
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the person's probation
officer;
(5) permit the probation officer to visit him at
his home or elsewhere to the extent necessary to
discharge his duties;
(6) perform no less than 30 hours of community
service and not more than 120 hours of community service,
if community service is available in the jurisdiction and
is funded and approved by the county board where the
offense was committed, where the offense was related to
or in furtherance of the criminal activities of an
organized gang and was motivated by the offender's
membership in or allegiance to an organized gang. The
community service shall include, but not be limited to,
the cleanup and repair of any damage caused by a
violation of Section 21-1.3 of the Criminal Code of 1961
and similar damage to property located within the
municipality or county in which the violation occurred.
When possible and reasonable, the community service
should be performed in the offender's neighborhood. For
purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act;
(7) if he or she is at least 17 years of age and
has been sentenced to probation or conditional discharge
for a misdemeanor or felony in a county of 3,000,000 or
more inhabitants and has not been previously convicted of
a misdemeanor or felony, may be required by the
sentencing court to attend educational courses designed
to prepare the defendant for a high school diploma and to
work toward a high school diploma or to work toward
passing the high school level Test of General Educational
Development (GED) or to work toward completing a
vocational training program approved by the court. The
person on probation or conditional discharge must attend
a public institution of education to obtain the
educational or vocational training required by this
clause (7). The court shall revoke the probation or
conditional discharge of a person who wilfully fails to
comply with this clause (7). The person on probation or
conditional discharge shall be required to pay for the
cost of the educational courses or GED test, if a fee is
charged for those courses or test. The court shall
resentence the offender whose probation or conditional
discharge has been revoked as provided in Section 5-6-4.
This clause (7) does not apply to a person who has a high
school diploma or has successfully passed the GED test.
This clause (7) does not apply to a person who is
determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the
educational or vocational program; and
(8) (7) if convicted of possession of a substance
prohibited by the Cannabis Control Act or Illinois
Controlled Substances Act after a previous conviction or
disposition of supervision for possession of a substance
prohibited by the Cannabis Control Act or Illinois
Controlled Substances Act or after a sentence of
probation under Section 10 of the Cannabis Control Act or
Section 410 of the Illinois Controlled Substances Act and
upon a finding by the court that the person is addicted,
undergo treatment at a substance abuse program approved
by the court.
(b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
(1) serve a term of periodic imprisonment under
Article 7 for a period not to exceed that specified in
paragraph (d) of Section 5-7-1;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for
the instruction or residence of defendants on probation;
(6) support his dependents;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for
youth;
(iv) contribute to his own support at home or
in a foster home;
(8) make restitution as provided in Section 5-5-6
of this Code;
(9) perform some reasonable public or community
service;
(10) serve a term of home confinement. In addition
to any other applicable condition of probation or
conditional discharge, the conditions of home confinement
shall be that the offender:
(i) remain within the interior premises of the
place designated for his confinement during the
hours designated by the court;
(ii) admit any person or agent designated by
the court into the offender's place of confinement
at any time for purposes of verifying the offender's
compliance with the conditions of his confinement;
and
(iii) if further deemed necessary by the court
or the Probation or Court Services Department, be
placed on an approved electronic monitoring device,
subject to Article 8A of Chapter V;
(iv) for persons convicted of any alcohol,
cannabis or controlled substance violation who are
placed on an approved monitoring device as a
condition of probation or conditional discharge, the
court shall impose a reasonable fee for each day of
the use of the device, as established by the county
board in subsection (g) of this Section, unless
after determining the inability of the offender to
pay the fee, the court assesses a lesser fee or no
fee as the case may be. This fee shall be imposed in
addition to the fees imposed under subsections (g)
and (i) of this Section. The fee shall be collected
by the clerk of the circuit court. The clerk of the
circuit court shall pay all monies collected from
this fee to the county treasurer for deposit in the
substance abuse services fund under Section 5-1086.1
of the Counties Code; and
(v) for persons convicted of offenses other
than those referenced in clause (iv) above and who
are placed on an approved monitoring device as a
condition of probation or conditional discharge, the
court shall impose a reasonable fee for each day of
the use of the device, as established by the county
board in subsection (g) of this Section, unless
after determining the inability of the defendant to
pay the fee, the court assesses a lesser fee or no
fee as the case may be. This fee shall be imposed
in addition to the fees imposed under subsections
(g) and (i) of this Section 5-6-3. The fee shall be
collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer who
shall use the monies collected to defray the costs
of corrections. The county treasurer shall deposit
the fee collected in the county working cash fund
under Section 6-27001 or Section 6-29002 of the
Counties Code, as the case may be.
(11) comply with the terms and conditions of an
order of protection issued by the court pursuant to the
Illinois Domestic Violence Act of 1986, as now or
hereafter amended. A copy of the order of protection
shall be transmitted to the probation officer or agency
having responsibility for the case;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council
Act for any reasonable expenses incurred by the program
on the offender's case, not to exceed the maximum amount
of the fine authorized for the offense for which the
defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, to a
"local anti-crime program", as defined in Section 7 of
the Anti-Crime Advisory Council Act;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer, if the defendant has been placed on
probation or advance approval by the court, if the
defendant was placed on conditional discharge;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug.
(c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's
license during the period of probation or conditional
discharge. If such person is in possession of a permit or
license, the court may require that the minor refrain from
driving or operating any motor vehicle during the period of
probation or conditional discharge, except as may be
necessary in the course of the minor's lawful employment.
(d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
(e) The court shall not require as a condition of the
sentence of probation or conditional discharge that the
offender be committed to a period of imprisonment in excess
of 6 months. This 6 month limit shall not include periods of
confinement given pursuant to a sentence of county impact
incarceration under Section 5-8-1.2.
Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
(f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
(g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes
mandatory drug or alcohol testing, or both, or is assigned to
be placed on an approved electronic monitoring device, shall
be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs incidental to such
approved electronic monitoring in accordance with the
defendant's ability to pay those costs. The county board
with the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish
reasonable fees for the cost of maintenance, testing, and
incidental expenses related to the mandatory drug or alcohol
testing, or both, and all costs incidental to approved
electronic monitoring, involved in a successful probation
program for the county. The concurrence of the Chief Judge
shall be in the form of an administrative order. The fees
shall be collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all moneys collected
from these fees to the county treasurer who shall use the
moneys collected to defray the costs of drug testing, alcohol
testing, and electronic monitoring. The county treasurer
shall deposit the fees collected in the county working cash
fund under Section 6-27001 or Section 6-29002 of the Counties
Code, as the case may be.
(h) Jurisdiction over an offender may be transferred
from the sentencing court to the court of another circuit
with the concurrence of both courts. Further transfers or
retransfers of jurisdiction are also authorized in the same
manner. The court to which jurisdiction has been transferred
shall have the same powers as the sentencing court.
(i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992, as a condition of such probation or
conditional discharge, a fee of $25 for each month of
probation or conditional discharge supervision ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge to pay the
fee, the court assesses a lesser fee. The court may not
impose the fee on a minor who is made a ward of the State
under the Juvenile Court Act of 1987 while the minor is in
placement. The fee shall be imposed only upon an offender who
is actively supervised by the probation and court services
department. The fee shall be collected by the clerk of the
circuit court. The clerk of the circuit court shall pay all
monies collected from this fee to the county treasurer for
deposit in the probation and court services fund under
Section 15.1 of the Probation and Probation Officers Act.
(j) All fines and costs imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(Source: P.A. 89-198, eff. 7-21-95; 89-587, eff. 7-31-96;
89-688, eff. 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
90-504, eff. 1-1-98; revised 10-30-97.)
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
Sec. 5-6-3.1. Incidents and Conditions of Supervision.
(a) When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such supervision, and shall defer further proceedings in the
case until the conclusion of the period.
(b) The period of supervision shall be reasonable under
all of the circumstances of the case, but may not be longer
than 2 years, unless the defendant has failed to pay the
assessment required by Section 10.3 of the Cannabis Control
Act or Section 411.2 of the Illinois Controlled Substances
Act, in which case the court may extend supervision beyond 2
years. Additionally, the court shall order the defendant to
perform no less than 30 hours of community service and not
more than 120 hours of community service, if community
service is available in the jurisdiction and is funded and
approved by the county board where the offense was committed,
when the offense (1) was related to or in furtherance of the
criminal activities of an organized gang or was motivated by
the defendant's membership in or allegiance to an organized
gang; or (2) is a violation of any Section of Article 24 of
the Criminal Code of 1961 where a disposition of supervision
is not prohibited by Section 5-6-1 of this Code. The
community service shall include, but not be limited to, the
cleanup and repair of any damage caused by violation of
Section 21-1.3 of the Criminal Code of 1961 and similar
damages to property located within the municipality or county
in which the violation occurred. Where possible and
reasonable, the community service should be performed in the
offender's neighborhood.
For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the court require that
the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the
order of supervision;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for
the instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other
dangerous weapon;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for
youth;
(iv) contribute to his own support at home or
in a foster home; and
(9) make restitution or reparation in an amount not
to exceed actual loss or damage to property and pecuniary
loss or make restitution under Section 5-5-6 to a
domestic violence shelter. The court shall determine the
amount and conditions of payment;
(10) perform some reasonable public or community
service;
(11) comply with the terms and conditions of an
order of protection issued by the court pursuant to the
Illinois Domestic Violence Act of 1986. If the court has
ordered the defendant to make a report and appear in
person under paragraph (1) of this subsection, a copy of
the order of protection shall be transmitted to the
person or agency so designated by the court;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council
Act for any reasonable expenses incurred by the program
on the offender's case, not to exceed the maximum amount
of the fine authorized for the offense for which the
defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, to a
"local anti-crime program", as defined in Section 7 of
the Anti-Crime Advisory Council Act;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of person, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug.
(d) The court shall defer entering any judgment on the
charges until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if
the court determines that the defendant has successfully
complied with all of the conditions of supervision, the court
shall discharge the defendant and enter a judgment dismissing
the charges.
(f) Discharge and dismissal upon a successful conclusion
of a disposition of supervision shall be deemed without
adjudication of guilt and shall not be termed a conviction
for purposes of disqualification or disabilities imposed by
law upon conviction of a crime. Two years after the
discharge and dismissal under this Section, unless the
disposition of supervision was for a violation of Sections
3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
Vehicle Code or a similar provision of a local ordinance, or
for a violation of Sections 12-3.2 or 16A-3 of the Criminal
Code of 1961, in which case it shall be 5 years after
discharge and dismissal, a person may have his record of
arrest sealed or expunged as may be provided by law.
However, any defendant placed on supervision before January
1, 1980, may move for sealing or expungement of his arrest
record, as provided by law, at any time after discharge and
dismissal under this Section. A person placed on supervision
for a sexual offense committed against a minor as defined in
subsection (g) of Section 5 of the Criminal Identification
Act or for a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance
shall not have his or her record of arrest sealed or
expunged.
(g) A defendant placed on supervision and who during the
period of supervision undergoes mandatory drug or alcohol
testing, or both, or is assigned to be placed on an approved
electronic monitoring device, shall be ordered to pay the
costs incidental to such mandatory drug or alcohol testing,
or both, and costs incidental to such approved electronic
monitoring in accordance with the defendant's ability to pay
those costs. The county board with the concurrence of the
Chief Judge of the judicial circuit in which the county is
located shall establish reasonable fees for the cost of
maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs
incidental to approved electronic monitoring, of all
defendants placed on supervision. The concurrence of the
Chief Judge shall be in the form of an administrative order.
The fees shall be collected by the clerk of the circuit
court. The clerk of the circuit court shall pay all moneys
collected from these fees to the county treasurer who shall
use the moneys collected to defray the costs of drug testing,
alcohol testing, and electronic monitoring. The county
treasurer shall deposit the fees collected in the county
working cash fund under Section 6-27001 or Section 6-29002 of
the Counties Code, as the case may be.
(h) A disposition of supervision is a final order for
the purposes of appeal.
(i) The court shall impose upon a defendant placed on
supervision after January 1, 1992, as a condition of
supervision, a fee of $25 for each month of supervision
ordered by the court, unless after determining the inability
of the person placed on supervision to pay the fee, the court
assesses a lesser fee. The court may not impose the fee on a
minor who is made a ward of the State under the Juvenile
Court Act of 1987 while the minor is in placement. The fee
shall be imposed only upon a defendant who is actively
supervised by the probation and court services department.
The fee shall be collected by the clerk of the circuit court.
The clerk of the circuit court shall pay all monies collected
from this fee to the county treasurer for deposit in the
probation and court services fund pursuant to Section 15.1 of
the Probation and Probation Officers Act.
(j) All fines and costs imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(k) A defendant at least 17 years of age who is placed
on supervision for a misdemeanor in a county of 3,000,000 or
more inhabitants and who has not been previously convicted of
a misdemeanor or felony may as a condition of his or her
supervision be required by the court to attend educational
courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work
toward passing the high school level Test of General
Educational Development (GED) or to work toward completing a
vocational training program approved by the court. The
defendant placed on supervision must attend a public
institution of education to obtain the educational or
vocational training required by this subsection (k). The
defendant placed on supervision shall be required to pay for
the cost of the educational courses or GED test, if a fee is
charged for those courses or test. The court shall revoke
the supervision of a person who wilfully fails to comply with
this subsection (k). The court shall resentence the
defendant upon revocation of supervision as provided in
Section 5-6-4. This subsection (k) does not apply to a
defendant who has a high school diploma or has successfully
passed the GED test. This subsection (k) does not apply to a
defendant who is determined by the court to be
developmentally disabled or otherwise mentally incapable of
completing the educational or vocational program.
(l) (k) The court shall require a defendant placed on
supervision for possession of a substance prohibited by the
Cannabis Control Act or Illinois Controlled Substances Act
after a previous conviction or disposition of supervision for
possession of a substance prohibited by the Cannabis Control
Act or Illinois Controlled Substances Act or a sentence of
probation under Section 10 of the Cannabis Control Act or
Section 410 of the Illinois Controlled Substances Act and
after a finding by the court that the person is addicted, to
undergo treatment at a substance abuse program approved by
the court.
(Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 89-688, eff.
6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff.
1-1-98; revised 10-30-97.)
(730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
Sec. 5-7-1. Sentence of Periodic Imprisonment.
(a) A sentence of periodic imprisonment is a sentence of
imprisonment during which the committed person may be
released for periods of time during the day or night or for
periods of days, or both, or if convicted of a felony, other
than first degree murder, a Class X or Class 1 felony,
committed to any county, municipal, or regional correctional
or detention institution or facility in this State for such
periods of time as the court may direct. Unless the court
orders otherwise, the particular times and conditions of
release shall be determined by the Department of Corrections,
the sheriff, or the Superintendent of the house of
corrections, who is administering the program.
(b) A sentence of periodic imprisonment may be imposed
to permit the defendant to:
(1) seek employment;
(2) work;
(3) conduct a business or other self-employed
occupation including housekeeping;
(4) attend to family needs;
(5) attend an educational institution, including
vocational education;
(6) obtain medical or psychological treatment;
(7) perform work duties at a county, municipal, or
regional correctional or detention institution or
facility;
(8) continue to reside at home with or without
supervision involving the use of an approved electronic
monitoring device, subject to Article 8A of Chapter V; or
(9) for any other purpose determined by the court.
(c) Except where prohibited by other provisions of this
Code, the court may impose a sentence of periodic
imprisonment for a felony or misdemeanor on a person who is
17 years of age or older. The court shall not impose a
sentence of periodic imprisonment if it imposes a sentence of
imprisonment upon the defendant in excess of 90 days.
(d) A sentence of periodic imprisonment shall be for a
definite term of from 3 to 4 years for a Class 1 felony, 18
to 30 months for a Class 2 felony, and up to 18 months, or
the longest sentence of imprisonment that could be imposed
for the offense, whichever is less, for all other offenses;
however, no person shall be sentenced to a term of periodic
imprisonment longer than one year if he is committed to a
county correctional institution or facility, and in
conjunction with that sentence participate in a county work
release program comparable to the work and day release
program provided for in Article 13 of the Unified Code of
Corrections in State facilities. The term of the sentence
shall be calculated upon the basis of the duration of its
term rather than upon the basis of the actual days spent in
confinement. No sentence of periodic imprisonment shall be
subject to the good time credit provisions of Section 3-6-3
of this Code.
(e) When the court imposes a sentence of periodic
imprisonment, it shall state:
(1) the term of such sentence;
(2) the days or parts of days which the defendant
is to be confined;
(3) the conditions.
(f) The court may issue an order of protection pursuant
to the Illinois Domestic Violence Act of 1986 as a condition
of a sentence of periodic imprisonment. The Illinois Domestic
Violence Act of 1986 shall govern the issuance, enforcement
and recording of orders of protection issued under this
Section. A copy of the order of protection shall be
transmitted to the person or agency having responsibility for
the case.
(g) An offender sentenced to periodic imprisonment who
undergoes mandatory drug or alcohol testing, or both, or is
assigned to be placed on an approved electronic monitoring
device, shall be ordered to pay the costs incidental to such
mandatory drug or alcohol testing, or both, and costs
incidental to such approved electronic monitoring in
accordance with the defendant's ability to pay those costs.
The county board with the concurrence of the Chief Judge of
the judicial circuit in which the county is located shall
establish reasonable fees for the cost of maintenance,
testing, and incidental expenses related to the mandatory
drug or alcohol testing, or both, and all costs incidental to
approved electronic monitoring, of all offenders with a
sentence of periodic imprisonment. The concurrence of the
Chief Judge shall be in the form of an administrative order.
The fees shall be collected by the clerk of the circuit
court. The clerk of the circuit court shall pay all moneys
collected from these fees to the county treasurer who shall
use the moneys collected to defray the costs of drug
testing, alcohol testing, and electronic monitoring. The
county treasurer shall deposit the fees collected in the
county working cash fund under Section 6-27001 or Section
6-29002 of the Counties Code, as the case may be.
(h) All fees and costs imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(i) A defendant at least 17 years of age who is
convicted of a misdemeanor or felony in a county of 3,000,000
or more inhabitants and who has not been previously convicted
of a misdemeanor or a felony and who is sentenced to a term
of periodic imprisonment may as a condition of his or her
sentence be required by the court to attend educational
courses designed to prepare the defendant for a high school
diploma and to work toward receiving a high school diploma or
to work toward passing the high school level Test of General
Educational Development (GED) or to work toward completing a
vocational training program approved by the court. The
defendant sentenced to periodic imprisonment must attend a
public institution of education to obtain the educational or
vocational training required by this subsection (i). The
defendant sentenced to a term of periodic imprisonment shall
be required to pay for the cost of the educational courses or
GED test, if a fee is charged for those courses or test. The
court shall revoke the sentence of periodic imprisonment of
the defendant who wilfully fails to comply with this
subsection (i). The court shall resentence the defendant
whose sentence of periodic imprisonment has been revoked as
provided in Section 5-7-2. This subsection (i) does not
apply to a defendant who has a high school diploma or has
successfully passed the GED test. This subsection (i) does
not apply to a defendant who is determined by the court to be
developmentally disabled or otherwise mentally incapable of
completing the educational or vocational program.
(Source: P.A. 89-688, eff. 6-1-97; 90-399, eff. 1-1-98;
revised 10-30-97.)
(730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
Sec. 5-9-1. Authorized fines.
(a) An offender may be sentenced to pay a fine which
shall not exceed for each offense:
(1) for a felony, $25,000 or the amount specified
in the offense, whichever is greater, or where the
offender is a corporation, $50,000 or the amount
specified in the offense, whichever is greater;
(2) for a Class A misdemeanor, $2,500 or the amount
specified in the offense, whichever is greater;
(3) for a Class B or Class C misdemeanor, $1,500;
(4) for a petty offense, $1,000 or the amount
specified in the offense, whichever is less;
(5) for a business offense, the amount specified in
the statute defining that offense.
(b) A fine may be imposed in addition to a sentence of
conditional discharge, probation, periodic imprisonment, or
imprisonment.
(c) There shall be added to every fine imposed in
sentencing for a criminal or traffic offense, except an
offense relating to parking or registration, or offense by a
pedestrian, an additional penalty of $5 for each $40, or
fraction thereof, of fine imposed. The additional penalty of
$5 for each $40, or fraction thereof, of fine imposed, if not
otherwise assessed, shall also be added to every fine imposed
upon a plea of guilty, stipulation of facts or findings of
guilty, resulting in a judgment of conviction, or order of
supervision in criminal, traffic, local ordinance, county
ordinance, and conservation cases (except parking,
registration, or pedestrian violations), or upon a sentence
of probation without entry of judgment under Section 10 of
the Cannabis Control Act or Section 410 of the Controlled
Substances Act.
Such additional amounts shall be assessed by the court
imposing the fine and shall be collected by the Circuit Clerk
in addition to the fine and costs in the case. Each such
additional penalty shall be remitted by the Circuit Clerk
within one month after receipt to the State Treasurer. The
State Treasurer shall deposit $1 for each $40, or fraction
thereof, of fine imposed into the LEADS Maintenance Fund.
The remaining surcharge amount shall be deposited into the
Traffic and Criminal Conviction Surcharge Fund, unless the
fine, costs or additional amounts are subject to disbursement
by the circuit clerk under Section 27.5 of the Clerks of
Courts Act. Such additional penalty shall not be considered
a part of the fine for purposes of any reduction in the fine
for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall
submit a report of the amount of funds remitted to the State
Treasurer under this subsection (c) during the preceding
calendar year. Except as otherwise provided by Supreme Court
Rules, if a court in imposing a fine against an offender
levies a gross amount for fine, costs, fees and penalties,
the amount of the additional penalty provided for herein
shall be computed on the amount remaining after deducting
from the gross amount levied all fees of the Circuit Clerk,
the State's Attorney and the Sheriff. After deducting from
the gross amount levied the fees and additional penalty
provided for herein, less any other additional penalties
provided by law, the clerk shall remit the net balance
remaining to the entity authorized by law to receive the fine
imposed in the case. For purposes of this Section "fees of
the Circuit Clerk" shall include, if applicable, the fee
provided for under Section 27.3a of the Clerks of Courts Act
and the fee, if applicable, payable to the county in which
the violation occurred pursuant to Section 5-1101 of the
Counties Code.
(c-5) In addition to the fines imposed by subsection
(c), any person convicted or receiving an order of
supervision for driving under the influence of alcohol or
drugs shall pay an additional $25 fee to the clerk. This
additional fee, less 2 1/2% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the Treasurer within 60 days after receipt
for deposit into the Trauma Center Fund. This additional fee
of $25 shall not be considered a part of the fine for
purposes of any reduction in the fine for time served either
before or after sentencing. Not later than March 1 of each
year the Circuit Clerk shall submit a report of the amount of
funds remitted to the State Treasurer under this subsection
(c-5) during the preceding calendar year.
The Circuit Clerk may accept payment of fines and costs
by credit card from an offender who has been convicted of a
traffic offense, petty offense or misdemeanor and may charge
the service fee permitted where fines and costs are paid by
credit card provided for in Section 27.3b of the Clerks of
Courts Act.
(d) In determining the amount and method of payment of a
fine, except for those fines established for violations of
Chapter 15 of the Illinois Vehicle Code, the court shall
consider:
(1) the financial resources and future ability of
the offender to pay the fine; and
(2) whether the fine will prevent the offender from
making court ordered restitution or reparation to the
victim of the offense; and
(3) in a case where the accused is a dissolved
corporation and the court has appointed counsel to
represent the corporation, the costs incurred either by
the county or the State for such representation.
(e) The court may order the fine to be paid forthwith or
within a specified period of time or in installments.
(f) All fines, costs and additional amounts imposed
under this Section for any violation of Chapters 3, 4, 6, and
11 of the Illinois Vehicle Code, or a similar provision of a
local ordinance, and any violation of the Child Passenger
Protection Act, or a similar provision of a local ordinance,
shall be collected and disbursed by the circuit clerk as
provided under Section 27.5 of the Clerks of Courts Act.
(Source: P.A. 89-105, eff. 1-1-96; 90-130, eff. 1-1-98;
90-384, eff. 1-1-98; revised 10-3-97.)
(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
Sec. 5-9-1.4. (a) "Crime laboratory" means any
not-for-profit laboratory registered with the Drug
Enforcement Administration of the United States Department of
Justice, substantially funded by a unit or combination of
units of local government or the State of Illinois, which
regularly employs at least one person engaged in the analysis
of controlled substances, cannabis or steroids for criminal
justice agencies in criminal matters and provides testimony
with respect to such examinations.
(b) When a person has been adjudged guilty of an offense
in violation of the Cannabis Control Act, the Illinois
Controlled Substances Act or the Steroid Control Act, in
addition to any other disposition, penalty or fine imposed, a
criminal laboratory analysis fee of $50 for each offense for
which he was convicted shall be levied by the court. Any
person placed on probation pursuant to Section 10 of the
Cannabis Control Act, Section 410 of the Illinois Controlled
Substances Act or Section 10 of the Steroid Control Act or
placed on supervision for a violation of the Cannabis Control
Act, the Illinois Controlled Substances Act or the Steroid
Control Act shall be assessed a criminal laboratory analysis
fee of $50 for each each offense for which he was charged.
Upon verified petition of the person, the court may suspend
payment of all or part of the fee if it finds that the person
does not have the ability to pay the fee.
(c) In addition to any other disposition made pursuant
to the provisions of the Juvenile Court Act of 1987, any
minor adjudicated delinquent for an offense which if
committed by an adult would constitute a violation of the
Cannabis Control Act, the Illinois Controlled Substances Act
or the Steroid Control Act shall be assessed a criminal
laboratory analysis fee of $50 for each adjudication. Upon
verified petition of the minor, the court may suspend payment
of all or part of the fee if it finds that the minor does not
have the ability to pay the fee. The parent, guardian or
legal custodian of the minor may pay some or all of such fee
on the minor's behalf.
(d) All criminal laboratory analysis fees provided for
by this Section shall be collected by the clerk of the court
and forwarded to the appropriate crime laboratory fund as
provided in subsection (f).
(e) Crime laboratory funds shall be established as
follows:
(1) Any unit of local government which maintains a
crime laboratory may establish a crime laboratory fund
within the office of the county or municipal treasurer.
(2) Any combination of units of local government
which maintains a crime laboratory may establish a crime
laboratory fund within the office of the treasurer of the
county where the crime laboratory is situated.
(3) The State Crime Laboratory Fund is hereby
created as a special fund in the State Treasury.
(f) The analysis fee provided for in subsections (b) and
(c) of this Section shall be forwarded to the office of the
treasurer of the unit of local government that performed the
analysis if that unit of local government has established a
crime laboratory fund, or to the State Crime Laboratory Fund
if the analysis was performed by a laboratory operated by the
Illinois State Police. If the analysis was performed by a
crime laboratory funded by a combination of units of local
government, the analysis fee shall be forwarded to the
treasurer of the county where the crime laboratory is
situated if a crime laboratory fund has been established in
that county. If the unit of local government or combination
of units of local government has not established a crime
laboratory fund, then the analysis fee shall be forwarded to
the State Crime Laboratory Fund. The clerk of the circuit
court may retain the amount of $5 from each collected
analysis fee to offset administrative costs incurred in
carrying out the clerk's responsibilities under this Section.
(g) Fees deposited into a crime laboratory fund created
pursuant to paragraphs (1) or (2) of subsection (e) of this
Section shall be in addition to any allocations made pursuant
to existing law and shall be designated for the exclusive use
of the crime laboratory. These uses may include, but are not
limited to, the following:
(1) costs incurred in providing analysis for
controlled substances in connection with criminal
investigations conducted within this State;
(2) purchase and maintenance of equipment for use
in performing analyses; and
(3) continuing education, training and professional
development of forensic scientists regularly employed by
these laboratories.
(h) Fees deposited in the State Crime Laboratory Fund
created pursuant to paragraph (3) of subsection (d) of this
Section shall be used by State crime laboratories as
designated by the Director of State Police. These funds
shall be in addition to any allocations made pursuant to
existing law and shall be designated for the exclusive use of
State crime laboratories. These uses may include those
enumerated in subsection (g) of this Section.
(Source: P.A. 86-1399; 86-1475; revised 7-11-97.)
(730 ILCS 5/5-9-1.10)
Sec. 5-9-1.10. Additional fines. There shall be added
to every penalty imposed in sentencing for a violation of
Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of
1961 an additional fine of $100 payable to the clerk, which
shall be imposed upon the entry of a judgment of conviction.
This additional fee, less 2 1/2% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the Treasurer within 60 days after receipt
for deposit into the Trauma Center Fund. This additional fee
of $100 shall not be considered a part of the fine for
purposes of any reduction in the fine for time served either
before or after sentencing. Not later than March 1 of each
year the circuit clerk shall submit a report of the amount of
funds remitted to the State Treasurer under this Section
during the preceding calendar year. All moneys collected by
the circuit clerk and remitted to the State Treasurer under
Section 27.6 26.7 of the Clerks of Courts Act shall be
deposited into the Trauma Center Fund for distribution as
provided under Section 3.225 of the Emergency Medical
Services (EMS) Systems Act.
(Source: P.A. 89-516, eff. 7-18-96; revised 12-18-97.)
Section 164. The Sex Offender Registration Act is
amended by changing Sections 2 and 10 as follows:
(730 ILCS 150/2) (from Ch. 38, par. 222)
Sec. 2. Definitions. As used in this Article, the
following definitions apply:
(A) "Sex offender" means any person who is:
(1) charged pursuant to Illinois law, or any
substantially similar federal or sister state law, with a
sex offense set forth in subsection (B) of this Section
or the attempt to commit an included sex offense, and:
(a) is convicted of such offense or an attempt
to commit such offense; or
(b) is found not guilty by reason of insanity
of such offense or an attempt to commit such
offense; or
(c) is found not guilty by reason of insanity
pursuant to Section 104-25(c) of the Code of
Criminal Procedure of 1963 of such offense or an
attempt to commit such offense; or
(d) is the subject of a finding not resulting
in an acquittal at a hearing conducted pursuant to
Section 104-25(a) of the Code of Criminal Procedure
of 1963 for the alleged commission or attempted
commission of such offense; or
(e) is found not guilty by reason of insanity
following a hearing conducted pursuant to a federal
or sister state law substantially similar to Section
104-25(c) of the Code of Criminal Procedure of 1963
of such offense or of the attempted commission of
such offense; or
(f) is the subject of a finding not resulting
in an acquittal at a hearing conducted pursuant to a
federal or sister state law substantially similar to
Section 104-25(a) of the Code of Criminal Procedure
of 1963 for the alleged violation or attempted
commission of such offense; or
(2) certified as a sexually dangerous person
pursuant to the Illinois Sexually Dangerous Persons Act,
or any substantially similar federal or sister state law;
or
(3) subject to the provisions of Section 2 of the
Interstate Agreements on Sexually Dangerous Persons Act.
Convictions that result from or are connected with the
same act, or result from offenses committed at the same time,
shall be counted for the purpose of this Article as one
conviction. Any conviction set aside pursuant to law is not
a conviction for purposes of this Article.
(B) As used in this Section, "sex offense" means:
(1) A violation of any of the following Sections of
the Criminal Code of 1961, when the violation is a
felony:
11-20.1 (child pornography),
11-6 (indecent solicitation of a child),
11-9.1 (sexual exploitation of a child),
11-15.1 (soliciting for a juvenile prostitute),
11-18.1 (patronizing a juvenile prostitute),
11-17.1 (keeping a place of juvenile
prostitution),
11-19.1 (juvenile pimping),
11-19.2 (exploitation of a child),
12-13 (criminal sexual assault),
12-14 (aggravated criminal sexual assault),
12-14.1 (predatory criminal sexual assault of a
child),
12-15 (criminal sexual abuse),
12-16 (aggravated criminal sexual abuse),
12-33 (ritualized abuse of a child).
An attempt to commit any of these offenses.
(1.5) A felony violation of any of the following
Sections of the Criminal Code of 1961, when the victim is
a person under 18 years of age, the defendant is not a
parent of the victim, and the offense was committed on or
after January 1, 1996:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(1.6) First degree murder under Section 9-1 of the
Criminal Code of 1961, when the victim was a person under
18 years of age, the defendant was at least 17 years of
age at the time of the commission of the offense, and the
offense was committed on or after June 1, 1996.
(1.7) A misdemeanor violation of any of the
following Sections of the Criminal Code of 1961, when the
offense was committed on or after June 1, 1997:
11-6 (indecent solicitation of a child),
11-9.1 (sexual exploitation of a child),
12-15 (criminal sexual abuse).,
An attempt to commit any of these offenses.
(1.8) A violation or attempted violation of Section
11-11 (sexual relations within families) of the Criminal
Code of 1961, when the victim was a person under 18 years
of age and the offense was committed on or after June 1,
1997.
(1.9) (1.7) Child abduction under paragraph (10) of
subsection (b) of Section 10-5 of the Criminal Code of
1961 committed by luring or attempting to lure a child
under the age of 16 into a motor vehicle, building,
housetrailer, or dwelling place without the consent of
the parent or lawful custodian of the child for other
than a lawful purpose and the offense was committed on or
after January 1, 1998 the effective date of this
amendatory Act of 1997.
(2) A violation of any former law of this State
substantially equivalent to any offense listed in
subsection (B)(1) of this Section.
(C) A conviction for an offense of federal law or the
law of another state that is substantially equivalent to any
offense listed in subsection (B) of this Section shall
constitute a conviction for the purpose of this Article. A
finding or adjudication as a sexually dangerous person under
any federal law or law of another state that is substantially
equivalent to the Sexually Dangerous Persons Act shall
constitute an adjudication for the purposes of this Article.
(C-5) A person at least 17 years of age at the time of
the commission of the offense who is convicted of first
degree murder under Section 9-1 of the Criminal Code of 1961,
committed on or after June 1, 1996 against a person under 18
years of age, shall be required to register for a period of
10 years after conviction or adjudication if not confined to
a penal institution, hospital, or any other institution or
facility, and if confined, for a period of 10 years after
parole, discharge, or release from the facility. Liability
for registration terminates at the expiration of 10 years
from the date of conviction or adjudication if not confined
in a penal institution, hospital, or any other institution or
facility, and if confined at the expiration of 10 years from
the date of parole, discharge, or release from any facility;
provided that the child murderer does not, during that period
again become liable to register under the provisions of this
Article or the Sex Offender and Child Murderer Community
Notification Law.
(D) As used in this Article, "law enforcement agency
having jurisdiction" means the Chief of Police in the
municipality in which the sex offender expects to reside (1)
upon his or her discharge, parole or release or (2) during
the service of his or her sentence of probation or
conditional discharge, or the Sheriff of the county, in the
event no Police Chief exists or if the offender intends to
reside in an unincorporated area.
(Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462,
eff. 6-1-96; 90-193, eff. 7-24-97; 90-494, eff. 1-1-98;
revised 9-2-97.)
(730 ILCS 150/10) (from Ch. 38, par. 230)
Sec. 10. Penalty. Any person who is required to
register under this Article who violates any of the
provisions of this Article, any person who is required to
register under this Article who knowingly or wilfully gives
material information required by this Article that is false,
and any person who is required to register under this Article
who seeks to change his or her name under Article 21 of the
Code of Civil Procedure is guilty of a Class 4 felony. Any
person convicted of a violation of any provision of this
Article shall, in addition to any other penalty required by
law, be required to serve a minimum period of 7 days
confinement in the local county jail. The court shall impose
a mandatory minimum fine of $500 for failure to comply with
any provision of this Article. These fines shall be
deposited in the Sex Offender Registration Fund.
(Source: P.A. 89-8, eff. 1-1-96; 89-462, eff. 6-1-96; 90-125,
eff. 1-1-98; 90-193, eff. 7-24-97; revised 9-2-97.)
Section 165. The Sex Offender and Child Murderer
Community Notification Law is amended by changing the Article
1 heading as follows:
(730 ILCS 152/Art. 1 heading)
ARTICLE 1. THE CHILD SEX OFFENDER
AND MURDERER COMMUNITY NOTIFICATION LAW.
Section 166. The Code of Civil Procedure is amended by
changing Sections 2-1401, 7-103, 12-112, 13-113, 13-202.1,
and 14-103 as follows:
(735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
Sec. 2-1401. Relief from judgments.
(a) Relief from final orders and judgments, after 30
days from the entry thereof, may be had upon petition as
provided in this Section. Writs of error coram nobis and
coram vobis, bills of review and bills in the nature of bills
of review are abolished. All relief heretofore obtainable
and the grounds for such relief heretofore available, whether
by any of the foregoing remedies or otherwise, shall be
available in every case, by proceedings hereunder, regardless
of the nature of the order or judgment from which relief is
sought or of the proceedings in which it was entered. Except
as provided in Section 6 of the Illinois Parentage Act of
1984, there shall be no distinction between actions and other
proceedings, statutory or otherwise, as to availability of
relief, grounds for relief or the relief obtainable.
(b) The petition must be filed in the same proceeding in
which the order or judgment was entered but is not a
continuation thereof. The petition must be supported by
affidavit or other appropriate showing as to matters not of
record. All parties to the petition shall be notified as
provided by rule.
(c) Except as provided in Section 20b of the Adoption
Act and Section 3-32 of the Juvenile Court Act of 1987 or in
a petition based upon Section 116-3 of the Code of Criminal
Procedure of 1963, the petition must be filed not later than
2 years after the entry of the order or judgment. Time
during which the person seeking relief is under legal
disability or duress or the ground for relief is fraudulently
concealed shall be excluded in computing the period of 2
years.
(d) The filing of a petition under this Section does not
affect the order or judgment, or suspend its operation.
(e) Unless lack of jurisdiction affirmatively appears
from the record proper, the vacation or modification of an
order or judgment pursuant to the provisions of this Section
does not affect the right, title or interest in or to any
real or personal property of any person, not a party to the
original action, acquired for value after the entry of the
order or judgment but before the filing of the petition, nor
affect any right of any person not a party to the original
action under any certificate of sale issued before the filing
of the petition, pursuant to a sale based on the order or
judgment.
(f) Nothing contained in this Section affects any
existing right to relief from a void order or judgment, or to
employ any existing method to procure that relief.
(Source: P.A. 90-18, eff. 7-1-97; 90-27, eff. 1-1-98; 90-141,
eff. 1-1-98; revised 8-4-97.)
(735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
Sec. 7-103. "Quick-take". This Section applies only to
proceedings under this Article:
(1) by the State of Illinois, the Illinois Toll
Highway Authority or the St. Louis Metropolitan Area
Airport Authority for the acquisition of land or
interests therein for highway purposes;
(2) (blank);
(3) by the Department of Commerce and Community
Affairs for the purpose specified in the Illinois Coal
Development Bond Act;
(4) (blank);
(5) for the purpose specified in the St. Louis
Metropolitan Area Airport Authority Act;
(6) for a period of 24 months after May 24, 1996,
by the Southwestern Illinois Development Authority
pursuant to the Southwestern Illinois Development
Authority Act;
(7) for a period of 3 years after December 30,
1987, by the Quad Cities Regional Economic Development
Authority (except for the acquisition of land or
interests therein that is farmland, or upon which is
situated a farm dwelling and appurtenant structures, or
upon which is situated a residence, or which is wholly
within an area that is zoned for residential use)
pursuant to the Quad Cities Regional Economic Development
Authority Act;
(8) by a sanitary district created under the
Metropolitan Water Reclamation District Act for the
acquisition of land or interests therein for purposes
specified in that Act;
(9) by a rail carrier within the time limitations
and subject to the terms and conditions set forth in
Section 18c-7501 of the Illinois Vehicle Code;
(10) for a period of 18 months after January 26,
1987, for the purpose specified in Division 135 of
Article 11 of the Illinois Municipal Code, by a
commission created under Section 2 of the Water
Commission Act of 1985;
(11) by a village containing a population of less
than 15,000 for the purpose of acquiring property to be
used for a refuse derived fuel system designed to
generate steam and electricity, and for industrial
development that will utilize such steam and electricity,
pursuant to Section 11-19-10 of the Illinois Municipal
Code;
(12) after receiving the prior approval of the City
Council, by a municipality having a population of more
than 500,000 for the purposes set forth in Section
11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
Illinois Municipal Code, and for the same purposes when
established pursuant to home rule powers;
(13) by a home rule municipality, after a public
hearing held by the corporate authorities or by a
committee of the corporate authorities and after approval
by a majority of the corporate authorities, within an
area designated as an enterprise zone by the municipality
under the Illinois Enterprise Zone Act;
(14) by the Illinois Sports Facilities Authority
for the purpose specified in Section 12 of the Illinois
Sports Facilities Authority Act;
(15) by a municipality having a population of more
than 2,000,000 for the purpose of acquiring the property
described in Section 3 of the Sports Stadium Act;
(16) for a period of 18 months after July 29, 1986,
in any proceeding by the Board of Trustees of the
University of Illinois for the acquisition of land in
Champaign County or interests therein as a site for a
building or for any educational purpose;
(17) for a period of 2 years after July 1, 1990, by
a home rule municipality and a county board, upon
approval of a majority of the corporate authorities of
both the county board and the municipality, within an
area designated as an enterprise zone by the municipality
and the county board through an intergovernmental
agreement under the Illinois Enterprise Zone Act, when
the purpose of the condemnation proceeding is to acquire
land for the construction of an industrial harbor port,
and when the total amount of land to be acquired for that
purpose is less than 75 acres and is adjacent to the
Illinois River;
(18) by an airport authority located solely within
the boundaries of Madison County, Illinois, and which is
organized pursuant to the provisions of the Airport
Authorities Act, (i) for the acquisition of 160 acres, or
less, of land or interests therein for the purposes
specified in that Act which may be necessary to extend,
mark, and light runway 11/29 for a distance of 1600 feet
in length by 100 feet in width with parallel taxiway, to
relocate and mark County Highway 19, Madison County,
known as Moreland Road, to relocate the instrument
landing system including the approach lighting system and
to construct associated drainage, fencing and seeding
required for the foregoing project and (ii) for a period
of 6 months after December 28, 1989, for the acquisition
of 75 acres, or less, of land or interests therein for
the purposes specified in that Act which may be necessary
to extend, mark and light the south end of runway 17/35
at such airport;
(19) by any unit of local government for a
permanent easement for the purpose of maintaining,
dredging or cleaning the Little Calumet River;
(20) by any unit of local government for a
permanent easement for the purpose of maintaining,
dredging or cleaning the Salt Creek in DuPage County;
(21) by St. Clair County, Illinois, for the
development of a joint use facility at Scott Air Force
Base;
(22) by the Village of Summit, Illinois, to acquire
land for a waste to energy plant;
(23) for a period of 15 months after September 7,
1990, by the Department of Transportation or by any unit
of local government under the terms of an
intergovernmental cooperation agreement between the
Department of Transportation and the unit of local
government for the purpose of developing aviation
facilities in and around Chanute Air Force Base in
Champaign County, Illinois;
(24) for a period of 1 year after December 12,
1990, by the City of Morris for the development of the
Morris Municipal Airport;
(25) for a period of 1 year after June 19, 1991, by
the Greater Rockford Airport Authority for airport
expansion purposes;
(26) for a period of 24 months after June 30, 1991,
by the City of Aurora for completion of an instrument
landing system and construction of an east-west runway at
the Aurora Municipal Airport;
(27) for the acquisition by the Metropolitan Pier
and Exposition Authority of property described in
subsection (f) of Section 5 of the Metropolitan Pier and
Exposition Authority Act for the purposes of providing
additional grounds, buildings, and facilities related to
the purposes of the Metropolitan Pier and Exposition
Authority;
(28) for a period of 24 months after March 1, 1992,
by the Village of Wheeling and the City of Prospect
Heights, owners of the Palwaukee Municipal Airport, to
allow for the acquisition of right of way to complete the
realignment of Hintz Road and Wolf Road;
(29) for a period of one year from the effective
date of this amendatory Act of 1992, by the
Bloomington-Normal Airport Authority for airport
expansion purposes;
(30) for a period of 24 months after September 10,
1993, by the Cook County Highway Department and Lake
County Department of Transportation to allow for the
acquisition of necessary right-of-way for construction of
underpasses for Lake-Cook Road at the Chicago
Northwestern Railroad crossing, west of Skokie Boulevard,
and the Chicago, Milwaukee, St. Paul and Pacific Railroad
crossing, west of Waukegan Road;
(31) for a period of one year after December 23,
1993, by the City of Arcola and the City of Tuscola for
the development of the Arcola/Tuscola Water Transmission
Pipeline Project pursuant to the intergovernmental
agreement between the City of Arcola and the City of
Tuscola;
(32) for a period of 24 months from December 23,
1993, by the Village of Bensenville for the acquisition
of property bounded by Illinois Route 83 to the west and
O'Hare International Airport to the east to complete a
flood control project known as the Bensenville Ditch;
(33) for a period of 9 months after November 1,
1993, by the Medical Center Commission for the purpose of
acquiring a site for the Illinois State Police Forensic
Science Laboratory at Chicago, on the block bounded by
Roosevelt Road on the north, Wolcott Street on the east,
Washburn Street on the south, and Damen Avenue on the
west in Chicago, Illinois;
(34) for a period of 36 months after July 14, 1995,
by White County for the acquisition of a 3 1/2 mile
section of Bellaire Road, which is described as follows:
Commencing at the Northwest Corner of the Southeast 1/4
of Section 28, Township 6 South, Range 10 East of the 3rd
Principal Meridian; thence South to a point at the
Southwest Corner of the Southeast 1/4 of Section 9,
Township 7 South, Range 10 East of the 3rd Principal
Meridian;
(35) for a period of one year after July 14, 1995,
by the City of Aurora for permanent and temporary
easements except over land adjacent to Indian Creek and
west of Selmarten Creek located within the City of Aurora
for the construction of Phase II of the Indian Creek
Flood Control Project;
(35.1) for a period beginning June 24, 1995 (the
day following the effective date of Public Act 89-29) and
ending on July 13, 1995 (the day preceding the effective
date of Public Act 89-134), by the City of Aurora for
permanent and temporary easements for the construction of
Phase II of the Indian Creek Flood Control Project;
(36) for a period of 3 years from July 14, 1995, by
the Grand Avenue Railroad Relocation Authority for the
Grand Avenue Railroad Grade Separation Project within the
Village of Franklin Park, Illinois;
(37) for a period of 3 years after July 14, 1995,
by the Village of Romeoville for the acquisition of
rights-of-way for the 135th Street Bridge Project, lying
within the South 1/2 of Section 34, Township 37 North,
Range 10 East and the South 1/2 of Section 35, Township
37 North, Range 10 East of the Third Principal Meridian,
and the North 1/2 of Section 2, Township 36 North, Range
10 East and the North 1/2 of Section 3, Township 36
North, Range 10 East of the 3rd Principal Meridian, in
Will County, Illinois;
(37.1) for a period of 3 years after June 23, 1995,
by the Illinois Department of Transportation for the
acquisition of rights-of-way for the 135th Street Bridge
Project between the Des Plaines River and New Avenue
lying within the South 1/2 of Section 35, Township 37
North, Range 10 East of the Third Principal Meridian and
the North 1/2 of Section 2, Township 36 North, Range 10
East of the 3rd Principal Meridian, in Will County,
Illinois;
(38) for a period beginning June 24, 1995 (the day
after the effective date of Public Act 89-29) and ending
18 months after July 14, 1995 (the effective date of
Public Act 89-134), by the Anna-Jonesboro Water
Commission for the acquisition of land and easements for
improvements to its water treatment and storage
facilities and water transmission pipes;
(39) for a period of 36 months after July 14, 1995,
by the City of Effingham for the acquisition of property
which is described as follows:
Tract 1:
Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
thereof recorded in Book "K", Page 769, in the Recorder's
Office of Effingham County), situated in the City of
Effingham, County of Effingham and State of Illinois.
Tract 2:
The alley lying South and adjoining Tract 1, as
vacated by Ordinance recorded on July 28, 1937 in Book
183, Page 465, and all right, title and interest in and
to said alley as established by the Contract for Easement
recorded on August 4, 1937 in Book 183, Page 472;
(40) for a period of one year after July 14, 1995,
by the Village of Palatine for the acquisition of
property located along the south side of Dundee Road
between Rand Road and Hicks Road for redevelopment
purposes;
(41) for a period of 6 years after July 1, 1995,
for the acquisition by the Medical Center District of
property described in Section 3 of the Illinois Medical
District Act within the District Development Area as
described in Section 4 of that Act for the purposes set
forth in that Act;
(41.5) for a period of 24 months after June 21,
1996 by the City of Effingham, Illinois for acquisition
of property for the South Raney Street Improvement
Project Phase I;
(42) for a period of 3 years after June 21, 1996,
by the Village of Deerfield for the acquisition of
territory within the Deerfield Village Center, as
designated as of that date by the Deerfield Comprehensive
Plan, with the exception of that area north of Jewett
Park Drive (extended) between Waukegan Road and the
Milwaukee Railroad Tracks, for redevelopment purposes;
(43) for a period of 12 months after June 21, 1996,
by the City of Harvard for the acquisition of property
lying west of Harvard Hills Road of sufficient size to
widen the Harvard Hills Road right of way and to install
and maintain city utility services not more than 200 feet
west of the center line of Harvard Hills Road;
(44) for a period of 5 years after June 21, 1996,
by the Village of River Forest, Illinois, within the area
designated as a tax increment financing district when the
purpose of the condemnation proceeding is to acquire land
for any of the purposes contained in the River Forest Tax
Increment Financing Plan or authorized by the Tax
Increment Allocation Redevelopment Act, provided that
condemnation of any property zoned and used exclusively
for residential purposes shall be prohibited;
(45) for a period of 18 months after June 28, 1996,
by the Village of Schaumburg for the acquisition of land,
easements, and aviation easements for the purpose of a
public airport in Cook and DuPage Counties; provided that
if any proceedings under the provisions of this Article
are pending on that date, "quick-take" may be utilized by
the Village of Schaumburg;
(46) for a period of one year after June 28, 1996,
by the City of Pinckneyville for the acquisition of land
and easements to provide for improvements to its water
treatment and storage facilities and water transmission
pipes, and for the construction of a sewerage treatment
facility and sewerage transmission pipes to serve the
Illinois Department of Corrections Pinckneyville
Correctional Facility;
(47) for a period of 6 months after June 28, 1996,
by the City of Streator for the acquisition of property
described as follows for a first flush basin sanitary
sewer system:
Tract 5: That part of lots 20 and 21 in Block
6 in Moore and Plumb's addition to the city of
Streator, Illinois, lying south of the right of way
of the switch track of the Norfolk and Western
Railroad (now abandoned) in the county of LaSalle,
state of Illinois;
Tract 6: That part of lots 30, 31 and 32 in
Block 7 in Moore and Plumb's Addition to the city of
Streator, Illinois, lying north of the centerline of
Coal Run Creek and south of the right of way of the
switch track of the Norfolk and Western Railroad
(now abandoned) in the county of LaSalle, state of
Illinois;
(48) for a period of 36 months after January 16,
1997, by the Bi-State Development Agency of the
Missouri-Illinois Metropolitan District for the
acquisition of rights of way and related property
necessary for the construction and operation of the
MetroLink Light Rail System, beginning in East St. Louis,
Illinois, and terminating at Mid America Airport, St.
Clair County, Illinois;
(49) for a period of 2 years after January 16,
1997, by the Village of Schaumburg for the acquisition of
rights-of-way, permanent easements, and temporary
easements for the purpose of improving the Roselle
Road/Illinois Route 58/Illinois Route 72 corridor,
including rights-of-way along Roselle Road, Remington
Road, Valley Lake Drive, State Parkway, Commerce Drive,
Kristin Circle, and Hillcrest Boulevard, a permanent
easement along Roselle Road, and temporary easements
along Roselle Road, State Parkway, Valley Lake Drive,
Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
in Cook County;
(50) (blank);
(51) for a period of 12 months after July 25, 1997
the effective date of this amendatory Act of 1997, by the
Village of Bloomingdale for utility relocations
necessitated by the Lake Street Improvement Project on
Lake Street between Glen Ellyn Road and Springfield Drive
in the Village of Bloomingdale;
(52) for a period of 36 months after July 25, 1997
the effective date of this amendatory Act of 1997, by the
City of Freeport, owners of the Freeport Albertus
Municipal Airport, to allow for acquisition of any land,
rights, or other property lying between East Lamm Road
and East Borchers Road to complete realignment of South
Hollywood Road and to establish the necessary runway
safety zone in accordance with Federal Aviation
Administration and Illinois Department of Transportation
design criteria;
(53) for a period of 3 years after July 1, 1997, by
the Village of Elmwood Park to be used only for the
acquisition of commercially zoned property within the
area designated as the Tax Increment Redevelopment
Project Area by ordinance passed and approved on December
15, 1986, as well as to be used only for the acquisition
of commercially zoned property located at the northwest
corner of North Avenue and Harlem Avenue and commercially
zoned property located at the southwest corner of Harlem
Avenue and Armitage Avenue for redevelopment purposes, as
set forth in Division 74.3 of Article 11 of the Illinois
Municipal Code;
(54) for a period of 3 years after July 25, 1997
the effective date of this amendatory Act of 1997, by the
Village of Oak Park for the acquisition of property
located along the south side of North Avenue between
Austin Boulevard and Harlem Avenue or along the north and
south side of Harrison Street between Austin Boulevard
and Elmwood Avenue, not including residentially zoned
properties within these areas, for commercial
redevelopment goals;.
(54.1) (53) for a period of 3 years after August
14, 1997 the effective date of this amendatory Act of
1997, by the Village of Oak Park for the acquisition of
property within the areas designated as the Greater
Downtown Area Tax Increment Financing District, the
Harlem/Garfield Tax Increment Financing District, and the
Madison Street Tax Increment Financing District, not
including residentially zoned properties within these
areas, for commercial redevelopment goals;
(54.2) (54) for a period of 3 years after August
14, 1997 the effective date of this amendatory Act of
1997, by the Village of Oak Park for the acquisition of
property within the areas designated as the North Avenue
Commercial Strip and the Harrison Street Business Area,
not including residentially zoned properties within these
areas, for commercial redevelopment goals;
(55) (51) for a period of 3 years after August 14,
1997 the effective date of this amendatory Act of 1997 by
the Village of Morton Grove, within the area designated
as the Waukegan Road Tax Increment Financing District to
be used only for acquiring commercially zoned properties
located on Waukegan Road for tax increment redevelopment
projects contained in the redevelopment plan for the
area;
(56) (52) For a period of 2 years after August 14,
1997 the effective date of this amendatory Act of 1997,
by the Village of Rosemont for the acquisition of the
property described as Tract 1, and the acquisition of any
leasehold interest of the property described as Tract 2,
both described as follows:
Tract 1
PARCEL 1:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
00 DEGREES 00 MINUTES 00 SECONDS EAST FOR THIS LEGAL
DESCRIPTION); THENCE NORTH 00 DEGREES 00 MINUTES 00
SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
427.26 FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE
CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST
ALONG SAID LAST DESCRIBED PARALLEL LINE, 251.92 FEET;
THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST,
32.53 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00
SECONDS EAST, 53.70 FEET; THENCE SOUTH 72 DEGREES 34
MINUTES 18 SECONDS EAST, 149.63 FEET; THENCE SOUTH 00
DEGREES 00 MINUTES 00 SECONDS WEST, 230.11 FEET; THENCE
SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 219.46 FEET,
TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.
PARCEL 2:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS
MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE
SOUTH LINE OF SAID SOUTHWEST 1/4 WITH A LINE 484.69
FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
WITH THE WEST LINE OF SAID SOUTHWEST 1/4 (THE WEST LINE
OF SAID SOUTHWEST 1/4 HAVING AN ASSUMED BEARING OF NORTH
00 DEGREES, 00 MINUTES, 00 SECONDS EAST FOR THIS LEGAL
DESCRIPTION); THENCE NORTH 00 DEGREES, 00 MINUTES, 00
SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE,
153.00 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 00
SECONDS EAST, 89.18 FEET; THENCE NORTH 00 DEGREES, 00
MINUTES, 00 SECONDS EAST, 48.68 FEET; THENCE NORTH 90
DEGREES, 00 MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE
SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 8.00 FEET;
THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST,
44.23 FEET; THENCE NORTH 45 DEGREES, 00 MINUTES, 00
SECONDS EAST, 60.13 FEET; THENCE NORTH 00 DEGREES, 00
MINUTES, 00 SECONDS EAST, 141.06 FEET TO A POINT FOR A
PLACE OF BEGINNING, SAID POINT BEING 447.18 FEET NORTH
AND 704.15 FEET EAST OF THE SOUTHWEST CORNER OF THE
SOUTHWEST 1/4 OF SAID SECTION 33, AS MEASURED ALONG THE
WEST LINE OF SAID SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT
ANGLES THERETO; THENCE NORTH 00 DEGREES, 00 MINUTES, 00
SECONDS EAST, 280.11 FEET; THENCE NORTH 72 DEGREES, 34
MINUTES, 18 SECONDS WEST, 149.63 FEET; THENCE SOUTH 90
DEGREES, 00 MINUTES, 00 SECONDS WEST, 53.70 FEET; THENCE
SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS WEST, 32.53 FEET
TO A POINT ON A LINE 484.69 FEET, AS MEASURED AT RIGHT
ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID
SOUTHWEST 1/4, SAID POINT BEING 679.18 FEET, AS MEASURED
ALONG SAID PARALLEL LINE, NORTH OF THE AFOREDESCRIBED
POINT OF COMMENCEMENT; THENCE NORTH 00 DEGREES, 00
MINUTES, 00 SECONDS EAST ALONG SAID LAST DESCRIBED
PARALLEL LINE, 158.10 FEET; THENCE NORTH 39 DEGREES, 39
MINUTES, 24 SECONDS EAST, 27.09 FEET TO AN INTERSECTION
WITH THE SOUTHERLY LINE OF HIGGINS ROAD, BEING A LINE
50.00 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY OF
AND PARALLEL WITH THE CENTER LINE OF SAID ROAD; THENCE
SOUTH 72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG SAID
LAST DESCRIBED SOUTHERLY LINE, 382.55 FEET TO AN
INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF THE
MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD
(FORMERLY THE CHICAGO AND WISCONSIN RAILROAD); THENCE
SOUTH 14 DEGREES, 51 MINUTES, 36 SECONDS EAST ALONG SAID
LAST DESCRIBED WESTERLY LINE, 378.97 FEET; THENCE SOUTH
90 DEGREES, 00 MINUTES, 00 SECONDS WEST, 260.00 FEET TO
THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
Generally comprising approximately 3.8 acres along
the south side of Higgins Road, East of Mannheim Road.
Tract 2
PARCEL 1:
Any leasehold interest of any portion of the
property legally described as follows:
THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
JOSS'S JOSS92S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40
NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN
(EXCEPT THE NORTH 500 FEET THEREOF AS MEASURED ON THE
EAST LINE) LYING EASTERLY OF THE FOLLOWING DESCRIBED
LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT
2, 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF;
THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73
DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO
SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A
DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY
ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
TO A POINT IN THE SOUTH LINE OF SAID LOT WHICH IS 85.31
FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PREMISES:
THE SOUTH 50 FEET OF LOT 2 LYING EAST OF THE FOLLOWING
DESCRIBED LINE; BEGINNING AT A POINT IN THE SOUTH LINE
OF LOT 2, WHICH IS 85.31 FEET WEST OF THE SOUTHEAST
CORNER OF SAID LOT; THENCE NORTHERLY ON A LINE WHICH
FORMS AN ANGLE OF 85 DEGREES 13 MINUTES 25 SECONDS IN
THE NORTHWEST 1/4 WITH SAID LAST DESCRIBED LINE IN
FREDERICK JOSS'S JOSS92S DIVISION OF LANDS IN THE
NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 40 NORTH, RANGE 12
EAST OF THE THIRD PRINCIPAL MERIDIAN.
PARCEL 2:
Plus any rights of ingress and egress which the said
holder of the leasehold interest may have pursuant to
the following described easement:
GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED
BY GRANT FROM FRACAP SHEET METAL MANUFACTURING COMPANY,
INC. TO JUNE WEBER POLLY DATED NOVEMBER 16, 1970 AND
RECORDED APRIL 7, 1971 AS DOCUMENT 21442818 FOR
PASSAGEWAY OVER THE EAST 20 FEET AS MEASURED AT RIGHT
ANGLES TO THE EAST LINE THEREOF OF THE NORTH 500 FEET OF
THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK
JOSS'S JOSS92S DIVISION OF LAND IN SECTION 9, TOWNSHIP
40 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN,
LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 2,
19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE
SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73
DEGREES 46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO
SOUTHWEST) WITH THE AFORESAID NORTH LINE OF LOT 2, A
DISTANCE OF 626.69 FEET TO A POINT; THENCE SOUTHEASTERLY
ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58 MINUTES
25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET
TO A POINT IN THE SOUTH LINE OF SAID LOT 2, WHICH IS
85.31 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2,
IN COOK COUNTY, ILLINOIS;
(57) (55) for a period of 24 months from August 14,
1997 the effective date of this amendatory Act of 1997,
by the City of Champaign for the acquisition of land and
easements in and adjacent to the City of Champaign for
the improvement of Windsor Road and Duncan Road and for
the construction of the Boneyard Creek Improvement
Project.
In a proceeding subject to this Section, the plaintiff,
at any time after the complaint has been filed and before
judgment is entered in the proceeding, may file a written
motion requesting that, immediately or at some specified
later date, the plaintiff either be vested with the fee
simple title (or such lesser estate, interest or easement, as
may be required) to the real property, or specified portion
thereof, which is the subject of the proceeding, and be
authorized to take possession of and use such property; or
only be authorized to take possession of and to use such
property, if such possession and use, without the vesting of
title, are sufficient to permit the plaintiff to proceed with
the project until the final ascertainment of compensation;
however, no land or interests therein now or hereafter owned,
leased, controlled or operated and used by, or necessary for
the actual operation of, any common carrier engaged in
interstate commerce, or any other public utility subject to
the jurisdiction of the Illinois Commerce Commission, shall
be taken or appropriated hereunder by the State of Illinois,
the Illinois Toll Highway Authority, the sanitary district,
the St. Louis Metropolitan Area Airport Authority or the
Board of Trustees of the University of Illinois without first
securing the approval of such Commission.
Except as hereinafter stated, the motion for taking shall
state: (1) an accurate description of the property to which
the motion relates and the estate or interest sought to be
acquired therein; (2) the formally adopted schedule or plan
of operation for the execution of the plaintiff's project;
(3) the situation of the property to which the motion
relates, with respect to the schedule or plan; (4) the
necessity for taking such property in the manner requested in
the motion; and (5) if the property (except property
described in Section 3 of the Sports Stadium Act, or property
described as Site B in Section 2 of the Metropolitan Pier and
Exposition Authority Act) to be taken is owned, leased,
controlled or operated and used by, or necessary for the
actual operation of, any interstate common carrier or other
public utility subject to the jurisdiction of the Illinois
Commerce Commission, a statement to the effect that the
approval of such proposed taking has been secured from such
Commission, and attaching to such motion a certified copy of
the order of such Commission granting such approval. If the
schedule or plan of operation is not set forth fully in the
motion, a copy of such schedule or plan shall be attached to
the motion.
(Source: P.A. 89-29, eff. 6-23-95; 89-134, eff. 7-14-95;
89-343, eff. 8-17-95; 89-356, eff. 8-17-95; 89-445, eff.
2-7-96; 89-460, eff. 5-24-96; 89-494, eff. 6-21-96; 89-502,
eff. 6-28-96; 89-504, eff. 6-28-96; 89-592, eff. 8-1-96;
89-626, eff. 8-9-96; 89-683, eff. 6-1-97; 89-699, eff.
1-16-97; 90-6, eff. 6-3-97; 90-14, eff. 7-1-97; 90-232, eff.
7-25-97; 90-370, eff. 8-14-97; revised 9-29-97.)
(735 ILCS 5/12-112) (from Ch. 110, par. 12-112)
Sec. 12-112. What liable to enforcement. All the lands,
tenements, real estate, goods and chattels (except such as is
by law declared to be exempt) of every person against whom
any judgment has been or shall be hereafter entered in any
court, for any debt, damages, costs, or other sum of money,
shall be liable to be sold upon such judgment. Any real
property, or any beneficial interest in a land trust, held in
tenancy by the entirety shall not be liable to be sold upon
judgment entered on or after October 1, 1990 against only one
of the tenants, except if the property was transferred into
tenancy by the entirety with the sole intent to avoid the
payment of debts existing at the time of the transfer beyond
the transferor's ability to pay those debts as they become
due. However, any income from such property shall be subject
to garnishment as provided in Part 7 of this Article XII,
whether judgment has been entered against one or both of the
tenants.
If the court authorizes the piercing of the ownership
veil pursuant to Section 505 of the Illinois Marriage and
Dissolution of Marriage Act or Section 15 of the Illinois
Parentage Act of 1984, any assets determined to be those of
the non-custodial parent, although not held in name of the
non-custodial parent, shall be subject to attachment or other
provisional remedy in accordance with the procedure
prescribed by this Code. The court may not authorize
attachment of property or any other provisional remedy under
this paragraph unless it has obtained jurisdiction over the
entity holding title to the property by proper service on
that entity. With respect to assets which are real property,
no order entered as described in this paragraph shall affect
the rights of bona fide purchasers, mortgagees, judgment
creditors, or other lien holders who acquire their interests
in the property prior to the time a notice of lis pendens
pursuant to this Code or a copy of the order is placed of
record in the office of the recorder of deeds for the county
in which the real property is located.
This amendatory Act of 1995 (P.A. 89-438) is declarative
of existing law.
This amendatory Act of 1997 (P.A. 90-514) is intended as
a clarification of existing law and not as a new enactment.
(Source: P.A. 89-88, eff. 6-30-95; 89-438, eff. 12-15-95;
90-476, eff. 1-1-98; 90-514, eff. 8-22-97; revised 11-14-97.)
(735 ILCS 5/13-113) (from Ch. 110, par. 13-113)
Sec. 13-113. Extension Extention to heirs. If the person
first entitled to make entry or bring such action dies during
the continuance of any of the disabilities mentioned in
Section 13-112 of this Act, and no determination or judgment
has been had of or upon the title, right or action which
accrued to him or her, the entry may be made or the action
brought by his or her heirs or any person claiming from, by
or under him or her at any time within 2 years after his or
her death, notwithstanding the time before limited in that
behalf has expired.
The exceptions provided in this Section shall not apply
to the provisions of Sections 13-118 through 13-121 of this
Act.
(Source: P.A. 82-280; revised 7-11-97.)
(735 ILCS 5/13-202.1) (from Ch. 110, par. 13-202.1)
Sec. 13-202.1. No limitations on certain actions -
Duties of Department of Corrections and State's Attorneys.
(a) Notwithstanding any other provision of law, any
action for damages against a person, however the action may
be designated, may be brought at any time if --
(1) the action is based upon conduct of a person
which constituted the commission of first degree murder,
a Class X felony, or a Class 1 felony as these terms are
utilized at the time of filing of the action; and
(2) the person was convicted of the first degree
murder, Class X felony, or Class 1 felony.
(b) The provisions of this Section are fully applicable
to convictions based upon defendant's accountability under
Section 5-2 of the Criminal Code of 1961, approved July 28,
1961, as amended.
(c) Paragraphs (a) and (b) above shall apply to any
cause of action regardless of the date on which the
defendant's conduct is alleged to have occurred or of the
date of any conviction resulting therefrom. In addition,
this Section shall be applied retroactively and shall revive
causes of actions which otherwise may have been barred under
limitations provisions in effect prior to the enactment
and/or effect of P.A. 84-1450.
(d) Whenever there is any settlement, verdict or
judgment in excess of $500 in any court against the
Department of Corrections or any past or present employee or
official in favor of any person for damages incurred while
the person was committed to the Department of Corrections,
the Department within 14 days of the settlement, verdict or
judgment shall notify the State's Attorney of the county from
which the person was committed to the Department. The
State's Attorney shall in turn within 14 days send the same
notice to the person or persons who were the victim or
victims of the crime for which the offender was committed,
along with the information that the victim or victims may
contact the State's Attorney for advice concerning their
rights to sue for damages under the law. If so requested,
the State's Attorney's office shall provide such advice, but
in no instance may the State's Attorney institute a civil
action for damages on behalf of the victim or victims.
No civil action may be brought by anyone against the
Department of Corrections, a State's Attorney, a County, or
any past or present employee or agent thereof for any alleged
violation by any such entity or person of the notification
requirements imposed by this paragraph (d) (c).
(Source: P.A. 89-8, eff. 3-21-95; revised 12-18-97.)
(735 ILCS 5/14-103) (from Ch. 110, par. 14-103)
Sec. 14-103. Defendant to plead. Every defendant who is
served with summons shall answer or otherwise plead on or
before the return day of the summons, unless the time for
doing so is extended by the court. If the defendant
defaults, judgment by default may be entered by the court.
No matters not germane to the distinctive purpose of the
proceeding shall be introduced by joinder, counterclaim or
otherwise othewise.
(Source: P.A. 82-280; revised 7-11-97.)
Section 167. The Crime Victims Compensation Act is
amended by changing Section 2 as follows:
(740 ILCS 45/2) (from Ch. 70, par. 72)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Applicant" means any person who applies for
compensation under this Act or any person the Court of Claims
finds is entitled to compensation, including the guardian of
a minor or of a person under legal disability. It includes
any person who was a dependent of a deceased victim of a
crime of violence for his support at the time of the death of
that victim.
(b) "Court of Claims" means the Court of Claims created
by the Court of Claims Act.
(c) "Crime of violence" means and includes any offense
defined in Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11,
11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.2, 12-4, 12-4.1,
12-4.2, 12-4.3, 12-5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
12-30, 20-1 or 20-1.1 of the Criminal Code of 1961, and
driving under the influence of intoxicating liquor or
narcotic drugs as defined in Section 11-501 of the Illinois
Vehicle Code, and if none of the said offenses occurred
during a civil riot, insurrection or rebellion. "Crime of
violence" does not include any other offense or accident
involving a motor vehicle except those vehicle offenses
specifically provided for in this paragraph. "Crime of
violence" does include all of the offenses specifically
provided for in this paragraph that occur within this State
but are subject to federal jurisdiction and crimes involving
terrorism as defined in 18 U.S.C. 2331.
(d) "Victim" means (1) a person killed or injured in
this State as a result of a crime of violence perpetrated or
attempted against him, (2) the parent of a child killed or
injured in this State as a result of a crime of violence
perpetrated or attempted against the child, (3) a person
killed or injured in this State while attempting to assist a
person against whom a crime of violence is being perpetrated
or attempted, if that attempt of assistance would be expected
of a reasonable man under the circumstances, (4) a person
killed or injured in this State while assisting a law
enforcement official apprehend a person who has perpetrated a
crime of violence or prevent the perpetration of any such
crime if that assistance was in response to the express
request of the law enforcement official, (5) a child who
personally witnessed a violent crime perpetrated or attempted
against a relative, or (6) an Illinois resident who is a
victim of a "crime of violence" as defined in this Act
except, if the crime occurred outside this State, the
resident has the same rights under this Act as if the crime
had occurred in this State upon a showing that the state,
territory, country, or political subdivision of a country in
which the crime occurred does not have a compensation of
victims of crimes law for which that Illinois resident is
eligible.
(e) "Dependent" means a relative of a deceased victim
who was wholly or partially dependent upon the victim's
income at the time of his death and shall include the child
of a victim born after his death.
(f) "Relative" means a spouse, parent, grandparent,
stepfather, stepmother, child, grandchild, brother,
brother-in-law, sister, sister-in-law, half brother, half
sister, spouse's parent, nephew, niece, uncle or aunt.
(g) "Child" means an unmarried son or daughter who is
under 18 years of age and includes a stepchild, an adopted
child or an illegitimate child.
(h) "Pecuniary loss" means, in the case of injury,
appropriate medical expenses and hospital expenses including
expenses of medical examinations, rehabilitation, medically
required nursing care expenses, appropriate psychiatric care
or psychiatric counseling expenses, expenses for care or
counseling by a licensed clinical psychologist or licensed
clinical social worker and expenses for treatment by
Christian Science practitioners and nursing care appropriate
thereto; prosthetic appliances, eyeglasses, and hearing aids
necessary or damaged as a result of the crime; the purchase,
lease, or rental of equipment necessary to create usability
of and accessibility to the victim's real and personal
property, or the real and personal property which is used by
the victim, necessary as a result of the crime; replacement
services loss, to a maximum of $1000 per month; dependents
replacement services loss, to a maximum of $1000 per month;
loss of tuition paid to attend grammar school or high school
when the victim had been enrolled as a full-time student
prior to the injury, or college or graduate school when the
victim had been enrolled as a full-time day or night student
prior to the injury when the victim becomes unable to
continue attendance at school as a result of the crime of
violence perpetrated against him; loss of earnings, loss of
future earnings because of disability resulting from the
injury, and, in addition, in the case of death, funeral and
burial expenses to a maximum of $3000 and loss of support of
the dependents of the victim. Loss of future earnings shall
be reduced by any income from substitute work actually
performed by the victim or by income he would have earned in
available appropriate substitute work he was capable of
performing but unreasonably failed to undertake. Loss of
earnings, loss of future earnings and loss of support shall
be determined on the basis of the victim's average net
monthly earnings for the 6 months immediately preceding the
date of the injury or on $1000 per month, whichever is less.
If a divorced or legally separated applicant is claiming loss
of support for a minor child of the deceased, the amount of
support for each child shall be based either on the amount of
support the minor child received pursuant to the judgment for
the 6 months prior to the date of the deceased victim's
injury or death, or, if the subject of pending litigation
filed by or on behalf of the divorced or legally separated
applicant prior to the injury or death, on the result of that
litigation. Real and personal property includes, but is not
limited to, vehicles, houses, apartments, town houses, or
condominiums. Pecuniary loss does not include pain and
suffering or property loss or damage.
(i) "Replacement services loss" means expenses
reasonably incurred in obtaining ordinary and necessary
services in lieu of those the permanently injured person
would have performed, not for income, but for the benefit of
himself or his family, if he had not been permanently
injured.
(j) "Dependents replacement services loss" means loss
reasonably incurred by dependents after a victim's death in
obtaining ordinary and necessary services in lieu of those
the victim would have performed, not for income, but for
their benefit, if he had not been fatally injured.
(Source: P.A. 89-313, eff. 1-1-96; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96; 90-136, eff. 1-1-98; 90-492, eff.
8-17-97; revised 11-14-97.)
Section 168. The Drug Dealer Liability Act is amended by
changing Section 60 as follows:
(740 ILCS 57/60)
Sec. 60. Standard of proof; effect of criminal drug
conviction.
(a) Proof of participation in the illegal drug market in
an action brought under this Act shall be shown by clear and
convincing evidence. Except as otherwise provided in this
Act, other elements of the cause of action shall be shown by
a preponderance of the evidence.
(b) A person against whom recovery is sought who has a
criminal conviction under state drug laws or the
Comprehensive Drug Abuse Prevention and Control Act of 1970
(Public Law 91-513, 84 Stat. 1236, codified at 21 U.S.C.
Section 801 et seq.) is estopped from denying participation
in the illegal drug market. Such a conviction is also prima
facie evidence of the person's participation in the illegal
drug market during the 2 years preceding the date of an act
giving rise to a conviction.
(c) The absence of criminal drug conviction of a person
against whom recovery is sought does not bar bear an action
against that person.
(Source: P.A. 89-293, eff. 1-1-96; revised 12-18-97.)
Section 169. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Sections 5 and 11 as follows:
(740 ILCS 110/5) (from Ch. 91 1/2, par. 805)
Sec. 5. Disclosure; consent.
(a) Except as provided in Sections 6 through 12.2 of
this Act, records and communications may be disclosed to
someone other than those persons listed in Section 4 of this
Act only with the written consent of those persons who are
entitled to inspect and copy a recipient's record pursuant to
Section 4 of this Act.
(b) Every consent form shall be in writing and shall
specify the following:
(1) the person or agency to whom disclosure is to
be made;
(2) the purpose for which disclosure is to be made;
(3) the nature of the information to be disclosed;
(4) the right to inspect and copy the information
to be disclosed;
(5) the consequences of a refusal to consent, if any;
and
(6) the calendar date on which the consent expires,
provided that if no calendar date is stated, information
may be released only on the day the consent form is
received by the therapist; and
(7) the right to revoke the consent at any time.
The consent form shall be signed by the person entitled
to give consent and the signature shall be witnessed by a
person who can attest to the identity of the person so
entitled. A copy of the consent and a notation as to any
action taken thereon shall be entered in the recipient's
record. Any revocation of consent shall be in writing, signed
by the person who gave the consent and the signature shall be
witnessed by a person who can attest to the identity of the
person so entitled. No written revocation of consent shall
be effective to prevent disclosure of records and
communications until it is received by the person otherwise
authorized to disclose records and communications.
(c) Only information relevant to the purpose for which
disclosure is sought may be disclosed. Blanket consent to
the disclosure of unspecified information shall not be valid.
Advance consent may be valid only if the nature of the
information to be disclosed is specified in detail and the
duration of the consent is indicated. Consent may be revoked
in writing at any time; any such revocation shall have no
effect on disclosures made prior thereto.
(d) No person or agency to whom any information is
disclosed under this Section may redisclose such information
unless the person who consented to the disclosure
specifically consents to such redisclosure.
(e) Except as otherwise provided in this Act, records
and communications shall remain confidential after the death
of a recipient and shall not be disclosed unless the
recipient's representative, as defined in the Probate Act of
1975 and the therapist consent to such disclosure or unless
disclosure is authorized by court order after in camera
examination and upon good cause shown.
(f) Paragraphs (a) through (e) of this Section shall not
apply to and shall not be construed to limit insurance
companies writing Life, Accident or Health insurance as
defined in Section 4 of the Illinois Insurance Code, and
Non-Profit Health Care Service Plan Corporations, writing
Health Care Service contracts, under The Non-profit Health
Care Service Plan Act, in obtaining general consents for the
release to them or their designated representatives of any
and all confidential communications and records kept by
agencies, hospitals, therapists or record custodians, and
utilizing such information in connection with the
underwriting of applications for coverage for such policies
or contracts, or in connection with evaluating claims or
liability under such policies or contracts, or coordinating
benefits pursuant to policy or contract provisions.
(Source: P.A. 85-666; 85-971; 86-1417; revised 1-21-98.)
(740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
Sec. 11. Disclosure of records and communications.
Records and communications may be disclosed, (i) in
accordance with the provisions of the Abused and Neglected
Child Reporting Act; (ii) when, and to the extent, a
therapist, in his or her sole discretion, determines that
disclosure is necessary to initiate or continue civil
commitment proceedings under the laws of this State or to
otherwise protect the recipient or other person against a
clear, imminent risk of serious physical or mental injury or
disease or death being inflicted upon the recipient or by the
recipient on himself or another; (iii) when, and to the
extent disclosure is, in the sole discretion of the
therapist, necessary to the provision of emergency medical
care to a recipient who is unable to assert or waive his or
her rights hereunder; (iv) when disclosure is necessary to
collect sums or receive third party payment representing
charges for mental health or developmental disabilities
services provided by a therapist or agency to a recipient
under Chapter V of the Mental Health and Developmental
Disabilities Code or to transfer debts under the Uncollected
State Claims Act; however, disclosure shall be limited to
information needed to pursue collection, and the information
so disclosed shall not be used for any other purposes nor
shall it be redisclosed except in connection with collection
activities; (v) when requested by a family member, the
Department of Human Services may assist in the location of
the interment site of a deceased recipient who is interred in
a cemetery established under Section 100-26 of the Mental
Health and Developmental Disabilities Administrative Act;
(vi) in judicial proceedings under Article VIII of Chapter
III and Article V of Chapter IV of the Mental Health and
Developmental Disabilities Code and proceedings and
investigations preliminary thereto, to the State's Attorney
for the county or residence of a person who is the subject of
such proceedings, or in which the person is found, or in
which the facility is located, to the attorney representing
the recipient in the judicial proceedings, to any person or
agency providing mental health services that are the subject
of the proceedings and to that person's or agency's attorney,
to any court personnel, including but not limited to judges
and circuit court clerks, and to a guardian ad litem if one
has been appointed by the court, provided that the
information so disclosed shall not be utilized for any other
purpose nor be redisclosed except in connection with the
proceedings or investigations; (vii) when, and to the extent
disclosure is necessary to comply with the requirements of
the Census Bureau in taking the federal Decennial Census;
(viii) when, and to the extent, in the therapist's sole
discretion, disclosure is necessary to warn or protect a
specific individual against whom a recipient has made a
specific threat of violence where there exists a
therapist-recipient relationship or a special
recipient-individual relationship; (ix) in accordance with
the Sex Offender Registration Act; and (x) in accordance with
the Rights of Crime Victims and Witnesses Act. Any person,
institution, or agency, under this Act, participating in good
faith in the making of a report under the Abused and
Neglected Child Reporting Act or in the disclosure of records
and communications under this Section, shall have immunity
from any liability, civil, criminal or otherwise, that might
result by reason of such action. For the purpose of any
proceeding, civil or criminal, arising out of a report or
disclosure under this Section, the good faith of any person,
institution, or agency so reporting or disclosing shall be
presumed.
(Source: P.A. 89-439, eff. 6-1-96; 89-507, eff. 7-1-97;
90-423, eff. 8-15-97; 90-538, eff. 12-1-97; revised 1-6-98.)
Section 170. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 505 and 706.1 as
follows:
(750 ILCS 5/505) (from Ch. 40, par. 505)
Sec. 505. Child support; contempt; penalties.
(a) In a proceeding for dissolution of marriage, legal
separation, declaration of invalidity of marriage, a
proceeding for child support following dissolution of the
marriage by a court which lacked personal jurisdiction over
the absent spouse, a proceeding for modification of a
previous order for child support under Section 510 of this
Act, or any proceeding authorized under Section 501 or 601 of
this Act, the court may order either or both parents owing a
duty of support to a child of the marriage to pay an amount
reasonable and necessary for his support, without regard to
marital misconduct. The duty of support owed to a minor
child includes the obligation to provide for the reasonable
and necessary physical, mental and emotional health needs of
the child.
(1) The Court shall determine the minimum amount of
support by using the following guidelines:
Number of Children Percent of Supporting Party's
Net Income
1 20%
2 25%
3 32%
4 40%
5 45%
6 or more 50%
(2) The above guidelines shall be applied in each
case unless the court makes a finding that application of
the guidelines would be inappropriate, after considering
the best interests of the child in light of evidence
including but not limited to one or more of the following
relevant factors:
(a) the financial resources and needs of the
child;
(b) the financial resources and needs of the
custodial parent;
(c) the standard of living the child would
have enjoyed had the marriage not been dissolved;
(d) the physical and emotional condition of
the child, and his educational needs; and
(e) the financial resources and needs of the
non-custodial parent.
If the court deviates from the guidelines, the
court's finding shall state the amount of support that
would have been required under the guidelines, if
determinable. The court shall include the reason or
reasons for the variance from the guidelines.
(3) "Net income" is defined as the total of all
income from all sources, minus the following deductions:
(a) Federal income tax (properly calculated
withholding or estimated payments);
(b) State income tax (properly calculated
withholding or estimated payments);
(c) Social Security (FICA payments);
(d) Mandatory retirement contributions
required by law or as a condition of employment;
(e) Union dues;
(f) Dependent and individual
health/hospitalization insurance premiums;
(g) Prior obligations of support or
maintenance actually paid pursuant to a court order;
(h) Expenditures for repayment of debts that
represent reasonable and necessary expenses for the
production of income, medical expenditures necessary
to preserve life or health, reasonable expenditures
for the benefit of the child and the other parent,
exclusive of gifts. The court shall reduce net
income in determining the minimum amount of support
to be ordered only for the period that such payments
are due and shall enter an order containing
provisions for its self-executing modification upon
termination of such payment period.
(4) In cases where the court order provides for
health/hospitalization insurance coverage pursuant to
Section 505.2 of this Act, the premiums for that
insurance, or that portion of the premiums for which the
supporting party is responsible in the case of insurance
provided through an employer's health insurance plan
where the employer pays a portion of the premiums, shall
be subtracted from net income in determining the minimum
amount of support to be ordered.
(4.5) In a proceeding for child support following
dissolution of the marriage by a court that lacked
personal jurisdiction over the absent spouse, and in
which the court is requiring payment of support for the
period before the date an order for current support is
entered, there is a rebuttable presumption that the
supporting party's net income for the prior period was
the same as his or her net income at the time the order
for current support is entered.
(5) If the net income cannot be determined because
of default or any other reason, the court shall order
support in an amount considered reasonable in the
particular case. The final order in all cases shall
state the support level in dollar amounts.
(b) Failure of either parent to comply with an order to
pay support shall be punishable as in other cases of
contempt. In addition to other penalties provided by law the
Court may, after finding the parent guilty of contempt, order
that the parent be:
(1) placed on probation with such conditions of
probation as the Court deems advisable;
(2) sentenced to periodic imprisonment for a period
not to exceed 6 months; provided, however, that the Court
may permit the parent to be released for periods of time
during the day or night to:
(A) work; or
(B) conduct a business or other self-employed
occupation.
The Court may further order any part or all of the
earnings of a parent during a sentence of periodic
imprisonment paid to the Clerk of the Circuit Court or to the
parent having custody or to the guardian having custody of
the minor children of the sentenced parent for the support of
said minor children until further order of the Court.
If there is a unity of interest and ownership sufficient
to render no financial separation between a non-custodial
parent and another person or persons or business entity, the
court may pierce the ownership veil of the person, persons,
or business entity to discover assets of the non-custodial
parent held in the name of that person, those persons, or
that business entity. The following circumstances are
sufficient to authorize a court to order discovery of the
assets of a person, persons, or business entity and to compel
the application of any discovered assets toward payment on
the judgment for support:
(1) the non-custodial parent and the person,
persons, or business entity maintain records together.
(2) the non-custodial parent and the person,
persons, or business entity fail to maintain an arms
length relationship between themselves with regard to any
assets.
(3) the non-custodial parent transfers assets to
the person, persons, or business entity with the intent
to perpetrate a fraud on the custodial parent.
With respect to assets which are real property, no order
entered under this paragraph shall affect the rights of bona
fide purchasers, mortgagees, judgment creditors, or other
lien holders who acquire their interests in the property
prior to the time a notice of lis pendens pursuant to the
Code of Civil Procedure or a copy of the order is placed of
record in the office of the recorder of deeds for the county
in which the real property is located.
The court may also order in cases where the parent is 90
days or more delinquent in payment of support or has been
adjudicated in arrears in an amount equal to 90 days
obligation or more, that the parent's Illinois driving
privileges be suspended until the court determines that the
parent is in compliance with the order of support. The court
may also order that the parent be issued a family financial
responsibility driving permit that would allow limited
driving privileges for employment and medical purposes in
accordance with Section 7-702.1 of the Illinois Vehicle Code.
The clerk of the circuit court shall certify the order
suspending the driving privileges of the parent or granting
the issuance of a family financial responsibility driving
permit to the Secretary of State on forms prescribed by the
Secretary. Upon receipt of the authenticated documents, the
Secretary of State shall suspend the parent's driving
privileges until further order of the court and shall, if
ordered by the court, subject to the provisions of Section
7-702.1 of the Illinois Vehicle Code, issue a family
financial responsibility driving permit to the parent.
(c) A one-time charge of 20% is imposable upon the
amount of past-due child support owed on July 1, 1988 which
has accrued under a support order entered by the court. The
charge shall be imposed in accordance with the provisions of
Section 10-21 of the Illinois Public Aid Code and shall be
enforced by the court upon petition.
(d) Any new or existing support order entered by the
court under this Section shall be deemed to be a series of
judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. A lien arises by operation of law
against the real and personal property of the noncustodial
parent for each installment of overdue support owed by the
noncustodial parent.
(e) When child support is to be paid through the clerk
of the court in a county of 1,000,000 inhabitants or less,
the order shall direct the obligor to pay to the clerk, in
addition to the child support payments, all fees imposed by
the county board under paragraph (3) of subsection (u) of
Section 27.1 of the Clerks of Courts Act. Unless paid in
cash or pursuant to an order for withholding, the payment of
the fee shall be by a separate instrument from the support
payment and shall be made to the order of the Clerk.
(f) All orders for support, when entered or modified,
shall include a provision requiring the obligor to notify the
court and, in cases in which a party is receiving child and
spouse services under Article X of the Illinois Public Aid
Code, the Illinois Department of Public Aid, within 7 days,
(i) of the name and address of any new employer of the
obligor, (ii) whether the obligor has access to health
insurance coverage through the employer or other group
coverage and, if so, the policy name and number and the names
of persons covered under the policy, and (iii) of any new
residential or mailing address or telephone number of the
non-custodial parent. In any subsequent action to enforce a
support order, upon a sufficient showing that a diligent
effort has been made to ascertain the location of the
non-custodial parent, service of process or provision of
notice necessary in the case may be made at the last known
address of the non-custodial parent in any manner expressly
provided by the Code of Civil Procedure or this Act, which
service shall be sufficient for purposes of due process.
(g) An order for support shall include a date on which
the current support obligation terminates. The termination
date shall be no earlier than the date on which the child
covered by the order will attain the age of majority or is
otherwise emancipated. The order for support shall state that
the termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this subsection shall
be construed to prevent the court from modifying the order.
(h) An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and
to the clerk of court within 10 days each time the obligor
obtains new employment, and each time the obligor's
employment is terminated for any reason. The report shall be
in writing and shall, in the case of new employment, include
the name and address of the new employer. Failure to report
new employment or the termination of current employment, if
coupled with nonpayment of support for a period in excess of
60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment bond shall be
set in the amount of the child support that should have been
paid during the period of unreported employment. An order
entered under this Section shall also include a provision
requiring the obligor and obligee parents to advise each
other of a change in residence within 5 days of the change
except when the court finds that the physical, mental, or
emotional health of a party or that of a minor child, or
both, would be seriously endangered by disclosure of the
party's address.
(Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
90-539, eff. 6-1-98; revised 12-15-97.)
(750 ILCS 5/706.1) (from Ch. 40, par. 706.1)
Sec. 706.1. Withholding of Income to Secure Payment of
Support.
(A) Definitions.
(1) "Order for support" means any order of the court
which provides for periodic payment of funds for the support
of a child or maintenance of a spouse, whether temporary or
final, and includes any such order which provides for:
(a) Modification or resumption of, or payment of
arrearage accrued under, a previously existing order;
(b) Reimbursement of support; or
(c) Enrollment in a health insurance plan that is
available to the obligor through an employer or labor
union or trade union.
(2) "Arrearage" means the total amount of unpaid support
obligations as determined by the court and incorporated into
an order for support.
(3) "Delinquency" means any payment under an order for
support which becomes due and remains unpaid after entry of
the order for support.
(4) "Income" means any form of periodic payment to an
individual, regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity,
pension, and retirement benefits, lottery prize awards,
insurance proceeds, vacation pay, bonuses, profit-sharing
payments, interest, and any other payments, made by any
person, private entity, federal or state government, any unit
of local government, school district or any entity created by
Public Act; however, "income" excludes:
(a) Any amounts required by law to be withheld,
other than creditor claims, including, but not limited
to, federal, State and local taxes, Social Security and
other retirement and disability contributions;
(b) Union dues;
(c) Any amounts exempted by the federal Consumer
Credit Protection Act;
(d) Public assistance payments; and
(e) Unemployment insurance benefits except as
provided by law.
Any other State or local laws which limit or exempt
income or the amount or percentage of income that can be
withheld shall not apply.
(5) "Obligor" means the individual who owes a duty to
make payments under an order for support.
(6) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
(7) "Payor" means any payor of income to an obligor.
(8) "Public office" means any elected official or any
State or local agency which is or may become responsible by
law for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department of Public
Aid, the Illinois Department of Human Services, the Illinois
Department of Children and Family Services, and the various
State's Attorneys, Clerks of the Circuit Court and
supervisors of general assistance.
(9) "Premium" means the dollar amount for which the
obligor is liable to his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that is available to the obligor
through an employer or labor union or trade union.
(B) Entry of Order for Support Containing Income Withholding
Provisions; Income Withholding Notice.
(1) In addition to any content required under other
laws, every order for support entered on or after July 1,
1997, shall:
(a) Require an income withholding notice to be
prepared and served immediately upon any payor of the
obligor by the obligee or public office, unless a written
agreement is reached between and signed by both parties
providing for an alternative arrangement, approved and
entered into the record by the court, which ensures
payment of support. In that case, the order for support
shall provide that an income withholding notice is to be
prepared and served only if the obligor becomes
delinquent in paying the order for support; and
(b) Contain a dollar amount to be paid until
payment in full of any delinquency that accrues after
entry of the order for support. The amount for payment
of delinquency shall not be less than 20% of the total of
the current support amount and the amount to be paid
periodically for payment of any arrearage stated in the
order for support; and
(c) Include the obligor's Social Security Number,
which the obligor shall disclose to the court. If the
obligor is not a United States citizen, the obligor shall
disclose to the court, and the court shall include in the
order for support, the obligor's alien registration
number, passport number, and home country's social
security or national health number, if applicable.
(2) At the time the order for support is entered, the
Clerk of the Circuit Court shall provide a copy of the order
to the obligor and shall make copies available to the obligee
and public office.
(3) The income withholding notice shall:
(a) Be in the standard format prescribed by the
federal Department of Health and Human Services; and
(b) Direct any payor to withhold the dollar amount
required for current support under the order for support;
and
(c) Direct any payor to withhold the dollar amount
required to be paid periodically under the order for
support for payment of the amount of any arrearage stated
in the order for support; and
(d) Direct any payor or labor union or trade union
to enroll a child as a beneficiary of a health insurance
plan and withhold or cause to be withheld, if applicable,
any required premiums; and
(e) State the amount of the payor income
withholding fee specified under this Section; and
(f) State that the amount actually withheld from
the obligor's income for support and other purposes,
including the payor withholding fee specified under this
Section, may not be in excess of the maximum amount
permitted under the federal Consumer Credit Protection
Act; and
(g) State the duties of the payor and the fines and
penalties for failure to withhold and pay over income and
for discharging, disciplining, refusing to hire, or
otherwise penalizing the obligor because of the duty to
withhold and pay over income under this Section; and
(h) State the rights, remedies, and duties of the
obligor under this Section; and
(i) Include the obligor's Social Security Number;
and
(j) Include the date that withholding for current
support terminates, which shall be the date of
termination of the current support obligation set forth
in the order for support.
(4) The accrual of a delinquency as a condition for
service of an income withholding notice, under the exception
to immediate withholding in paragraph (1) of this subsection,
shall apply only to the initial service of an income
withholding notice on a payor of the obligor.
(5) Notwithstanding the exception to immediate
withholding contained in paragraph (1) of this subsection, if
the court finds at the time of any hearing that an arrearage
has accrued, the court shall order immediate service of an
income withholding notice upon the payor.
(6) If the order for support, under the exception to
immediate withholding contained in paragraph (1) of this
subsection, provides that an income withholding notice is to
be prepared and served only if the obligor becomes delinquent
in paying the order for support, the obligor may execute a
written waiver of that condition and request immediate
service on the payor.
(7) The obligee or public office may serve the income
withholding notice on the payor or its superintendent,
manager, or other agent by ordinary mail or certified mail
return receipt requested, by facsimile transmission or other
electronic means, by personal delivery, or by any method
provided by law for service of a summons. At the time of
service on the payor and as notice that withholding has
commenced, the obligee or public office shall serve a copy of
the income withholding notice on the obligor by ordinary mail
addressed to his or her last known address. Proofs of
service on the payor and the obligor shall be filed with the
Clerk of the Circuit Court.
(8) At any time after the initial service of an income
withholding notice under this Section, any other payor of the
obligor may be served with the same income withholding notice
without further notice to the obligor.
(9) (4) New service of an income order for withholding
notice is not required in order to resume withholding of
income in the case of an obligor with respect to whom an
income order for withholding notice was previously served on
the payor if withholding of income was terminated because of
an interruption in the obligor's employment of less than 180
days.
(C) Income Withholding After Accrual of Delinquency.
(1) Whenever an obligor accrues a delinquency, the
obligee or public office may prepare and serve upon the
obligor's payor an income withholding notice that:
(a) Contains the information required under
paragraph (3) of subsection (B); and
(b) Contains a computation of the period and total
amount of the delinquency as of the date of the notice;
and
(c) Directs the payor to withhold the dollar amount
required to be withheld periodically under the order for
support for payment of the delinquency.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition to contest
withholding shall be limited to:
(a) A dispute concerning the existence or amount of
the delinquency; or
(b) The identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office of the time and place of the
hearing on the petition to contest withholding. The court
shall hold the hearing pursuant to the provisions of
subsection (F).
(D) Initiated Withholding.
(1) Notwithstanding any other provision of this Section,
if the court has not required that income withholding take
effect immediately, the obligee or public office may initiate
withholding, regardless of whether a delinquency has accrued,
by preparing and serving an income withholding notice on the
payor that contains the information required under paragraph
(3) of subsection (B) and states that the parties' written
agreement providing an alternative arrangement to immediate
withholding under paragraph (1) of subsection (B) no longer
ensures payment of support due and the reason or reasons why
it does not.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition shall be
limited to a dispute concerning:
(a) whether the parties' written agreement providing
an alternative arrangement to immediate withholding under
paragraph (1) of subsection (B) continues to ensure
payment of support; or
(b) the identity of the obligor.
It shall not be grounds for filing a petition that the
obligor has made all payments due by the date of the
petition.
(4) If the obligor files a petition contesting
withholding within the 20-day period required under paragraph
(3), the Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition. The court shall
hold the hearing pursuant to the provisions of subsection
(F). regular or facsimile regular or facsimile
(E) Duties of Payor.
(1) It shall be the duty of any payor who has been
served with an income withholding notice to deduct and pay
over income as provided in this subsection. The payor shall
deduct the amount designated in the income withholding
notice, as supplemented by any notice provided pursuant to
paragraph (6) of subsection (G), beginning no later than the
next payment of income which is payable or creditable to the
obligor that occurs 14 days following the date the income
withholding notice was mailed, sent by facsimile or other
electronic means, or placed for personal delivery to or
service on the payor. The payor may combine all amounts
withheld for the benefit of an obligee or public office into
a single payment and transmit the payment with a listing of
obligors from whom withholding has been effected. The payor
shall pay the amount withheld to the obligee or public office
within 7 business days after the date the amount would (but
for the duty to withhold income) have been paid or credited
to the obligor. If the payor knowingly fails to pay any
amount withheld to the obligee or public office within 7
business days after the date the amount would have been paid
or credited to the obligor, the payor shall pay a penalty of
$100 for each day that the withheld amount is not paid to the
obligee or public office after the period of 7 business days
has expired. The failure of a payor, on more than one
occasion, to pay amounts withheld to the obligee or public
office within 7 business days after the date the amount would
have been paid or credited to the obligor creates a
presumption that the payor knowingly failed to pay over the
amounts. This penalty may be collected in a civil action
which may be brought against the payor in favor of the
obligee or public office. A finding of a payor's
nonperformance within the time required under this Section
must be documented by a certified mail return receipt showing
the date the income order for withholding notice was served
on the payor. For purposes of this Section, a withheld amount
shall be considered paid by a payor on the date it is mailed
by the payor, or on the date an electronic funds transfer of
the amount has been initiated by the payor, or on the date
delivery of the amount has been initiated by the payor. For
each deduction, the payor shall provide the obligee or public
office, at the time of transmittal, with the date the amount
would (but for the duty to withhold income) have been paid or
credited to the obligor.
Upon receipt of an income withholding notice requiring
that a minor child be named as a beneficiary of a health
insurance plan available through an employer or labor union
or trade union, the employer or labor union or trade union
shall immediately enroll the minor child as a beneficiary in
the health insurance plan designated by the income
withholding notice. The employer shall withhold any required
premiums and pay over any amounts so withheld and any
additional amounts the employer pays to the insurance carrier
in a timely manner. The employer or labor union or trade
union shall mail to the obligee, within 15 days of enrollment
or upon request, notice of the date of coverage, information
on the dependent coverage plan, and all forms necessary to
obtain reimbursement for covered health expenses, such as
would be made available to a new employee. When an order for
dependent coverage is in effect and the insurance coverage is
terminated or changed for any reason, the employer or labor
union or trade union shall notify the obligee within 10 days
of the termination or change date along with notice of
conversion privileges.
For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month to be taken from the
income to be paid to the obligor.
(2) Whenever the obligor is no longer receiving income
from the payor, the payor shall return a copy of the income
withholding notice to the obligee or public office and shall
provide information for the purpose of enforcing this
Section.
(3) Withholding of income under this Section shall be
made without regard to any prior or subsequent garnishments,
attachments, wage assignments, or any other claims of
creditors. Withholding of income under this Section shall
not be in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one income withholding notice
pertaining to the same obligor, the payor shall allocate
income available for withholding on a proportionate share
basis, giving priority to current support payments. If there
is any income available for withholding after withholding for
all current support obligations, the payor shall allocate the
income to past due support payments ordered in cases in which
cash assistance under the Illinois Public Aid Code is not
being provided to the obligee and then to past due support
payments ordered in cases in which cash assistance under the
Illinois Public Aid Code is being provided to the obligee,
both on a proportionate share basis. A payor who complies
with an income withholding notice that is regular on its face
shall not be subject to civil liability with respect to any
individual, any agency, or any creditor of the obligor for
conduct in compliance with the notice.
(4) No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor because of the duty to
withhold income.
(F) Petitions to Contest Withholding or to Modify, Suspend,
Terminate, or Correct Income Withholding Notices.
(1) When an obligor files a petition to contest
withholding, the court, after due notice to all parties,
shall hear the matter as soon as practicable and shall enter
an order granting or denying relief, ordering service of an
amended income withholding notice, where applicable, or
otherwise resolving the matter.
The court shall deny the obligor's petition if the court
finds that when the income withholding notice was mailed,
sent by facsimile transmission or other electronic means, or
placed for personal delivery to or service on the payor:
(a) A delinquency existed; or
(b) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of subsection (B) no longer ensured payment
of support.
(2) At any time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
(a) Modify, suspend or terminate the income
withholding notice because of a modification, suspension
or termination of the underlying order for support; or
(b) Modify the amount of income to be withheld to
reflect payment in full or in part of the delinquency or
arrearage by income withholding or otherwise; or
(c) Suspend the income withholding notice because
of inability to deliver income withheld to the obligee
due to the obligee's failure to provide a mailing address
or other means of delivery.
(3) At any time an obligor may petition the court to
correct a term contained in an income withholding notice to
conform to that stated in the underlying order for support
for:
(a) The amount of current support;
(b) The amount of the arrearage;
(c) The periodic amount for payment of the
arrearage; or
(d) The periodic amount for payment of the
delinquency.
(4) The obligor, obligee or public office shall serve on
the payor, in the manner provided for service of income
withholding notices in paragraph (7) of subsection (B), a
copy of any order entered pursuant to this subsection that
affects the duties of the payor.
(5) At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
(a) Cease withholding of income for payment of
current support for a child when the support obligation
for that child has automatically ceased under the order
for support through emancipation or otherwise; or
(b) Cease withholding of income for payment of
delinquency or arrearage when the delinquency or
arrearage has been paid in full.
(6) The notice provided for under paragraph (5) of this
subsection shall be served on the payor in the manner
provided for service of income withholding notices in
paragraph (7) of subsection (B), and a copy shall be provided
to the obligor and the obligee.
(7) The income withholding notice shall continue to be
binding upon the payor until service of an amended income
withholding notice or any order of the court or notice
entered or provided for under this subsection.
(G) Additional Duties.
(1) An obligee who is receiving income withholding
payments under this Section shall notify the payor, if the
obligee receives the payments directly from the payor, or the
public office or the Clerk of the Circuit Court, as
appropriate, of any change of address within 7 days of such
change.
(2) An obligee who is a recipient of public aid shall
send a copy of any notice served by the obligee to the
Division of Child Support Enforcement of the Illinois
Department of Public Aid.
(3) Each obligor shall notify the obligee, the public
office, and the Clerk of the Circuit Court of any change of
address within 7 days.
(4) An obligor whose income is being withheld or who has
been served with a notice of delinquency pursuant to this
Section shall notify the obligee, the public office, and the
Clerk of the Circuit Court of any new payor, within 7 days.
(5) When the Illinois Department of Public Aid is no
longer authorized to receive payments for the obligee, it
shall, within 7 days, notify the payor or, where appropriate,
the Clerk of the Circuit Court, to redirect income
withholding payments to the obligee.
(6) The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a set-off under
federal and State law or partial payment of the delinquency
or arrearage, or both.
(7) Any public office and Clerk of the Circuit Court
which collects, disburses or receives payments pursuant to
income withholding notices shall maintain complete, accurate,
and clear records of all payments and their disbursements.
Certified copies of payment records maintained by a public
office or Clerk of the Circuit Court shall, without further
proof, be admitted into evidence in any legal proceedings
under this Section.
(8) The Illinois Department of Public Aid shall design
suggested legal forms for proceeding under this Section and
shall make available to the courts such forms and
informational materials which describe the procedures and
remedies set forth herein for distribution to all parties in
support actions.
(9) At the time of transmitting each support payment,
the clerk of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date the amount would (but for the
duty to withhold income) have been paid or credited to the
obligor.
(H) Penalties.
(1) Where a payor wilfully fails to withhold or pay over
income pursuant to a properly served income withholding
notice, or wilfully discharges, disciplines, refuses to hire
or otherwise penalizes an obligor as prohibited by subsection
(E), or otherwise fails to comply with any duties imposed by
this Section, the obligee, public office or obligor, as
appropriate, may file a complaint with the court against the
payor. The clerk of the circuit court shall notify the
obligee or public office, as appropriate, and the obligor and
payor of the time and place of the hearing on the complaint.
The court shall resolve any factual dispute including, but
not limited to, a denial that the payor is paying or has paid
income to the obligor. Upon a finding in favor of the
complaining party, the court:
(a) Shall enter judgment and direct the enforcement
thereof for the total amount that the payor wilfully
failed to withhold or pay over; and
(b) May order employment or reinstatement of or
restitution to the obligor, or both, where the obligor
has been discharged, disciplined, denied employment or
otherwise penalized by the payor and may impose a fine
upon the payor not to exceed $200.
(2) Any obligee, public office or obligor who wilfully
initiates a false proceeding under this Section or who
wilfully fails to comply with the requirements of this
Section shall be punished as in cases of contempt of court.
(I) Alternative Procedures for Service of an Income
Withholding Notice.
(1) The procedures of this subsection may be used in any
matter to serve an income withholding notice on a payor if:
(a) For any reason the most recent order for
support entered does not contain the income withholding
provisions required under subsection (B), irrespective of
whether a separate order for withholding was entered
prior to July 1, 1997; and
(b) The obligor has accrued a delinquency after
entry of the most recent order for support.
(2) The obligee or public office shall prepare and serve
the income withholding notice in accordance with the
provisions of subsection (C), except that the notice shall
contain a periodic amount for payment of the delinquency
equal to 20% of the total of the current support amount and
the amount to be paid periodically for payment of any
arrearage stated in the most recent order for support.
(3) If the obligor requests in writing that income
withholding become effective prior to the obligor accruing a
delinquency under the most recent order for support, the
obligee or public office may prepare and serve an income
withholding notice on the payor as provided in subsection
(B). In addition to filing proofs of service of the income
withholding notice on the payor and the obligor, the obligee
or public office shall file a copy of the obligor's written
request for income withholding with the Clerk of the Circuit
Court.
(4) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(I).
(J) Remedies in Addition to Other Laws.
(1) The rights, remedies, duties and penalties created
by this Section are in addition to and not in substitution
for any other rights, remedies, duties and penalties created
by any other law.
(2) Nothing in this Section shall be construed as
invalidating any assignment of wages or benefits executed
prior to January 1, 1984 or any order for withholding served
prior to July 1, 1997.
(Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
90-425, eff. 8-15-97; revised 9-29-97.)
Section 171. The Non-Support of Spouse and Children Act
is amended by changing Sections 3 and 4.1 as follows:
(750 ILCS 15/3) (from Ch. 40, par. 1106)
Sec. 3. At any time before the trial, upon motion of the
State's Attorney, or of the Attorney General if the action
has been instituted by his office, and upon notice to the
defendant, or at the time of arraignment or as a condition of
the postponement of arraignment, the court at any time may
enter such temporary order as may seem just, providing for
the support or maintenance of the spouse or child or children
of the defendant, or both, pendente lite.
The Court shall determine the amount of child support by
using the guidelines and standards set forth in subsection
(a) of Section 505 and in Section 505.2 of the Illinois
Marriage and Dissolution of Marriage Act.
An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and
to the clerk of court within 10 days each time the obligor
obtains new employment, and each time the obligor's
employment is terminated for any reason. The report shall be
in writing and shall, in the case of new employment, include
the name and address of the new employer. Failure to report
new employment or the termination of current employment, if
coupled with nonpayment of support for a period in excess of
60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment bond shall be
set in the amount of the child support that should have been
paid during the period of unreported employment. An order
entered under this Section shall also include a provision
requiring the obligor and obligee parents to advise each
other of a change in residence within 5 days of the change
except when the court finds that the physical, mental, or
emotional health of a party or that of a minor child, or
both, would be seriously endangered by disclosure of the
party's address.
The Court shall determine the amount of maintenance using
the standards set forth in Section 504 of the Illinois
Marriage and Dissolution of Marriage Act.
The court may for violation of any order under this
Section punish the offender as for a contempt of court, but
no pendente lite order shall remain in force for a longer
term than 4 months, or after the discharge of any panel of
jurors summoned for service thereafter in such court,
whichever is the sooner.
Any new or existing support order entered by the court
under this Section shall be deemed to be a series of
judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A lien arises by operation of law against the real and
personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial
parent.
A one-time interest charge of 20% is imposable upon the
amount of past-due child support owed on July 1, 1988 which
has accrued under a support order entered by the court. The
charge shall be imposed in accordance with the provisions of
Section 10-21 of the Illinois Public Aid Code and shall be
enforced by the court upon petition.
All orders for support, when entered or modified, shall
include a provision requiring the non-custodial parent to
notify the court and, in cases in which a party is receiving
child and spouse support services under Article X of the
Illinois Public Aid Code, the Illinois Department of Public
Aid, within 7 days, (i) of the name and address of any new
employer of the non-custodial parent, (ii) whether the
non-custodial parent has access to health insurance coverage
through the employer or other group coverage and, if so, the
policy name and number and the names of persons covered under
the policy, and (iii) of any new residential or mailing
address or telephone number of the non-custodial parent. In
any subsequent action to enforce a support order, upon a
sufficient showing that a diligent effort has been made to
ascertain the location of the non-custodial parent, service
of process or provision of notice necessary in the case may
be made at the last known address of the non-custodial parent
in any manner expressly provided by the Code of Civil
Procedure or this Act, which service shall be sufficient for
purposes of due process.
An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered
by the order will attain the age of majority or is otherwise
emancipated. The order for support shall state that the
termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this paragraph shall
be construed to prevent the court from modifying the order.
(Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
revised 12-2-97.)
(750 ILCS 15/4.1) (from Ch. 40, par. 1107.1)
Sec. 4.1. Withholding of Income to Secure Payment of
Support.
(A) Definitions.
(1) "Order for support" means any order of the court
which provides for periodic payment of funds for the support
of a child or maintenance of a spouse, whether temporary or
final, and includes any such order which provides for:
(a) Modification or resumption of, or payment of
arrearage accrued under, a previously existing order;
(b) Reimbursement of support; or
(c) Enrollment in a health insurance plan that is
available to the obligor through an employer or labor
union or trade union.
(2) "Arrearage" means the total amount of unpaid support
obligations as determined by the court and incorporated into
an order for support.
(3) "Delinquency" means any payment under an order for
support which becomes due and remains unpaid after entry of
the order for support.
(4) "Income" means any form of periodic payment to an
individual, regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity,
pension, and retirement benefits, lottery prize awards,
insurance proceeds, vacation pay, bonuses, profit-sharing
payments, interest, and any other payments, made by any
person, private entity, federal or state government, any unit
of local government, school district or any entity created by
Public Act; however, "income" excludes:
(a) Any amounts required by law to be withheld,
other than creditor claims, including, but not limited
to, federal, State and local taxes, Social Security and
other retirement and disability contributions;
(b) Union dues;
(c) Any amounts exempted by the federal Consumer
Credit Protection Act;
(d) Public assistance payments; and
(e) Unemployment insurance benefits except as
provided by law.
Any other State or local laws which limit or exempt
income or the amount or percentage of income that can be
withheld shall not apply.
(5) "Obligor" means the individual who owes a duty to
make payments under an order for support.
(6) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
(7) "Payor" means any payor of income to an obligor.
(8) "Public office" means any elected official or any
State or local agency which is or may become responsible by
law for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department of Public
Aid, the Illinois Department of Human Services, the Illinois
Department of Children and Family Services, and the various
State's Attorneys, Clerks of the Circuit Court and
supervisors of general assistance.
(9) "Premium" means the dollar amount for which the
obligor is liable to his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that is available to the obligor
through an employer or labor union or trade union.
(B) Entry of Order for Support Containing Income Withholding
Provisions; Income Withholding Notice.
(1) In addition to any content required under other
laws, every order for support entered on or after July 1,
1997, shall:
(a) Require an income withholding notice to be
prepared and served immediately upon any payor of the
obligor by the obligee or public office, unless a written
agreement is reached between and signed by both parties
providing for an alternative arrangement, approved and
entered into the record by the court, which ensures
payment of support. In that case, the order for support
shall provide that an income withholding notice is to be
prepared and served only if the obligor becomes
delinquent in paying the order for support; and
(b) Contain a dollar amount to be paid until
payment in full of any delinquency that accrues after
entry of the order for support. The amount for payment
of delinquency shall not be less than 20% of the total of
the current support amount and the amount to be paid
periodically for payment of any arrearage stated in the
order for support; and
(c) Include the obligor's Social Security Number,
which the obligor shall disclose to the court. If the
obligor is not a United States citizen, the obligor shall
disclose to the court, and the court shall include in the
order for support, the obligor's alien registration
number, passport number, and home country's social
security or national health number, if applicable.
(2) At the time the order for support is entered, the
Clerk of the Circuit Court shall provide a copy of the order
to the obligor and shall make copies available to the obligee
and public office.
(3) The income withholding notice shall:
(a) Be in the standard format prescribed by the
federal Department of Health and Human Services; and
(b) Direct any payor to withhold the dollar amount
required for current support under the order for support;
and
(c) Direct any payor to withhold the dollar amount
required to be paid periodically under the order for
support for payment of the amount of any arrearage stated
in the order for support; and
(d) Direct any payor or labor union or trade union
to enroll a child as a beneficiary of a health insurance
plan and withhold or cause to be withheld, if applicable,
any required premiums; and
(e) State the amount of the payor income
withholding fee specified under this Section; and
(f) State that the amount actually withheld from
the obligor's income for support and other purposes,
including the payor withholding fee specified under this
Section, may not be in excess of the maximum amount
permitted under the federal Consumer Credit Protection
Act; and
(g) State the duties of the payor and the fines and
penalties for failure to withhold and pay over income and
for discharging, disciplining, refusing to hire, or
otherwise penalizing the obligor because of the duty to
withhold and pay over income under this Section; and
(h) State the rights, remedies, and duties of the
obligor under this Section; and
(i) Include the obligor's Social Security Number;
and
(j) Include the date that withholding for current
support terminates, which shall be the date of
termination of the current support obligation set forth
in the order for support.
(4) The accrual of a delinquency as a condition for
service of an income withholding notice, under the exception
to immediate withholding in paragraph (1) of this subsection,
shall apply only to the initial service of an income
withholding notice on a payor of the obligor.
(5) Notwithstanding the exception to immediate
withholding contained in paragraph (1) of this subsection, if
the court finds at the time of any hearing that an arrearage
has accrued, the court shall order immediate service of an
income withholding notice upon the payor.
(6) If the order for support, under the exception to
immediate withholding contained in paragraph (1) of this
subsection, provides that an income withholding notice is to
be prepared and served only if the obligor becomes delinquent
in paying the order for support, the obligor may execute a
written waiver of that condition and request immediate
service on the payor.
(7) The obligee or public office may serve the income
withholding notice on the payor or its superintendent,
manager, or other agent by ordinary mail or certified mail
return receipt requested, by facsimile transmission or other
electronic means, by personal delivery, or by any method
provided by law for service of a summons. At the time of
service on the payor and as notice that withholding has
commenced, the obligee or public office shall serve a copy of
the income withholding notice on the obligor by ordinary mail
addressed to his or her last known address. Proofs of
service on the payor and the obligor shall be filed with the
Clerk of the Circuit Court.
(8) At any time after the initial service of an income
withholding notice under this Section, any other payor of the
obligor may be served with the same income withholding notice
without further notice to the obligor.
(9) (4) New service of an income order for withholding
notice is not required in order to resume withholding of
income in the case of an obligor with respect to whom an
income order for withholding notice was previously served on
the payor if withholding of income was terminated because of
an interruption in the obligor's employment of less than 180
days.
(C) Income Withholding After Accrual of Delinquency.
(1) Whenever an obligor accrues a delinquency, the
obligee or public office may prepare and serve upon the
obligor's payor an income withholding notice that:
(a) Contains the information required under
paragraph (3) of subsection (B); and
(b) Contains a computation of the period and total
amount of the delinquency as of the date of the notice;
and
(c) Directs the payor to withhold the dollar amount
required to be withheld periodically under the order for
support for payment of the delinquency.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition to contest
withholding shall be limited to:
(a) A dispute concerning the existence or amount of
the delinquency; or
(b) The identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office of the time and place of the
hearing on the petition to contest withholding. The court
shall hold the hearing pursuant to the provisions of
subsection (F).
(D) Initiated Withholding.
(1) Notwithstanding any other provision of this Section,
if the court has not required that income withholding take
effect immediately, the obligee or public office may initiate
withholding, regardless of whether a delinquency has accrued,
by preparing and serving an income withholding notice on the
payor that contains the information required under paragraph
(3) of subsection (B) and states that the parties' written
agreement providing an alternative arrangement to immediate
withholding under paragraph (1) of subsection (B) no longer
ensures payment of support and the reason or reasons why it
does not.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition shall be
limited to a dispute concerning:
(a) whether the parties' written agreement
providing an alternative arrangement to immediate
withholding under paragraph (1) of subsection (B)
continues to ensure payment of support; or
(b) the identity of the obligor.
It shall not be grounds for filing a petition that the
obligor has made all payments due by the date of the
petition.
(4) If the obligor files a petition contesting
withholding within the 20-day period required under paragraph
(3), the Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition. The court shall
hold the hearing pursuant to the provisions of subsection
(F). regular or facsimile regular or facsimile
(E) Duties of Payor.
(1) It shall be the duty of any payor who has been
served with an income withholding notice to deduct and pay
over income as provided in this subsection. The payor shall
deduct the amount designated in the income withholding
notice, as supplemented by any notice provided pursuant to
paragraph (6) of subsection (G), beginning no later than the
next payment of income which is payable or creditable to the
obligor that occurs 14 days following the date the income
withholding notice was mailed, sent by facsimile or other
electronic means, or placed for personal delivery to or
service on the payor. The payor may combine all amounts
withheld for the benefit of an obligee or public office into
a single payment and transmit the payment with a listing of
obligors from whom withholding has been effected. The payor
shall pay the amount withheld to the obligee or public office
within 7 business days after the date the amount would (but
for the duty to withhold income) have been paid or credited
to the obligor. If the payor knowingly fails to pay any
amount withheld to the obligee or public office within 7
business days after the date the amount would have been paid
or credited to the obligor, the payor shall pay a penalty of
$100 for each day that the withheld amount is not paid to the
obligee or public office after the period of 7 business days
has expired. The failure of a payor, on more than one
occasion, to pay amounts withheld to the obligee or public
office within 7 business days after the date the amount would
have been paid or credited to the obligor creates a
presumption that the payor knowingly failed to pay over the
amounts. This penalty may be collected in a civil action
which may be brought against the payor in favor of the
obligee or public office. A finding of a payor's
nonperformance within the time required under this Section
must be documented by a certified mail return receipt showing
the date the income order for withholding notice was served
on the payor. For purposes of this Section, a withheld amount
shall be considered paid by a payor on the date it is mailed
by the payor, or on the date an electronic funds transfer of
the amount has been initiated by the payor, or on the date
delivery of the amount has been initiated by the payor. For
each deduction, the payor shall provide the obligee or public
office, at the time of transmittal, with the date the amount
would (but for the duty to withhold income) have been paid or
credited to the obligor.
Upon receipt of an income withholding notice requiring
that a minor child be named as a beneficiary of a health
insurance plan available through an employer or labor union
or trade union, the employer or labor union or trade union
shall immediately enroll the minor child as a beneficiary in
the health insurance plan designated by the income
withholding notice. The employer shall withhold any required
premiums and pay over any amounts so withheld and any
additional amounts the employer pays to the insurance carrier
in a timely manner. The employer or labor union or trade
union shall mail to the obligee, within 15 days of enrollment
or upon request, notice of the date of coverage, information
on the dependent coverage plan, and all forms necessary to
obtain reimbursement for covered health expenses, such as
would be made available to a new employee. When an order for
dependent coverage is in effect and the insurance coverage is
terminated or changed for any reason, the employer or labor
union or trade union shall notify the obligee within 10 days
of the termination or change date along with notice of
conversion privileges.
For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month or the actual check
processing cost to be taken from the income to be paid to the
obligor.
(2) Whenever the obligor is no longer receiving income
from the payor, the payor shall return a copy of the income
withholding notice to the obligee or public office and shall
provide information for the purpose of enforcing this
Section.
(3) Withholding of income under this Section shall be
made without regard to any prior or subsequent garnishments,
attachments, wage assignments, or any other claims of
creditors. Withholding of income under this Section shall
not be in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one income withholding notice
pertaining to the same obligor, the payor shall allocate
income available for withholding on a proportionate share
basis, giving priority to current support payments. If there
is any income available for withholding after withholding for
all current support obligations, the payor shall allocate the
income to past due support payments ordered in cases in which
cash assistance under the Illinois Public Aid Code is not
being provided to the obligee and then to past due support
payments ordered in cases in which cash assistance under the
Illinois Public Aid Code is being provided to the obligee,
both on a proportionate share basis. A payor who complies
with an income withholding notice that is regular on its face
shall not be subject to civil liability with respect to any
individual, any agency, or any creditor of the obligor for
conduct in compliance with the notice.
(4) No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor because of the duty to
withhold income.
(F) Petitions to Contest Withholding or to Modify, Suspend,
Terminate, or Correct Income Withholding Notices.
(1) When an obligor files a petition to contest
withholding, the court, after due notice to all parties,
shall hear the matter as soon as practicable and shall enter
an order granting or denying relief, ordering service of an
amended income withholding notice, where applicable, or
otherwise resolving the matter.
The court shall deny the obligor's petition if the court
finds that when the income withholding notice was mailed,
sent by facsimile transmission or other electronic means, or
placed for personal delivery to or service on the payor:
(a) A delinquency existed; or
(b) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of subsection (B) no longer ensured payment
of support.
(2) At any time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
(a) Modify, suspend or terminate the income
withholding notice because of a modification, suspension
or termination of the underlying order for support; or
(b) Modify the amount of income to be withheld to
reflect payment in full or in part of the delinquency or
arrearage by income withholding or otherwise; or
(c) Suspend the income withholding notice because
of inability to deliver income withheld to the obligee
due to the obligee's failure to provide a mailing address
or other means of delivery.
(3) At any time an obligor may petition the court to
correct a term contained in an income withholding notice to
conform to that stated in the underlying order for support
for:
(a) The amount of current support;
(b) The amount of the arrearage;
(c) The periodic amount for payment of the
arrearage; or
(d) The periodic amount for payment of the
delinquency.
(4) The obligor, obligee or public office shall serve on
the payor, in the manner provided for service of income
withholding notices in paragraph (7) of subsection (B), a
copy of any order entered pursuant to this subsection that
affects the duties of the payor.
(5) At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
(a) Cease withholding of income for payment of
current support for a child when the support obligation
for that child has automatically ceased under the order
for support through emancipation or otherwise; or
(b) Cease withholding of income for payment of
delinquency or arrearage when the delinquency or
arrearage has been paid in full.
(6) The notice provided for under paragraph (5) of this
subsection shall be served on the payor in the manner
provided for service of income withholding notices in
paragraph (7) of subsection (B), and a copy shall be provided
to the obligor and the obligee.
(7) The income withholding notice shall continue to be
binding upon the payor until service of an amended income
withholding notice or any order of the court or notice
entered or provided for under this subsection.
(G) Additional Duties.
(1) An obligee who is receiving income withholding
payments under this Section shall notify the payor, if the
obligee receives the payments directly from the payor, or the
public office or the Clerk of the Circuit Court, as
appropriate, of any change of address within 7 days of such
change.
(2) An obligee who is a recipient of public aid shall
send a copy of any income withholding notice served by the
obligee to the Division of Child Support Enforcement of the
Illinois Department of Public Aid.
(3) Each obligor shall notify the obligee, the public
office, and the Clerk of the Circuit Court of any change of
address within 7 days.
(4) An obligor whose income is being withheld or who has
been served with a notice of delinquency pursuant to this
Section shall notify the obligee, the public office, and the
Clerk of the Circuit Court of any new payor, within 7 days.
(5) When the Illinois Department of Public Aid is no
longer authorized to receive payments for the obligee, it
shall, within 7 days, notify the payor or, where appropriate,
the Clerk of the Circuit Court, to redirect income
withholding payments to the obligee.
(6) The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a set-off under
federal and State law or partial payment of the delinquency
or arrearage, or both.
(7) Any public office and Clerk of the Circuit Court
which collects, disburses or receives payments pursuant to
income withholding notices shall maintain complete, accurate,
and clear records of all payments and their disbursements.
Certified copies of payment records maintained by a public
office or Clerk of the Circuit Court shall, without further
proof, be admitted into evidence in any legal proceedings
under this Section.
(8) The Illinois Department of Public Aid shall design
suggested legal forms for proceeding under this Section and
shall make available to the courts such forms and
informational materials which describe the procedures and
remedies set forth herein for distribution to all parties in
support actions.
(9) At the time of transmitting each support payment,
the clerk of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date the amount would (but for the
duty to withhold income) have been paid or credited to the
obligor.
(H) Penalties.
(1) Where a payor wilfully fails to withhold or pay over
income pursuant to a properly served income withholding
notice, or wilfully discharges, disciplines, refuses to hire
or otherwise penalizes an obligor as prohibited by subsection
(E), or otherwise fails to comply with any duties imposed by
this Section, the obligee, public office or obligor, as
appropriate, may file a complaint with the court against the
payor. The clerk of the circuit court shall notify the
obligee or public office, as appropriate, and the obligor and
payor of the time and place of the hearing on the complaint.
The court shall resolve any factual dispute including, but
not limited to, a denial that the payor is paying or has paid
income to the obligor. Upon a finding in favor of the
complaining party, the court:
(a) Shall enter judgment and direct the enforcement
thereof for the total amount that the payor wilfully
failed to withhold or pay over; and
(b) May order employment or reinstatement of or
restitution to the obligor, or both, where the obligor
has been discharged, disciplined, denied employment or
otherwise penalized by the payor and may impose a fine
upon the payor not to exceed $200.
(2) Any obligee, public office or obligor who wilfully
initiates a false proceeding under this Section or who
wilfully fails to comply with the requirements of this
Section shall be punished as in cases of contempt of court.
(I) Alternative Procedures for Service of an Income
Withholding Notice.
(1) The procedures of this subsection may be used in any
matter to serve an income withholding notice on a payor if:
(a) For any reason the most recent order for
support entered does not contain the income withholding
provisions required under subsection (B), irrespective of
whether a separate order for withholding was entered
prior to July 1, 1997; and
(b) The obligor has accrued a delinquency after
entry of the most recent order for support.
(2) The obligee or public office shall prepare and serve
the income withholding notice in accordance with the
provisions of subsection (C), except that the notice shall
contain a periodic amount for payment of the delinquency
equal to 20% of the total of the current support amount and
the amount to be paid periodically for payment of any
arrearage stated in the most recent order for support.
(3) If the obligor requests in writing that income
withholding become effective prior to the obligor accruing a
delinquency under the most recent order for support, the
obligee or public office may prepare and serve an income
withholding notice on the payor as provided in subsection
(B). In addition to filing proofs of service of the income
withholding notice on the payor and the obligor, the obligee
or public office shall file a copy of the obligor's written
request for income withholding with the Clerk of the Circuit
Court.
(4) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(I).
(J) Remedies in Addition to Other Laws.
(1) The rights, remedies, duties and penalties created
by this Section are in addition to and not in substitution
for any other rights, remedies, duties and penalties created
by any other law.
(2) Nothing in this Section shall be construed as
invalidating any assignment of wages or benefits executed
prior to January 1, 1984 or any order for withholding served
prior to July 1, 1997.
(Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
90-425, eff. 8-15-97; revised 9-29-97.)
Section 172. The Uniform Interstate Family Support Act
is amended by changing Section 605 as follows:
(750 ILCS 22/605)
Sec. 605. Notice of registration of order.
(a) When a support order or income-withholding order
issued in another state is registered, the registering
tribunal shall notify the nonregistering party. The notice
must be accompanied by a copy of the registered order and the
documents and relevant information accompanying the order.
(b) The notice must inform the nonregistering party:
(1) that a registered order is enforceable as of
the date of registration in the same manner as an order
issued by a tribunal of this State;
(2) that a hearing to contest the validity or
enforcement of the registered order must be requested
within 20 days after the date of mailing or personal
service of the notice;
(3) that failure to contest the validity or
enforcement of the registered order in a timely manner
will result in confirmation of the order and enforcement
of the order and the alleged arrearages and precludes
further contest of that order with respect to any matter
that could have been asserted; and
(4) of the amount of any alleged arrearages.
(c) Upon registration of an income-withholding order for
enforcement, the registering tribunal shall notify the
obligor's employer pursuant to Section 10-16.2 of the
Illinois Public Aid Code, Section 706.1 of the Illinois
Marriage and Dissolution of Marriage Act, Section 4.1 of the
Non-Support of Spouse and Children Act, and Section 20 of the
Illinois Parentage Act of 1984 1989.
(Source: P.A. 90-240, eff. 7-28-97; revised 12-18-97.)
Section 173. The Illinois Parentage Act of 1984 is
amended by changing Sections 14 and 20 as follows:
(750 ILCS 45/14) (from Ch. 40, par. 2514)
Sec. 14. Judgment.
(a) (1) The judgment shall contain or explicitly reserve
provisions concerning any duty and amount of child support
and may contain provisions concerning the custody and
guardianship of the child, visitation privileges with the
child, the furnishing of bond or other security for the
payment of the judgment, which the court shall determine in
accordance with the relevant factors set forth in the
Illinois Marriage and Dissolution of Marriage Act and any
other applicable law of Illinois, to guide the court in a
finding in the best interests of the child. In determining
custody, joint custody, or visitation, the court shall apply
the relevant standards of the Illinois Marriage and
Dissolution of Marriage Act. Specifically, in determining the
amount of any child support award, the court shall use the
guidelines and standards set forth in subsection (a) of
Section 505 and in Section 505.2 of the Illinois Marriage and
Dissolution of Marriage Act. For purposes of Section 505 of
the Illinois Marriage and Dissolution of Marriage Act, "net
income" of the non-custodial parent shall include any
benefits available to that person under the Illinois Public
Aid Code or from other federal, State or local
government-funded programs. The court shall, in any event
and regardless of the amount of the non-custodial parent's
net income, in its judgment order the non-custodial parent to
pay child support to the custodial parent in a minimum amount
of not less than $10 per month. In an action brought within 2
years after a child's birth, the judgment or order may direct
either parent to pay the reasonable expenses incurred by
either parent related to the mother's pregnancy and the
delivery of the child. The judgment or order shall contain
the father's social security number, which the father shall
disclose to the court; however, failure to include the
father's social security number on the judgment or order does
not invalidate the judgment or order.
(2) If a judgment of parentage contains no explicit
award of custody, the establishment of a support obligation
or of visitation rights in one parent shall be considered a
judgment granting custody to the other parent. If the
parentage judgment contains no such provisions, custody shall
be presumed to be with the mother; however, the presumption
shall not apply if the father has had physical custody for at
least 6 months prior to the date that the mother seeks to
enforce custodial rights.
(b) The court shall order all child support payments,
determined in accordance with such guidelines, to commence
with the date summons is served. The level of current
periodic support payments shall not be reduced because of
payments set for the period prior to the date of entry of the
support order. The Court may order any child support
payments to be made for a period prior to the commencement of
the action. In determining whether and the extent to which
the payments shall be made for any prior period, the court
shall consider all relevant facts, including the factors for
determining the amount of support specified in the Illinois
Marriage and Dissolution of Marriage Act and other equitable
factors including but not limited to:
(1) The father's prior knowledge of the fact and
circumstances of the child's birth.
(2) The father's prior willingness or refusal to
help raise or support the child.
(3) The extent to which the mother or the public
agency bringing the action previously informed the father
of the child's needs or attempted to seek or require his
help in raising or supporting the child.
(4) The reasons the mother or the public agency did
not file the action earlier.
(5) The extent to which the father would be
prejudiced by the delay in bringing the action.
For purposes of determining the amount of child support
to be paid for any period before the date the order for
current child support is entered, there is a rebuttable
presumption that the father's net income for the prior period
was the same as his net income at the time the order for
current child support is entered.
(c) Any new or existing support order entered by the
court under this Section shall be deemed to be a series of
judgments against the person obligated to pay support
thereunder, each judgment to be in the amount of each payment
or installment of support and each such judgment to be deemed
entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. A lien arises by operation of law
against the real and personal property of the noncustodial
parent for each installment of overdue support owed by the
noncustodial parent.
(d) If the judgment or order of the court is at variance
with the child's birth certificate, the court shall order
that a new birth certificate be issued under the Vital
Records Act.
(e) On request of the mother and the father, the court
shall order a change in the child's name. After hearing
evidence the court may stay payment of support during the
period of the father's minority or period of disability.
(f) If, upon a showing of proper service, the father
fails to appear in court, or otherwise appear as provided by
law, the court may proceed to hear the cause upon testimony
of the mother or other parties taken in open court and shall
enter a judgment by default. The court may reserve any order
as to the amount of child support until the father has
received notice, by regular mail, of a hearing on the matter.
(g) A one-time charge of 20% is imposable upon the
amount of past-due child support owed on July 1, 1988 which
has accrued under a support order entered by the court. The
charge shall be imposed in accordance with the provisions of
Section 10-21 of the Illinois Public Aid Code and shall be
enforced by the court upon petition.
(h) All orders for support, when entered or modified,
shall include a provision requiring the non-custodial parent
to notify the court and, in cases in which party is receiving
child and spouse support services under Article X of the
Illinois Public Aid Code, the Illinois Department of Public
Aid, within 7 days, (i) of the name and address of any new
employer of the non-custodial parent, (ii) whether the
non-custodial parent has access to health insurance coverage
through the employer or other group coverage and, if so, the
policy name and number and the names of persons covered under
the policy, and (iii) of any new residential or mailing
address or telephone number of the non-custodial parent. In
any subsequent action to enforce a support order, upon a
sufficient showing that a diligent effort has been made to
ascertain the location of the non-custodial parent, service
of process or provision of notice necessary in the case may
be made at the last known address of the non-custodial parent
in any manner expressly provided by the Code of Civil
Procedure or this Act, which service shall be sufficient for
purposes of due process.
(i) An order for support shall include a date on which
the current support obligation terminates. The termination
date shall be no earlier than the date on which the child
covered by the order will attain the age of majority or is
otherwise emancipated. The order for support shall state
that the termination date does not apply to any arrearage
that may remain unpaid on that date. Nothing in this
subsection shall be construed to prevent the court from
modifying the order.
(j) An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and
to the clerk of court within 10 days each time the obligor
obtains new employment, and each time the obligor's
employment is terminated for any reason. The report shall be
in writing and shall, in the case of new employment, include
the name and address of the new employer. Failure to report
new employment or the termination of current employment, if
coupled with nonpayment of support for a period in excess of
60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment bond shall be
set in the amount of the child support that should have been
paid during the period of unreported employment. An order
entered under this Section shall also include a provision
requiring the obligor and obligee parents to advise each
other of a change in residence within 5 days of the change
except when the court finds that the physical, mental, or
emotional health of a party or that of a minor child, or
both, would be seriously endangered by disclosure of the
party's address.
(Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
revised 12-2-97.)
(750 ILCS 45/20) (from Ch. 40, par. 2520)
Sec. 20. Withholding of Income to Secure Payment of
Support.
(A) Definitions.
(1) "Order for support" means any order of the court
which provides for periodic payment of funds for the support
of a child, whether temporary or final, and includes any such
order which provides for:
(a) modification or resumption of, or payment of
arrearage accrued under, a previously existing order;
(b) reimbursement of support;
(c) payment or reimbursement of the expense of
pregnancy and delivery; or
(d) enrollment in a health insurance plan that is
available to the obligor through an employer or labor
union or trade union.
(2) "Arrearage" means the total amount of unpaid support
obligations as determined by the court and incorporated into
an order for support.
(3) "Delinquency" means any payment under an order for
support which becomes due and remains unpaid after entry of
the order for support.
(4) "Income" means any form of periodic payment to an
individual, regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity,
pension, and retirement benefits, lottery prize awards,
insurance proceeds, vacation pay, bonuses, profit-sharing
payments, interest, and any other payments, made by any
person, private entity, federal or state government, any unit
of local government, school district or any entity created by
Public Act; however, "income" excludes:
(a) any amounts required by law to be withheld,
other than creditor claims, including, but not limited
to, federal, State and local taxes, Social Security and
other retirement and disability contributions;
(b) union dues;
(c) any amounts exempted by the federal Consumer
Credit Protection Act;
(d) public assistance payments; and
(e) unemployment insurance benefits except as
provided by law.
Any other State or local laws which limit or exempt
income or the amount or percentage of income that can be
withheld shall not apply.
(5) "Obligor" means the individual who owes a duty to
make payments under an order for support.
(6) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
(7) "Payor" means any payor of income to an obligor.
(8) "Public office" means any elected official or any
State or local agency which is or may become responsible by
law for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department of Public
Aid, the Illinois Department of Human Services, the Illinois
Department of Children and Family Services, and the various
State's Attorneys, Clerks of the Circuit Court and
supervisors of general assistance.
(9) "Premium" means the dollar amount for which the
obligor is liable to his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that is available to the obligor
through an employer or labor union or trade union.
(B) Entry of Order for Support Containing Income Withholding
Provisions; Income Withholding Notice.
(1) In addition to any content required under other
laws, every order for support entered on or after July 1,
1997, shall:
(a) Require an income withholding notice to be
prepared and served immediately upon any payor of the
obligor by the obligee or public office, unless a written
agreement is reached between and signed by both parties
providing for an alternative arrangement, approved and
entered into the record by the court, which ensures
payment of support. In that case, the order for support
shall provide that an income withholding notice is to be
prepared and served only if the obligor becomes
delinquent in paying the order for support; and
(b) Contain a dollar amount to be paid until
payment in full of any delinquency that accrues after
entry of the order for support. The amount for payment
of delinquency shall not be less than 20% of the total of
the current support amount and the amount to be paid
periodically for payment of any arrearage stated in the
order for support; and
(c) Include the obligor's Social Security Number,
which the obligor shall disclose to the court. If the
obligor is not a United States citizen, the obligor shall
disclose to the court, and the court shall include in the
order for support, the obligor's alien registration
number, passport number, and home country's social
security or national health number, if applicable.
(2) At the time the order for support is entered, the
Clerk of the Circuit Court shall provide a copy of the order
to the obligor and shall make copies available to the obligee
and public office.
(3) The income withholding notice shall:
(a) Be in the standard format prescribed by the
federal Department of Health and Human Services; and
(b) Direct any payor to withhold the dollar amount
required for current support under the order for support;
and
(c) Direct any payor to withhold the dollar amount
required to be paid periodically under the order for
support for payment of the amount of any arrearage stated
in the order for support; and
(d) Direct any payor or labor union or trade union
to enroll a child as a beneficiary of a health insurance
plan and withhold or cause to be withheld, if applicable,
any required premiums; and
(e) State the amount of the payor income
withholding fee specified under this Section; and
(f) State that the amount actually withheld from
the obligor's income for support and other purposes,
including the payor withholding fee specified under this
Section, may not be in excess of the maximum amount
permitted under the federal Consumer Credit Protection
Act; and
(g) State the duties of the payor and the fines and
penalties for failure to withhold and pay over income and
for discharging, disciplining, refusing to hire, or
otherwise penalizing the obligor because of the duty to
withhold and pay over income under this Section; and
(h) State the rights, remedies, and duties of the
obligor under this Section; and
(i) Include the obligor's Social Security Number;
and
(j) Include the date that withholding for current
support terminates, which shall be the date of
termination of the current support obligation set forth
in the order for support.
(4) The accrual of a delinquency as a condition for
service of an income withholding notice, under the exception
to immediate withholding in paragraph (1) of this subsection,
shall apply only to the initial service of an income
withholding notice on a payor of the obligor.
(5) Notwithstanding the exception to immediate
withholding contained in paragraph (1) of this subsection, if
the court finds at the time of any hearing that an arrearage
has accrued, the court shall order immediate service of an
income withholding notice upon the payor.
(6) If the order for support, under the exception to
immediate withholding contained in paragraph (1) of this
subsection, provides that an income withholding notice is to
be prepared and served only if the obligor becomes delinquent
in paying the order for support, the obligor may execute a
written waiver of that condition and request immediate
service on the payor.
(7) The obligee or public office may serve the income
withholding notice on the payor or its superintendent,
manager, or other agent by ordinary mail or certified mail
return receipt requested, by facsimile transmission or other
electronic means, by personal delivery, or by any method
provided by law for service of a summons. At the time of
service on the payor and as notice that withholding has
commenced, the obligee or public office shall serve a copy of
the income withholding notice on the obligor by ordinary mail
addressed to his or her last known address. Proofs of
service on the payor and the obligor shall be filed with the
Clerk of the Circuit Court.
(8) At any time after the initial service of an income
withholding notice under this Section, any other payor of the
obligor may be served with the same income withholding notice
without further notice to the obligor.
(9) (4) New service of an income order for withholding
notice is not required in order to resume withholding of
income in the case of an obligor with respect to whom an
income order for withholding notice was previously served on
the payor if withholding of income was terminated because of
an interruption in the obligor's employment of less than 180
days.
(C) Income Withholding After Accrual of Delinquency.
(1) Whenever an obligor accrues a delinquency, the
obligee or public office may prepare and serve upon the
obligor's payor an income withholding notice that:
(a) Contains the information required under
paragraph (3) of subsection (B); and
(b) Contains a computation of the period and total
amount of the delinquency as of the date of the notice;
and
(c) Directs the payor to withhold the dollar amount
required to be withheld periodically under the order for
support for payment of the delinquency.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition to contest
withholding shall be limited to:
(a) A dispute concerning the existence or amount of
the delinquency; or
(b) The identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office of the time and place of the
hearing on the petition to contest withholding. The court
shall hold the hearing pursuant to the provisions of
subsection (F).
(D) Initiated Withholding.
(1) Notwithstanding any other provision of this Section,
if the court has not required that income withholding take
effect immediately, the obligee or public office may initiate
withholding, regardless of whether a delinquency has accrued,
by preparing and serving an income withholding notice on the
payor that contains the information required under paragraph
(3) of subsection (B) and states that the parties' written
agreement providing an alternative arrangement to immediate
withholding under paragraph (1) of subsection (B) no longer
ensures payment of support and the reason or reasons why it
does not.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition shall be
limited to a dispute concerning:
(a) whether the parties' written agreement
providing an alternative arrangement to immediate
withholding under paragraph (1) of subsection (B)
continues to ensure payment of support; or
(b) the identity of the obligor.
It shall not be grounds for filing a petition that the
obligor has made all payments due by the date of the
petition.
(4) If the obligor files a petition contesting
withholding within the 20-day period required under paragraph
(3), the Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition. The court shall
hold the hearing pursuant to the provisions of subsection
(F). regular or facsimile regular or facsimile
(E) Duties of Payor.
(1) It shall be the duty of any payor who has been
served with an income withholding notice to deduct and pay
over income as provided in this subsection. The payor shall
deduct the amount designated in the income withholding
notice, as supplemented by any notice provided pursuant to
paragraph (6) of subsection (G), beginning no later than the
next payment of income which is payable or creditable to the
obligor that occurs 14 days following the date the income
withholding notice was mailed, sent by facsimile or other
electronic means, or placed for personal delivery to or
service on the payor. The payor may combine all amounts
withheld for the benefit of an obligee or public office into
a single payment and transmit the payment with a listing of
obligors from whom withholding has been effected. The payor
shall pay the amount withheld to the obligee or public office
within 7 business days after the date the amount would (but
for the duty to withhold income) have been paid or credited
to the obligor. If the payor knowingly fails to pay any
amount withheld to the obligee or public office within 7
business days after the date the amount would have been paid
or credited to the obligor, the payor shall pay a penalty of
$100 for each day that the withheld amount is not paid to the
obligee or public office after the period of 7 business days
has expired. The failure of a payor, on more than one
occasion, to pay amounts withheld to the obligee or public
office within 7 business days after the date the amount would
have been paid or credited to the obligor creates a
presumption that the payor knowingly failed to pay over the
amounts. This penalty may be collected in a civil action
which may be brought against the payor in favor of the
obligee or public office. A finding of a payor's
nonperformance within the time required under this Section
must be documented by a certified mail return receipt showing
the date the income order for withholding notice was served
on the payor. For purposes of this Section, a withheld amount
shall be considered paid by a payor on the date it is mailed
by the payor, or on the date an electronic funds transfer of
the amount has been initiated by the payor, or on the date
delivery of the amount has been initiated by the payor. For
each deduction, the payor shall provide the obligee or public
office, at the time of transmittal, with the date the amount
would (but for the duty to withhold income) have been paid or
credited to the obligor.
Upon receipt of an income withholding notice requiring
that a minor child be named as a beneficiary of a health
insurance plan available through an employer or labor union
or trade union, the employer or labor union or trade union
shall immediately enroll the minor child as a beneficiary in
the health insurance plan designated by the income
withholding notice. The employer shall withhold any required
premiums and pay over any amounts so withheld and any
additional amounts the employer pays to the insurance carrier
in a timely manner. The employer or labor union or trade
union shall mail to the obligee, within 15 days of enrollment
or upon request, notice of the date of coverage, information
on the dependent coverage plan, and all forms necessary to
obtain reimbursement for covered health expenses, such as
would be made available to a new employee. When an order for
dependent coverage is in effect and the insurance coverage is
terminated or changed for any reason, the employer or labor
union or trade union shall notify the obligee within 10 days
of the termination or change date along with notice of
conversion privileges.
For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month to be taken from the
income to be paid to the obligor.
(2) Whenever the obligor is no longer receiving income
from the payor, the payor shall return a copy of the income
withholding notice to the obligee or public office and shall
provide information for the purpose of enforcing this
Section.
(3) Withholding of income under this Section shall be
made without regard to any prior or subsequent garnishments,
attachments, wage assignments, or any other claims of
creditors. Withholding of income under this Section shall
not be in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one income withholding notice
pertaining to the same obligor, the payor shall allocate
income available for withholding on a proportionate share
basis, giving priority to current support payments. If there
is any income available for withholding after withholding for
all current support obligations, the payor shall allocate the
income to past due support payments ordered in cases in which
cash assistance under the Illinois Public Aid Code is not
being provided to the obligee and then to past due support
payments ordered in cases in which cash assistance under the
Illinois Public Aid Code is being provided to the obligee,
both on a proportionate share basis. A payor who complies
with an income withholding notice that is regular on its face
shall not be subject to civil liability with respect to any
individual, any agency, or any creditor of the obligor for
conduct in compliance with the notice.
(4) No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor because of the duty to
withhold income.
(F) Petitions to Contest Withholding or to Modify, Suspend,
Terminate, or Correct Income Withholding Notices.
(1) When an obligor files a petition to contest
withholding, the court, after due notice to all parties,
shall hear the matter as soon as practicable and shall enter
an order granting or denying relief, ordering service of an
amended income withholding notice, where applicable, or
otherwise resolving the matter.
The court shall deny the obligor's petition if the court
finds that when the income withholding notice was mailed,
sent by facsimile transmission or other electronic means, or
placed for personal delivery to or service on the payor:
(a) A delinquency existed; or
(b) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of subsection (B) no longer ensured payment
of support.
(2) At any time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
(a) modify, suspend or terminate the income
withholding notice because of a modification, suspension
or termination of the underlying order for support; or
(b) modify the amount of income to be withheld to
reflect payment in full or in part of the delinquency or
arrearage by income withholding or otherwise; or
(c) suspend the income withholding notice because
of inability to deliver income withheld to the obligee
due to the obligee's failure to provide a mailing address
or other means of delivery.
(3) At any time an obligor may petition the court to
correct a term contained in an income withholding notice to
conform to that stated in the underlying order for support
for:
(a) The amount of current support;
(b) The amount of the arrearage;
(c) The periodic amount for payment of the
arrearage; or
(d) The periodic amount for payment of the
delinquency.
(4) The obligor, obligee or public office shall serve on
the payor, in the manner provided for service of income
withholding notices in paragraph (7) of subsection (B), a
copy of any order entered pursuant to this subsection that
affects the duties of the payor.
(5) At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
(a) Cease withholding of income for payment of
current support for a child when the support obligation
for that child has automatically ceased under the order
for support through emancipation or otherwise; or
(b) Cease withholding of income for payment of
delinquency or arrearage when the delinquency or
arrearage has been paid in full.
(6) The notice provided for under paragraph (5) of this
subsection shall be served on the payor in the manner
provided for service of income withholding notices in
paragraph (7) of subsection (B), and a copy shall be provided
to the obligor and the obligee.
(7) The income withholding notice shall continue to be
binding upon the payor until service of an amended income
withholding notice or any order of the court or notice
entered or provided for under this subsection.
(G) Additional Duties.
(1) An obligee who is receiving income withholding
payments under this Section shall notify the payor, if the
obligee receives the payments directly from the payor, or the
public office or the Clerk of the Circuit Court, as
appropriate, of any change of address within 7 days of such
change.
(2) An obligee who is a recipient of public aid shall
send a copy of any income withholding notice served by the
obligee to the Division of Child Support Enforcement of the
Illinois Department of Public Aid.
(3) Each obligor shall notify the obligee, the public
office, and the Clerk of the Circuit Court of any change of
address within 7 days.
(4) An obligor whose income is being withheld or who has
been served with a notice of delinquency pursuant to this
Section shall notify the obligee, the public office, and the
Clerk of the Circuit Court of any new payor, within 7 days.
(5) When the Illinois Department of Public Aid is no
longer authorized to receive payments for the obligee, it
shall, within 7 days, notify the payor or, where appropriate,
the Clerk of the Circuit Court, to redirect income
withholding payments to the obligee.
(6) The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a set-off under
federal and State law or partial payment of the delinquency
or arrearage, or both.
(7) Any public office and Clerk of the Circuit Court
which collects, disburses or receives payments pursuant to
income withholding notices shall maintain complete, accurate,
and clear records of all payments and their disbursements.
Certified copies of payment records maintained by a public
office or Clerk of the Circuit Court shall, without further
proof, be admitted into evidence in any legal proceedings
under this Section.
(8) The Illinois Department of Public Aid shall design
suggested legal forms for proceeding under this Section and
shall make available to the courts such forms and
informational materials which describe the procedures and
remedies set forth herein for distribution to all parties in
support actions.
(9) At the time of transmitting each support payment,
the clerk of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date the amount would (but for the
duty to withhold income) have been paid or credited to the
obligor.
(H) Penalties.
(1) Where a payor wilfully fails to withhold or pay over
income pursuant to a properly served income withholding
notice, or wilfully discharges, disciplines, refuses to hire
or otherwise penalizes an obligor as prohibited by subsection
(E), or otherwise fails to comply with any duties imposed by
this Section, the obligee, public office or obligor, as
appropriate, may file a complaint with the court against the
payor. The clerk of the circuit court shall notify the
obligee or public office, as appropriate, and the obligor and
payor of the time and place of the hearing on the complaint.
The court shall resolve any factual dispute including, but
not limited to, a denial that the payor is paying or has paid
income to the obligor. Upon a finding in favor of the
complaining party, the court:
(a) shall enter judgment and order the enforcement
thereof for the total amount that the payor wilfully
failed to withhold or pay over; and
(b) may order employment or reinstatement of or
restitution to the obligor, or both, where the obligor
has been discharged, disciplined, denied employment or
otherwise penalized by the payor and may impose a fine
upon the payor not to exceed $200.
(2) Any obligee, public office or obligor who wilfully
initiates a false proceeding under this Section or who
wilfully fails to comply with the requirements of this
Section shall be punished as in cases of contempt of court.
(I) Alternative Procedures for Service of an Income
Withholding Notice.
(1) The procedures of this subsection may be used in any
matter to serve an income withholding notice on a payor if:
(a) For any reason the most recent order for
support entered does not contain the income withholding
provisions required under subsection (B), irrespective of
whether a separate order for withholding was entered
prior to July 1, 1997; and
(b) The obligor has accrued a delinquency after
entry of the most recent order for support.
(2) The obligee or public office shall prepare and serve
the income withholding notice in accordance with the
provisions of subsection (C), except that the notice shall
contain a periodic amount for payment of the delinquency
equal to 20% of the total of the current support amount and
the amount to be paid periodically for payment of any
arrearage stated in the most recent order for support.
(3) If the obligor requests in writing that income
withholding become effective prior to the obligor accruing a
delinquency under the most recent order for support, the
obligee or public office may prepare and serve an income
withholding notice on the payor as provided in subsection
(B). In addition to filing proofs of service of the income
withholding notice on the payor and the obligor, the obligee
or public office shall file a copy of the obligor's written
request for income withholding with the Clerk of the Circuit
Court.
(4) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(I).
(J) Remedies in Addition to Other Laws.
(1) The rights, remedies, duties and penalties created
by this Section are in addition to and not in substitution
for any other rights, remedies, duties and penalties created
by any other law.
(2) Nothing in this Section shall be construed as
invalidating any assignment of wages or benefits executed
prior to July 1, 1985 or any order for withholding served
prior to July 1, 1997.
(Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
90-425, eff. 8-15-97; revised 9-29-97.)
Section 174. The Adoption Act is amended by changing
Sections 1, 10, and 20 as follows:
(750 ILCS 50/1) (from Ch. 40, par. 1501)
Sec. 1. Definitions. When used in this Act, unless the
context otherwise requires:
A. "Child" means a person under legal age subject to
adoption under this Act.
B. "Related child" means a child subject to adoption
where either or both of the adopting parents stands in any of
the following relationships to the child by blood or
marriage: parent, grand-parent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, or cousin of first degree. A child
whose parent has executed a final irrevocable consent to
adoption or a final irrevocable surrender for purposes of
adoption, or whose parent has had his or her parental rights
terminated, is not a related child to that person, unless the
consent is determined to be void or is void pursuant to
subsection O of Section 10.
C. "Agency" for the purpose of this Act means a public
child welfare agency or a licensed child welfare agency.
D. "Unfit person" means any person whom the court shall
find to be unfit to have a child, without regard to the
likelihood that the child will be placed for adoption. The
grounds of unfitness are any one or more of the following:
(a) Abandonment of the child.
(a-1) Abandonment of a newborn infant in a
hospital.
(a-2) Abandonment of a newborn infant in any
setting where the evidence suggests that the parent
intended to relinquish his or her parental rights.
(b) Failure to maintain a reasonable degree of
interest, concern or responsibility as to the child's
welfare.
(c) Desertion of the child for more than 3 months
next preceding the commencement of the Adoption
proceeding.
(d) Substantial neglect of the child if continuous
or repeated.
(d-1) Substantial neglect, if continuous or
repeated, of any child residing in the household which
resulted in the death of that child.
(e) Extreme or repeated cruelty to the child.
(f) Two or more findings of physical abuse to any
children under Section 4-8 of the Juvenile Court Act or
Section 2-21 of the Juvenile Court Act of 1987, the most
recent of which was determined by the juvenile court
hearing the matter to be supported by clear and
convincing evidence; a criminal conviction or a finding
of not guilty by reason of insanity resulting from the
death of any child by physical child abuse; or a finding
of physical child abuse resulting from the death of any
child under Section 4-8 of the Juvenile Court Act or
Section 2-21 of the Juvenile Court Act of 1987.
(g) Failure to protect the child from conditions
within his environment injurious to the child's welfare.
(h) Other neglect of, or misconduct toward the
child; provided that in making a finding of unfitness the
court hearing the adoption proceeding shall not be bound
by any previous finding, order or judgment affecting or
determining the rights of the parents toward the child
sought to be adopted in any other proceeding except such
proceedings terminating parental rights as shall be had
under either this Act, the Juvenile Court Act or the
Juvenile Court Act of 1987.
(i) Depravity.
(j) Open and notorious adultery or fornication.
(j-1) Conviction of any one of the following crimes
shall create a presumption of unfitness that may be
overcome only by clear and convincing evidence: (1) first
degree murder in violation of paragraph 1 or 2 of
subsection (a) of Section 9-1 of the Criminal Code of
1961 or conviction of second degree murder in violation
of subsection (a) of Section 9-2 of the Criminal Code of
1961 of a parent of the child to be adopted; (2) a
criminal conviction of first degree murder or second
degree murder of any child in violation of the Criminal
Code of 1961; (3) a criminal conviction of attempt or
conspiracy to commit first degree murder or second degree
murder of any child in violation of the Criminal Code of
1961; (4) a criminal conviction of solicitation to commit
murder of any child, solicitation to commit murder of any
child for hire, or solicitation to commit second degree
murder of any child in violation of the Criminal Code of
1961; (5) a criminal conviction of accountability for the
first or second degree murder of any child in violation
of the Criminal Code of 1961; or (6) a criminal
conviction of aggravated criminal sexual assault in
violation of Section 12-14(b)(1) of the Criminal Code of
1961.
(k) Habitual drunkenness or addiction to drugs,
other than those prescribed by a physician, for at least
one year immediately prior to the commencement of the
unfitness proceeding.
(l) Failure to demonstrate a reasonable degree of
interest, concern or responsibility as to the welfare of
a new born child during the first 30 days after its
birth.
(m) Failure by a parent to make reasonable efforts
to correct the conditions that were the basis for the
removal of the child from the parent, or to make
reasonable progress toward the return of the child to the
parent within 9 months after an adjudication of neglected
or abused minor under Section 2-3 of the Juvenile Court
Act of 1987 or dependent minor under Section 2-4 of that
Act. If a service plan has been established as required
under Section 8.2 of the Abused and Neglected Child
Reporting Act to correct the conditions that were the
basis for the removal of the child from the parent and if
those services were available, then, for purposes of this
Act, "failure to make reasonable progress toward the
return of the child to the parent" includes the parent's
failure to substantially fulfill his or her obligations
under the service plan and correct the conditions that
brought the child into care within 9 months after the
adjudication under Section 2-3 or 2-4 of the Juvenile
Court Act of 1987.
(n) Evidence of intent to forego his or her
parental rights, whether or not the child is a ward of
the court, (1) as manifested by his or her failure for a
period of 12 months: (i) to visit the child, (ii) to
communicate with the child or agency, although able to do
so and not prevented from doing so by an agency or by
court order, or (iii) to maintain contact with or plan
for the future of the child, although physically able to
do so, or (2) as manifested by the father's failure,
where he and the mother of the child were unmarried to
each other at the time of the child's birth, (i) to
commence legal proceedings to establish his paternity
under the Illinois Parentage Act of 1984 or the law of
the jurisdiction of the child's birth within 30 days of
being informed, pursuant to Section 12a of this Act, that
he is the father or the likely father of the child or,
after being so informed where the child is not yet born,
within 30 days of the child's birth, or (ii) to make a
good faith effort to pay a reasonable amount of the
expenses related to the birth of the child and to provide
a reasonable amount for the financial support of the
child, the court to consider in its determination all
relevant circumstances, including the financial condition
of both parents; provided that the ground for termination
provided in this subparagraph (n)(2)(ii) shall only be
available where the petition is brought by the mother or
the husband of the mother.
Contact or communication by a parent with his or her
child that does not demonstrate affection and concern
does not constitute reasonable contact and planning under
subdivision (n). In the absence of evidence to the
contrary, the ability to visit, communicate, maintain
contact, pay expenses and plan for the future shall be
presumed. The subjective intent of the parent, whether
expressed or otherwise, unsupported by evidence of the
foregoing parental acts manifesting that intent, shall
not preclude a determination that the parent has intended
to forego his or her parental rights. In making this
determination, the court may consider but shall not
require a showing of diligent efforts by an authorized
agency to encourage the parent to perform the acts
specified in subdivision (n).
It shall be an affirmative defense to any allegation
under paragraph (2) of this subsection that the father's
failure was due to circumstances beyond his control or to
impediments created by the mother or any other person
having legal custody. Proof of that fact need only be by
a preponderance of the evidence.
(o) Repeated or continuous failure by the parents,
although physically and financially able, to provide the
child with adequate food, clothing, or shelter.
(p) Inability to discharge parental
responsibilities supported by competent evidence from a
psychiatrist, licensed clinical social worker, or
clinical psychologist of mental impairment, mental
illness or mental retardation as defined in Section 1-116
of the Mental Health and Developmental Disabilities Code,
or developmental disability as defined in Section 1-106
of that Code, and there is sufficient justification to
believe that the inability to discharge parental
responsibilities shall extend beyond a reasonable time
period. However, this subdivision (p) shall not be
construed so as to permit a licensed clinical social
worker to conduct any medical diagnosis to determine
mental illness or mental impairment.
(q) A finding of physical abuse of the child under
Section 4-8 of the Juvenile Court Act or Section 2-21 of
the Juvenile Court Act of 1987 and a criminal conviction
of aggravated battery of the child.
(r) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated as a result of
criminal conviction at the time the petition or motion
for termination of parental rights is filed, prior to
incarceration the parent had little or no contact with
the child or provided little or no support for the child,
and the parent's incarceration will prevent the parent
from discharging his or her parental responsibilities for
the child for a period in excess of 2 years after the
filing of the petition or motion for termination of
parental rights.
(s) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated at the time the
petition or motion for termination of parental rights is
filed, the parent has been repeatedly incarcerated as a
result of criminal convictions, and the parent's repeated
incarceration has prevented the parent from discharging
his or her parental responsibilities for the child.
(t) (r) A finding that at birth the child's blood,
or urine, or meconium contained any amount of a
controlled substance as defined in subsection (f) of
Section 102 of the Illinois Controlled Substances Act, or
a metabolite of a controlled substance, with the
exception of controlled substances or metabolites of such
substances, the presence of which in the newborn infant
was the result of medical treatment administered to the
mother or the newborn infant, and that the biological
mother of this child is the biological mother of at least
one other child who was adjudicated a neglected minor
under subsection (c) of Section 2-3 of the Juvenile Court
Act of 1987, after which the biological mother had the
opportunity to enroll in and participate in a clinically
appropriate substance abuse drug counseling, treatment,
and rehabilitation program.
E. "Parent" means the father or mother of a legitimate
or illegitimate child. For the purpose of this Act, a person
who has executed a final and irrevocable consent to adoption
or a final and irrevocable surrender for purposes of
adoption, or whose parental rights have been terminated by a
court, is not a parent of the child who was the subject of
the consent or surrender, unless the consent is void pursuant
to subsection O of Section 10.
F. A person is available for adoption when the person
is:
(a) a child who has been surrendered for adoption
to an agency and to whose adoption the agency has
thereafter consented;
(b) a child to whose adoption a person authorized
by law, other than his parents, has consented, or to
whose adoption no consent is required pursuant to Section
8 of this Act;
(c) a child who is in the custody of persons who
intend to adopt him through placement made by his
parents;
(c-1) a child for whom a parent has signed a
specific consent pursuant to subsection O of Section 10;
or
(d) an adult who meets the conditions set forth in
Section 3 of this Act.
A person who would otherwise be available for adoption
shall not be deemed unavailable for adoption solely by reason
of his or her death.
G. The singular includes the plural and the plural
includes the singular and the "male" includes the "female",
as the context of this Act may require.
H. "Adoption disruption" occurs when an adoptive
placement does not prove successful and it becomes necessary
for the child to be removed from placement before the
adoption is finalized.
I. "Foreign placing agency" is an agency or individual
operating in a country or territory outside the United States
that is authorized by its country to place children for
adoption either directly with families in the United States
or through United States based international agencies.
J. "Immediate relatives" means the biological parents,
the parents of the biological parents and siblings of the
biological parents.
K. "Intercountry adoption" is a process by which a child
from a country other than the United States is adopted.
L. "Intercountry Adoption Coordinator" is a staff person
of the Department of Children and Family Services appointed
by the Director to coordinate the provision of services by
the public and private sector to prospective parents of
foreign-born children.
M. "Interstate Compact on the Placement of Children" is
a law enacted by most states for the purpose of establishing
uniform procedures for handling the interstate placement of
children in foster homes, adoptive homes, or other child care
facilities.
N. "Non-Compact state" means a state that has not
enacted the Interstate Compact on the Placement of Children.
O. "Preadoption requirements" are any conditions
established by the laws or regulations of the Federal
Government or of each state that must be met prior to the
placement of a child in an adoptive home.
P. "Abused child" means a child whose parent or
immediate family member, or any person responsible for the
child's welfare, or any individual residing in the same home
as the child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to
be inflicted upon the child physical injury, by other
than accidental means, that causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury
to the child by other than accidental means which would
be likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of
any bodily function;
(c) commits or allows to be committed any sex
offense against the child, as sex offenses are defined in
the Criminal Code of 1961 and extending those definitions
of sex offenses to include children under 18 years of
age;
(d) commits or allows to be committed an act or
acts of torture upon the child; or
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or
other person responsible for the child's welfare withholds or
denies nourishment or medically indicated treatment including
food or care denied solely on the basis of the present or
anticipated mental or physical impairment as determined by a
physician acting alone or in consultation with other
physicians or otherwise does not provide the proper or
necessary support, education as required by law, or medical
or other remedial care recognized under State law as
necessary for a child's well-being, or other care necessary
for his or her well-being, including adequate food, clothing
and shelter; or who is abandoned by his or her parents or
other person responsible for the child's welfare.
A child shall not be considered neglected or abused for
the sole reason that the child's parent or other person
responsible for his or her welfare depends upon spiritual
means through prayer alone for the treatment or cure of
disease or remedial care as provided under Section 4 of the
Abused and Neglected Child Reporting Act.
R. "Putative father" means a man who may be a child's
father, but who (1) is not married to the child's mother on
or before the date that the child was or is to be born and
(2) has not established paternity of the child in a court
proceeding before the filing of a petition for the adoption
of the child. The term includes a male who is less than 18
years of age. "Putative father" does not mean a man who is
the child's father as a result of criminal sexual abuse or
assault as defined under Article 12 of the Criminal Code of
1961.
(Source: P.A. 89-235, eff. 8-4-95; 89-704, eff. 8-16-97
(changed from 1-1-98 by P.A. 90-443); 90-13, eff. 6-13-97;
90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m)
eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv. (D)(m) eff.
6-25-97; 90-443, eff. 8-16-97; revised 11-26-97.)
(750 ILCS 50/10) (from Ch. 40, par. 1512)
Sec. 10. Forms of consent and surrender; execution and
acknowledgment thereof.)
A. The form of consent required for the adoption of a
born child shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION
I, ...., (relationship, e.g., mother, father, relative,
guardian) of ...., a ..male child, state:
That such child was born on .... at ....
That I reside at ...., County of .... and State of ....
That I am of the age of .... years.
That I hereby enter my appearance in this proceeding and
waive service of summons on me.
That I do hereby consent and agree to the adoption of
such child.
That I wish to and understand that by signing this
consent I do irrevocably and permanently give up all custody
and other parental rights I have to such child.
That I understand such child will be placed for adoption
and that I cannot under any circumstances, after signing this
document, change my mind and revoke or cancel this consent or
obtain or recover custody or any other rights over such
child. That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated this .... day of ...., 19....
If under Section 8 the consent of more than one person is
required, then each such person shall execute a separate
consent.
B. The form of consent required for the adoption of an
unborn child shall be substantially as follows:
CONSENT TO ADOPTION OF UNBORN CHILD
I, ...., state:
That I am the father of a child expected to be born on or
about .... to .... (name of mother).
That I reside at .... County of ...., and State of .....
That I am of the age of .... years.
That I hereby enter my appearance in such adoption
proceeding and waive service of summons on me.
That I do hereby consent and agree to the adoption of
such child, and that I have not previously executed a consent
or surrender with respect to such child.
That I wish to and do understand that by signing this
consent I do irrevocably and permanently give up all custody
and other parental rights I have to such child, except that I
have the right to revoke this consent by giving written
notice of my revocation not later than 72 hours after the
birth of the child.
That I understand such child will be placed for adoption
and that, except as hereinabove provided, I cannot under any
circumstances, after signing this document, change my mind
and revoke or cancel this consent or obtain or recover
custody or any other rights over such child.
That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated this .... day of ...., 19...
........................
C. The form of surrender to any agency given by a parent
of a born child who is to be subsequently placed for adoption
shall be substantially as follows and shall contain such
other facts and statements as the particular agency shall
require.
FINAL AND IRREVOCABLE SURRENDER
FOR PURPOSES OF ADOPTION
I, .... (relationship, e.g., mother, father, relative,
guardian) of ...., a ..male child, state:
That such child was born on ...., at .....
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I do hereby surrender and entrust the entire custody
and control of such child to the .... (the "Agency"), a
(public) (licensed) child welfare agency with its principal
office in the City of ...., County of .... and State of ....,
for the purpose of enabling it to care for and supervise the
care of such child, to place such child for adoption and to
consent to the legal adoption of such child.
That I hereby grant to the Agency full power and
authority to place such child with any person or persons it
may in its sole discretion select to become the adopting
parent or parents and to consent to the legal adoption of
such child by such person or persons; and to take any and all
measures which, in the judgment of the Agency, may be for the
best interests of such child, including authorizing medical,
surgical and dental care and treatment including inoculation
and anaesthesia for such child.
That I wish to and understand that by signing this
surrender I do irrevocably and permanently give up all
custody and other parental rights I have to such child.
That I understand I cannot under any circumstances, after
signing this surrender, change my mind and revoke or cancel
this surrender or obtain or recover custody or any other
rights over such child.
That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated this .... day of ...., 19...
........................
D. The form of surrender to an agency given by a parent
of an unborn child who is to be subsequently placed for
adoption shall be substantially as follows and shall contain
such other facts and statements as the particular agency
shall require.
SURRENDER OF UNBORN CHILD FOR
PURPOSES OF ADOPTION
I, .... (father), state:
That I am the father of a child expected to be born on or
about .... to .... (name of mother).
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I do hereby surrender and entrust the entire custody
and control of such child to the .... (the "Agency"), a
(public) (licensed) child welfare agency with its principal
office in the City of ...., County of .... and State of
...., for the purpose of enabling it to care for and
supervise the care of such child, to place such child for
adoption and to consent to the legal adoption of such child,
and that I have not previously executed a consent or
surrender with respect to such child.
That I hereby grant to the Agency full power and
authority to place such child with any person or persons it
may in its sole discretion select to become the adopting
parent or parents and to consent to the legal adoption of
such child by such person or persons; and to take any and all
measures which, in the judgment of the Agency, may be for the
best interests of such child, including authorizing medical,
surgical and dental care and treatment, including inoculation
and anaesthesia for such child.
That I wish to and understand that by signing this
surrender I do irrevocably and permanently give up all
custody and other parental rights I have to such child.
That I understand I cannot under any circumstances, after
signing this surrender, change my mind and revoke or cancel
this surrender or obtain or recover custody or any other
rights over such child, except that I have the right to
revoke this surrender by giving written notice of my
revocation not later than 72 hours after the birth of such
child.
That I have read and understand the above and I am
signing it as my free and voluntary act.
Dated this .... day of ...., 19...
........................
E. The form of consent required from the parents for the
adoption of an adult, when such adult elects to obtain such
consent, shall be substantially as follows:
CONSENT
I, ...., (father) (mother) of ...., an adult, state:
That I reside at ...., County of .... and State of .....
That I do hereby consent and agree to the adoption of
such adult by .... and .....
Dated this .... day of .......... 19
F. The form of consent required for the adoption of a
child of the age of 14 years or upwards, or of an adult, to
be given by such person, shall be substantially as follows:
CONSENT
I, ...., state:
That I reside at ...., County of .... and State of .....
That I am of the age of .... years. That I consent and
agree to my adoption by .... and .....
Dated this .... day of ......., 19...
........................
G. The form of consent given by an agency to the
adoption by specified persons of a child previously
surrendered to it shall set forth that the agency has the
authority to execute such consent. The form of consent given
by a guardian of the person of a child sought to be adopted,
appointed by a court of competent jurisdiction, shall set
forth the facts of such appointment and the authority of the
guardian to execute such consent.
H. A consent (other than that given by an agency, or
guardian of the person of the child sought to be adopted
appointed by a court of competent jurisdiction) shall be
acknowledged by a parent before the presiding judge of the
court in which the petition for adoption has been, or is to
be filed or before any other judge designated or subsequently
approved by the court, or the circuit clerk if so authorized
by the presiding judge or, except as otherwise provided in
this Act, before a representative of the Department of
Children and Family Services or a licensed child welfare
agency, or before social service personnel under the
jurisdiction of a court of competent jurisdiction, or before
social service personnel of the Cook County Department of
Supportive Services designated by the presiding judge.
I. A surrender, or any other document equivalent to a
surrender, by which a child is surrendered to an agency shall
be acknowledged by the person signing such surrender, or
other document, before a judge or the clerk of any court of
record, either in this State or any other state of the United
States, or before a representative of an agency or before any
other person designated or approved by the presiding judge of
the court in which the petition for adoption has been, or is
to be, filed.
J. The form of the certificate of acknowledgment for a
consent, a surrender, or any other document equivalent to a
surrender, shall be substantially as follows:
STATE OF ....)
) SS.
COUNTY OF ...)
I, .... (Name of judge or other person), .... (official
title, name and location of court or status or position of
other person), certify that ...., personally known to me to
be the same person whose name is subscribed to the foregoing
(consent) (surrender), appeared before me this day in person
and acknowledged that (she) (he) signed and delivered such
(consent) (surrender) as (her) (his) free and voluntary act,
for the specified purpose.
I have fully explained that by signing such (consent)
(surrender) (she) (he) is irrevocably relinquishing all
parental rights to such child or adult and (she) (he) has
stated that such is (her) (his) intention and desire.
Dated 19
Signature
K. When the execution of a consent or a surrender is
acknowledged before someone other than a judge or the clerk
of a court of record, such other person shall have his
signature on the certificate acknowledged before a notary
public, in form substantially as follows:
STATE OF ....)
) SS.
COUNTY OF ...)
I, a Notary Public, in and for the County of ......, in
the State of ......, certify that ...., personally known to
me to be the same person whose name is subscribed to the
foregoing certificate of acknowledgment, appeared before me
in person and acknowledged that (she) (he) signed such
certificate as (her) (his) free and voluntary act and that
the statements made in the certificate are true.
Dated ......... 19...
Signature ...................... Notary Public
(official seal)
There shall be attached a certificate of magistracy, or
other comparable proof of office of the notary public
satisfactory to the court, to a consent signed and
acknowledged in another state.
L. A surrender or consent executed and acknowledged
outside of this State, either in accordance with the law of
this State or in accordance with the law of the place where
executed, is valid.
M. Where a consent or a surrender is signed in a foreign
country, the execution of such consent shall be acknowledged
or affirmed in a manner conformable to the law and procedure
of such country.
N. If the person signing a consent or surrender is in
the military service of the United States, the execution of
such consent or surrender may be acknowledged before a
commissioned officer and the signature of such officer on
such certificate shall be verified or acknowledged before a
notary public or by such other procedure as is then in effect
for such division or branch of the armed forces.
O. (1) The parent or parents of a child in whose
interests a petition under Section 2-13 of the Juvenile Court
Act of 1987 is pending may, with the approval of the
designated representative of the Department of Children and
Family Services, execute a consent to adoption by a specified
person or persons:
(a) in whose physical custody the child has resided
for at least one year; or
(b) in whose physical custody at least one sibling
of the child who is the subject of this consent has
resided for at least one year, and the child who is the
subject of this consent is currently residing in this
foster home; or
(c) in whose physical custody a child under one
year of age has resided for at least 3 months.
A consent under this subsection O shall be acknowledged by a
parent pursuant to subsection H and subsection K of this
Section.
(2) The consent to adoption by a specified person or
persons shall have the caption of the proceeding in which it
is to be filed and shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
A SPECIFIED PERSON OR PERSONS
I, ......................................, the
.................. (mother or father) of a ....male child,
state:
1. My child ............................ (name of
child) was born on (date) ............, ...... at
.................... Hospital in ................ County,
State of .............. .
2. I reside at ......................, County of
............. and State of ............. .
3. I, ..........................., am .... years
old.
4. I enter my appearance in this action to adopt my
child by the person or persons specified herein by me and
waive service of summons on me in this action only.
5. I consent to the adoption of my child by
............................. (specified person or
persons) only.
6. I wish to sign this consent and I understand
that by signing this consent I irrevocably and
permanently give up all parental rights I have to my
child if my child is adopted by
............................. (specified person or
persons).
7. I understand my child will be adopted by
............................. (specified person or
persons) only and that I cannot under any circumstances,
after signing this document, change my mind and revoke or
cancel this consent or obtain or recover custody or any
other rights over my child if
............................ (specified person or
persons) adopt my child.
8. I understand that this consent to adoption is
valid only if the petition to adopt is filed within one
year from the date that I sign it and that if
....................... (specified person or persons),
for any reason, cannot or will not file a petition to
adopt my child within that one year period or if their
adoption petition is denied, then this consent will be
void. I have the right to notice of any other proceeding
that could affect my parental rights, except for the
proceeding for ............. (specified person or
persons) to adopt my child.
9. I have read and understand the above and I am
signing it as my free and voluntary act.
Dated this ..... day of ....., .......
.............................................
Signature of parent
(3) If the parent consents to an adoption by 2 specified
persons, then the form shall contain 2 additional paragraphs
in substantially the following form:
10. If ............... (specified persons) get a
divorce before the petition to adopt my child is granted,
then .......... (specified person) shall adopt my child.
I understand that I cannot change my mind and revoke this
consent or obtain or recover custody over my child if
............. (specified persons) divorce and
............. (specified person) adopts my child. I
understand that I cannot change my mind and revoke this
consent or obtain or recover custody over my child if
................. (specified persons) divorce after the
adoption is final. I understand that this consent to
adoption has no effect on who will get custody of my
child if they divorce after the adoption is final.
11. I understand that if either ...............
(specified persons) dies before the petition to adopt my
child is granted, then the surviving person can adopt my
child. I understand that I cannot change my mind and
revoke this consent or obtain or recover custody over my
child if the surviving person adopts my child.
A consent to adoption by specified persons on this form
shall have no effect on a court's determination of custody or
visitation under the Illinois Marriage and Dissolution of
Marriage Act if the marriage of the specified persons is
dissolved after the adoption is final.
(4) The form of the certificate of acknowledgement for a
Final and Irrevocable Consent for Adoption by a Specified
Person or Persons shall be substantially as follows:
STATE OF..............)
) SS.
COUNTY OF.............)
I, .................... (Name of Judge or other person),
..................... (official title, name, and address),
certify that ............., personally known to me to be the
same person whose name is subscribed to the foregoing Final
and Irrevocable Consent for Adoption by a Specified Person or
Persons, appeared before me this day in person and
acknowledged that (she)(he) signed and delivered the consent
as (her)(his) free and voluntary act, for the specified
purpose.
I have fully explained that this consent to adoption is
valid only if the petition to adopt is filed within one year
from the date that it is signed, and that if the specified
person or persons, for any reason, cannot or will not adopt
the child or if the adoption petition is denied, then this
consent will be void. I have fully explained that if the
specified person or persons adopt the child, by signing this
consent (she)(he) is irrevocably and permanently
relinquishing all parental rights to the child, and (she)(he)
has stated that such is (her)(his) intention and desire.
Dated ............., ........
...............................
Signature
(5) If a consent to adoption by a specified person or
persons is executed in this form, the following provisions
shall apply. The consent shall be valid only if that
specified person or persons adopt the child. The consent
shall be void if:
(a) the specified person or persons do not file a
petition to adopt the child within one year after the
consent is signed; or
(b) a court denies the adoption petition; or
(c) the Department of Children and Family Services
Guardianship Administrator determines that the specified
person or persons will not or cannot complete the
adoption, or in the best interests of the child should
not adopt the child.
Within 30 days of the consent becoming void, the
Department of Children and Family Services Guardianship
Administrator shall make good faith attempts to notify the
parent in writing and shall give written notice to the court
and all additional parties in writing that the adoption has
not occurred or will not occur and that the consent is void.
If the adoption by a specified person or persons does not
occur, no proceeding for termination of parental rights shall
be brought unless the biological parent who executed the
consent to adoption by a specified person or persons has been
notified of the proceeding pursuant to Section 7 of this Act
or subsection (4) of Section 2-13 of the Juvenile Court Act
of 1987. The parent shall not need to take further action to
revoke the consent if the specified adoption does not occur,
notwithstanding the provisions of Section 11 of this Act.
(6) The Department of Children and Family Services is
authorized to promulgate rules necessary to implement this
subsection O.
(7) The Department shall collect and maintain data
concerning the efficacy of specific consents. This data
shall include the number of specific consents executed and
their outcomes, including but not limited to the number of
children adopted pursuant to the consents, the number of
children for whom adoptions are not completed, and the reason
or reasons why the adoptions are not completed.
(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
P.A. 90-443); revised 12-18-97.)
(750 ILCS 50/20) (from Ch. 40, par. 1524)
Sec. 20. Practice. The provisions of the Civil Practice
Law and all existing and future amendments of that Law and
the Supreme Court Rules now or hereafter adopted in relation
to that Law shall apply to all adoption proceedings except as
otherwise specifically provided in this Act.
Proceedings under this Act shall receive priority over
other civil cases in being set for hearing.
No matters not germane to the distinctive purpose of a
proceeding under this Act shall be introduced by joinder,
counterclaim or otherwise.
An appeal from a judgment order for adoption or other
appealable orders under this Act shall be prosecuted and
heard on an expedited basis, unless good cause for doing
otherwise is shown.
In the event a judgment order for adoption is vacated or
a petition for adoption is denied, the court shall promptly
conduct a hearing as to the temporary and permanent custody
of the minor child who is the subject of the proceedings
pursuant to Part VI of the Illinois Marriage and Dissolution
of Marriage Act. The parties to said proceedings shall be
the petitioners to the adoption proceedings, the minor child,
any biological parents whose parental rights have not been
terminated, and other parties who have been granted leave to
intervene in the proceedings.
This Act shall be liberally construed, and the rule that
statutes in derogation of the common law must be strictly
construed shall not apply to this Act.
All defects in pleadings, either in form or substance,
not objected to 45 prior to the entry of final judgment,
shall be deemed to be waived.
As to persons over whom the court had jurisdiction or
persons claiming under them, it shall be no basis for attack
as to the validity of an adoption judgment that the court
lacked jurisdiction over some other person or persons over
whom it should have had jurisdiction. If, upon attack by a
person or persons over whom the court lacked jurisdiction, or
persons claiming under them, an adoption judgment is set
aside, it shall be set aside only insofar as it affects such
person or persons.
The provisions of this Section shall apply to all cases
pending on or after July 3, 1994.
(Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96;
revised 12-18-97.)
Section 175. The Probate Act of 1975 is amended by
changing Section 9-3 as follows:
(755 ILCS 5/9-3) (from Ch. 110 1/2, par. 9-3)
Sec. 9-3. Persons entitled to preference in obtaining
letters. The following persons are entitled to preference in
the following order in obtaining the issuance of letters of
administration and of administration with the will annexed:
(a) The surviving spouse or any person nominated by the
surviving spouse.
(b) The legatees or any person nominated by them, with
preference to legatees who are children.
(c) The children or any person nominated by them.
(d) The grandchildren or any person nominated by them.
(e) The parents or any person nominated by them.
(f) The brothers and sisters or any person nominated by
them.
(g) The nearest kindred or any person nominated by them.
(h) The representative of the estate of a deceased ward.
(i) The Public Administrator.
(j) A creditor of the estate.
Only a person qualified to act as administrator under
this Act may nominate, except that the guardian of the
estate, if any, otherwise the guardian of the person, of a
person who is not qualified to act as administrator solely
because of minority or legal disability may nominate on
behalf of the minor or disabled person in accordance with the
order of preference set forth in this Section. A person who
has been removed as representative under this Act loses his
or her the right to name his or her a successor.
When several persons are claiming and are equally
entitled to administer or to nominate an administrator, the
court may grant letters to one or more of them or to the
nominee of one or more of them.
(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97;
revised 10-20-97.)
Section 176. The Health Care Surrogate Act is amended by
changing Section 10 as follows:
(755 ILCS 40/10) (from Ch. 110 1/2, par. 851-10)
Sec. 10. Definitions.
"Adult" means a person who is (i) 18 years of age or
older or (ii) an emancipated minor under the Emancipation of
Mature Minors Act.
"Artificial nutrition and hydration" means supplying food
and water through a conduit, such as a tube or intravenous
line, where the recipient is not required to chew or swallow
voluntarily, including, but not limited to, nasogastric
tubes, gastrostomies, jejunostomies, and intravenous
infusions. Artificial nutrition and hydration does not
include assisted feeding, such as spoon or bottle feeding.
"Available" means that a person is not "unavailable". A
person is unavailable if (i) the person's existence is not
known, (ii) the person has not been able to be contacted by
telephone or mail, or (iii) the person lacks decisional
capacity, refuses to accept the office of surrogate, or is
unwilling to respond in a manner that indicates a choice
among the treatment matters at issue.
"Attending physician" means the physician selected by or
assigned to the patient who has primary responsibility for
treatment and care of the patient and who is a licensed
physician in Illinois. If more than one physician shares
that responsibility, any of those physicians may act as the
attending physician under this Act.
"Close friend" means any person 18 years of age or older
who has exhibited special care and concern for the patient
and who presents an affidavit to the attending physician
stating that he or she (i) is a close friend of the patient,
(ii) is willing and able to become involved in the patient's
health care, and (iii) has maintained such regular contact
with the patient as to be familiar with the patient's
activities, health, and religious and moral beliefs. The
affidavit must also state facts and circumstances that
demonstrate that familiarity.
"Death" means when, according to accepted medical
standards, there is (i) an irreversible cessation of
circulatory and respiratory functions or (ii) an irreversible
cessation of all functions of the entire brain, including the
brain stem.
"Decisional capacity" means the ability to understand and
appreciate the nature and consequences of a decision
regarding medical treatment or forgoing life-sustaining
treatment and the ability to reach and communicate an
informed decision in the matter as determined by the
attending physician.
"Forgo life-sustaining treatment" means to withhold,
withdraw, or terminate all or any portion of life-sustaining
treatment with knowledge that the patient's death is likely
to result.
"Guardian" means a court appointed guardian of the person
who serves as a representative of a minor or as a
representative of a person under legal disability.
"Health care facility" means a type of health care
provider commonly known by a wide variety of titles,
including but not limited to, hospitals, medical centers,
nursing homes, rehabilitation centers, long term or tertiary
care facilities, and other facilities established to
administer health care and provide overnight stays in their
ordinary course of business or practice.
"Health care provider" means a person that is licensed,
certified, or otherwise authorized or permitted by the law of
this State to administer health care in the ordinary course
of business or practice of a profession, including, but not
limited to, physicians, nurses, health care facilities, and
any employee, officer, director, agent, or person under
contract with such a person.
"Imminent" (as in "death is imminent") means a
determination made by the attending physician according to
accepted medical standards that death will occur in a
relatively short period of time, even if life-sustaining
treatment is initiated or continued.
"Life-sustaining treatment" means any medical treatment,
procedure, or intervention that, in the judgment of the
attending physician, when applied to a patient with a
qualifying condition, would not be effective to remove the
qualifying condition or would serve only to prolong the dying
process. Those procedures can include, but are not limited
to, assisted ventilation, renal dialysis, surgical
procedures, blood transfusions, and the administration of
drugs, antibiotics, and artificial nutrition and hydration.
"Minor" means an individual who is not an adult as
defined in this Act.
"Parent" means a person who is the natural or adoptive
mother or father of the child and whose parental rights have
not been terminated by a court of law.
"Patient" means an adult or minor individual, unless
otherwise specified, under the care or treatment of a
licensed physician or other health care provider.
"Person" means an individual, a corporation, a business
trust, a trust, a partnership, an association, a government,
a governmental subdivision or agency, or any other legal
entity.
"Qualifying condition" means the existence of one or more
of the following conditions in a patient certified in writing
in the patient's medical record by the attending physician
and by at least one other qualified physician:
(1) "Terminal condition" means an illness or injury
for which there is no reasonable prospect of cure or
recovery, death is imminent, and the application of
life-sustaining treatment would only prolong the dying
process.
(2) "Permanent unconsciousness" means a condition
that, to a high degree of medical certainty, (i) will
last permanently, without improvement, (ii) in which
thought, sensation, purposeful action, social
interaction, and awareness of self and environment are
absent, and (iii) for which initiating or continuing
life-sustaining treatment, in light of the patient's
medical condition, provides only minimal medical benefit.
(3) "Incurable or irreversible condition" means an
illness or injury (i) for which there is no reasonable
prospect of cure or recovery, (ii) that ultimately will
cause the patient's death even if life-sustaining
treatment is initiated or continued, (iii) that imposes
severe pain or otherwise imposes an inhumane burden on
the patient, and (iv) for which initiating or continuing
life-sustaining treatment, in light of the patient's
medical condition, provides only minimal medical benefit.
The determination that a patient has a qualifying
condition creates no presumption regarding the application or
non-application of life-sustaining treatment. It is only
after a determination by the attending physician that the
patient has a qualifying condition that the surrogate
decision maker may consider whether or not to forgo
life-sustaining treatment. In making this decision, the
surrogate shall weigh the burdens on the patient of
initiating or continuing life-sustaining treatment against
the benefits of that treatment.
"Qualified physician" means a physician licensed to
practice medicine in all of its branches in Illinois who has
personally examined the patient.
"Surrogate decision maker" means an adult individual or
individuals who (i) have decisional capacity, (ii) are
available upon reasonable inquiry, (iii) are willing to make
medical treatment decisions on behalf of a patient who lacks
decisional capacity, and (iv) are identified by the attending
physician in accordance with the provisions of this Act as
the person or persons who are to make those decisions in
accordance with the provisions of this Act.
(Source: P.A. 90-246, eff. 1-1-98; 90-538, eff. 12-1-97;
revised 1-6-98.)
Section 177. The Mental Health Treatment Preference
Declaration Act is amended by changing Section 75 as follows:
(755 ILCS 43/75)
Sec. 75. Form of declaration. A declaration for mental
health treatment shall be in substantially the following
form:
DECLARATION FOR MENTAL HEALTH TREATMENT
I ................., being an adult of sound mind,
willfully and voluntarily make this declaration for mental
health treatment to be followed if it is determined by 2
physicians or the court that my ability to receive and
evaluate information effectively or communicate decisions is
impaired to such an extent that I lack the capacity to refuse
or consent to mental health treatment. "Mental health
treatment" means electroconvulsive treatment, treatment of
mental illness with psychotropic medication, and admission to
and retention in a health care facility for a period up to 17
days.
I understand that I may become incapable of giving or
withholding informed consent for mental health treatment due
to the symptoms of a diagnosed mental disorder. These
symptoms may include:
.............................................................
.............................................................
PSYCHOTROPIC MEDICATIONS
If I become incapable of giving or withholding informed
consent for mental health treatment, my wishes regarding
psychotropic medications are as follows:
........ I consent to the administration of the following
medications:
.............................................................
....... I do not consent to the administration of the
following medications:
-------------------------------------------------------------
Conditions or limitations:...................................
.............................................................
.............................................................
ELECTROCONVULSIVE TREATMENT
If I become incapable of giving or withholding informed
consent for mental health treatment, my wishes regarding
electroconvulsive treatment are as follows:
........ I consent to the administration of electroconvulsive
treatment.
........ I do not consent to the administration of
electroconvulsive treatment.
Conditions or limitations:...................................
.............................................................
.............................................................
ADMISSION TO AND RETENTION IN FACILITY
If I become incapable of giving or withholding informed
consent for mental health treatment, my wishes regarding
admission to and retention in a health care facility for
mental health treatment are as follows:
.......... I consent to being admitted to a health care
facility for mental health treatment.
......... I do not consent to being admitted to a health care
facility for mental health treatment.
This directive cannot, by law, provide consent to retain me
in a facility for more than 17 days.
Conditions or limitations:...................................
.............................................................
.............................................................
SELECTION OF PHYSICIAN
(OPTIONAL)
If it becomes necessary to determine if I have become
incapable of giving or withholding informed consent for
mental health treatment, I choose Dr. ..........
............. of ................... to be one of the 2
physicians who will determine whether I am incapable. If
that physician is unavailable, that physician's designee
shall determine whether I am incapable.
ADDITIONAL REFERENCES OR INSTRUCTIONS
.............................................................
.............................................................
.............................................................
Conditions or limitations:...................................
.............................................................
ATTORNEY-IN-FACT
I hereby appoint:
NAME ..................................
ADDRESS ...............................
TELEPHONE # ...........................
to act as my attorney-in-fact to make decisions regarding my
mental health treatment if I become incapable of giving or
withholding informed consent for that treatment.
If the person named above refuses or is unable to act on
my behalf, or if I revoke that person's authority to act as
my attorney-in-fact, I authorize the following person to act
as my attorney-in-fact:
NAME ................................
ADDRESS .............................
TELEPHONE # .........................
My attorney-in-fact is authorized to make decisions that
are consistent with the wishes I have expressed in this
declaration or, if not expressed, as are otherwise known to
my may attorney-in-fact. If my wishes are not expressed and
are not otherwise known by my attorney-in-fact, my
attorney-in-fact is to act in what he or she believes to be
my best interest.
.................................
(Signature of Principal/Date)
AFFIRMATION OF WITNESSES
We affirm that the principal is personally known to us,
that the principal signed or acknowledged the principal's
signature on this declaration for mental health treatment in
our presence, that the principal appears to be of sound mind
and not under duress, fraud or undue influence, that neither
of us is:
A person appointed as an attorney-in-fact by this
document;
The principal's attending physician or mental health
service provider or a relative of the physician or provider;
The owner, operator, or relative of an owner or operator
of a facility in which the principal is a patient or
resident; or
A person related to the principal by blood, marriage or
adoption.
Witnessed By:
.......................... ..........................
(Signature of Witness/Date) (Printed Name of Witness)
.......................... ...........................
(Signature of Witness/Date) (Printed Name of Witness)
ACCEPTANCE OF APPOINTMENT AS ATTORNEY-IN-FACT
I accept this appointment and agree to serve as
attorney-in-fact to make decisions about mental health
treatment for the principal. I understand that I have a duty
to act consistent with the desires of the principal as
expressed in this appointment. I understand that this
document gives me authority to make decisions about mental
health treatment only while the principal is incapable as
determined by a court or 2 physicians. I understand that the
principal may revoke this declaration in whole or in part at
any time and in any manner when the principal is not
incapable.
................................... .....................
(Signature of Attorney-in-fact/Date) (Printed Name)
................................... ......................
(Signature of Attorney-in-fact/Date) (Printed Name of Witness)
NOTICE TO PERSON MAKING A
DECLARATION FOR MENTAL HEALTH TREATMENT
This is an important legal document. It creates a
declaration for mental health treatment. Before signing this
document, you should know these important facts:
This document allows you to make decisions in advance
about 3 types of mental health treatment: psychotropic
medication, electroconvulsive therapy, and short-term (up to
17 days) admission to a treatment facility. The instructions
that you include in this declaration will be followed only if
2 physicians or the court believes that you are incapable of
making treatment decisions. Otherwise, you will be
considered capable to give or withhold consent for the
treatments.
You may also appoint a person as your attorney-in-fact to
make these treatment decisions for you if you become
incapable. The person you appoint has a duty to act
consistent with your desires as stated in this document or,
if your desires are not stated or otherwise made known to the
attorney-in-fact, to act in a manner consistent with what the
person in good faith believes to be in your best interest.
For the appointment to be effective, the person you appoint
must accept the appointment in writing. The person also has
the right to withdraw from acting as your attorney-in-fact at
any time.
This document will continue in effect for a period of 3
years unless you become incapable of participating in mental
health treatment decisions. If this occurs, the directive
will continue in effect until you are no longer incapable.
You have the right to revoke this document in whole or in
part at any time you have been determined by a physician to
be capable of giving or withholding informed consent for
mental health treatment. A revocation is effective when it is
communicated to your attending physician in writing and is
signed by you and a physician. The revocation may be in a
form similar to the following:
REVOCATION
I, ........., willfully and voluntarily revoke my declaration
for mental health treatment as indicated
[ ] I revoke my entire declaration
[ ] I revoke the following portion of my declaration
.............................................................
.............................................................
.............................................................
.............................................................
Date ............... Signed ........................
(Signature of principal)
I, Dr. ..............., have evaluated the principal and
determined that he or she is capable of giving or withholding
informed consent for mental health treatment.
Date .............. ......................
(Signature of physician)
If there is anything in this document that you do not
understand, you should ask a lawyer to explain it to you.
This declaration will not be valid unless it is signed by 2
qualified witnesses who are personally known to you and who
are present when you sign or acknowledge your signature.
(Source: P.A. 89-439, eff. 6-1-96; revised 12-18-97.)
Section 178. The Illinois Power of Attorney Act is
amended by changing Section 2-1 as follows:
(755 ILCS 45/2-1) (from Ch. 110 1/2, par. 802-1)
Sec. 2-1. Purpose. The General Assembly recognizes that
each individual has the right to appoint an agent to deal
with property or make personal and health care decisions for
the individual but that this right cannot be fully effective
unless the principal may empower the agent to act throughout
the principal's lifetime, including during periods of
disability, and be sure that third parties will honor the
agent's authority at all times.
The General Assembly finds that in the light of modern
financial needs and advances in medical science, the
statutory recognition of this right of delegation in Illinois
needs to be restated to, among other things, expand its
application and the permissible scope of the agent's
authority, clarify the power of the individual to authorize
an agent to make financial and care decisions for the
individual and better protect health care personnel and other
third parties who rely in good faith on the agent so that
reliance will be assured. Nothing in this Act shall be
deemed to authorize or encourage euthanasia, suicide or any
action or course of action that violates the criminal law of
this State or the United States. Similarly, nothing in this
Act shall be deemed to authorize or encourage any violation
of a civil right expressed in the Constitution, statutes,
case law and administrative rulings of this State (including,
without limitation, the right of conscience respected and
protected by the Health Care "Right of Conscience Act", as
now or hereafter amended) or the United States or any action
or course of action that violates the public policy expressed
in the Constitution, statutes, case law and administrative
rulings of this State or the United States.
(Source: P.A. 85-1395; revised 10-17-97.)
Section 179. The Trusts and Dissolutions of Marriage Act
is amended by changing Section 1 as follows:
(760 ILCS 35/1) (from Ch. 148, par. 301)
Sec. 1. (a) Unless the governing instrument or the
judgment of judicial termination of marriage expressly
provides otherwise, judicial termination of the marriage of
the settlor of a trust revokes every provision which is
revocable by the settlor pertaining to the settlor's former
spouse in a trust instrument or amendment thereto executed by
the settlor before the entry of the judgment of judicial
termination of the settlor's marriage, and any such trust
shall be administered and construed as if the settlor's
former spouse had died upon entry of the judgment of judicial
termination of the settlor's marriage.
(b) A trustee who has no actual knowledge of a judgment
of judicial termination of the settlor's marriage, shall have
no liability for any action taken or omitted in good faith on
the assumption that the settlor is married. The preceding
sentence is intended to affect only the liability of the
trustee and shall not affect the disposition of beneficial
interests in any trust.
(c) "Trust" means a trust created by a nontestamentary
instrument executed after the effective date of this Act,
except that, unless in the governing instrument the
provisions of this Act are made applicable by specific
reference, the provisions of this Act do not apply to any (a)
land trust; (b) voting trust; (c) security instrument such as
a trust deed or mortgage; (d) liquidation trust; (e) escrow;
(f) instrument under which a nominee, custodian for property
or paying or receiving agent is appointed; or (g) a trust
created by a deposit arrangement in a bank or savings
institution, commonly known as "Totten Trust".
(d) The phrase "provisions pertaining to the settlor's
former spouse" includes, but is not limited to, every present
or future gift or interest or power of appointment given to
the settlor's former spouse or right of the settlor's former
spouse to serve in a fiduciary capacity.
(e) A provision is revocable by the settlor if the
settlor has the power at the time of the entry of the
judgment of judicial termination of the settlor's marriage to
revoke, modify or amend said provision, either alone along or
in conjunction with any other person or persons.
(f) "Judicial termination of marriage" includes, but is
not limited to, divorce, dissolution, annulment or
declaration of invalidity of marriage.
(Source: P.A. 82-428; revised 12-18-97.)
Section 180. The Cemetery Care Act is amended by
changing Section 9 as follows:
(760 ILCS 100/9) (from Ch. 21, par. 64.9)
Sec. 9. Application for license.
(a) Whenever a cemetery authority owning, operating,
controlling or managing a privately operated cemetery is
newly organized and such cemetery authority desires to be
licensed to accept the care funds authorized by Section 3 of
this Act, or whenever there is a sale or transfer of the
controlling interest of a licensed cemetery authority, it
shall make application for such license.
In the case of a sale or transfer of the controlling
interest of the cemetery authority, the prior license shall
remain in effect until the Comptroller issues a new license
to the newly-controlled cemetery authority as provided in
Section 15b. Upon issuance of the new license, the prior
license shall be deemed surrendered if the licensee has
agreed to the sale and transfer and has consented to the
surrender of the license. A sale or transfer of the
controlling interest of a cemetery authority to an immediate
family member is not considered a transfer of the controlling
interest for purposes of this Section.
(b) Applications for license shall be filed with the
Comptroller. Applications shall be in writing under oath,
signed by the applicant, and in the form furnished by the
Comptroller. A check or money order in the amount of $25,
payable to: Comptroller, State of Illinois, shall be
included. Each application shall contain the following:
(1) the full name and address (both of residence
and of place of business) of the applicant, if an
individual; of every member, if the applicant is a
partnership or association; of every officer, if the
applicant is a corporation, and of any party owning 10%
or more of the cemetery authority; and
(2) a detailed statement of the applicant's assets
and liabilities; and
(3) as to the name of each individual person listed
under (1) above, a detailed statement of each person's
business experience for the 10 years immediately
preceding the application; the present and previous
connection, if any, of each person with any other
cemetery or cemetery authority; whether each person has
ever been convicted of a felony or any misdemeanor of
which an essential element is fraud or has been involved
in any civil litigation in which a judgment has been
entered against him or her based on fraud; whether each
person is currently a defendant in any lawsuit in which
the complaint against the person is based upon fraud;
whether such person has failed to satisfy any enforceable
enforcible judgment entered by a court of competent
jurisdiction in any civil proceedings against such
individual; and
(4) the total amount in trust and now available
from sales of lots, graves, crypts or niches where part
of the sale price has been placed in trust; the amount of
money placed in the care funds of each applicant; the
amount set aside in care funds from the sale of lots,
graves, crypts and niches for the general care of the
cemetery and the amount available for that purpose; the
amount received in trust by special agreement for special
care and the amount available for that purpose; the
amount of principal applicable to trust funds received by
the applicant.
Such information shall be furnished whether the care
funds are held by the applicant as trustee or by an
independent trustee. If the funds are not held by the
applicant, the name of the independent trustee holding them
is also to be furnished by the applicant.
(c) Applications for license shall also be accompanied
by a fidelity bond issued by a bonding company or insurance
company authorized to do business in this State or by an
irrevocable, unconditional letter of credit issued by a bank
or trust company authorized to do business in the State of
Illinois, as approved by the State Comptroller, where such
care funds exceed the sum of $15,000. Such bond or letter of
credit shall run to the Comptroller and his or her successor
for the benefit of the care funds held by such cemetery
authority or by the trustee of the care funds of such
cemetery authority. Such bonds or letters of credit shall be
in an amount equal to 1/10 of such care funds. However, such
bond or letter of credit shall not be in an amount less than
$1,000; the first $15,000 of such care funds shall not be
considered in computing the amount of such bond or letter of
credit. No application shall be accepted by the Comptroller
unless accompanied by such bond or letter of credit.
Applications for license by newly organized cemetery
authorities after January 1, 1960 shall also be accompanied
by evidence of a minimum care fund deposit in an amount to be
determined as follows: if the number of inhabitants, either
in the county in which the cemetery is to be located or in
the area included within a 10 mile radius from the cemetery
if the number of inhabitants therein is greater, is 25,000 or
less the deposit shall be $7,500; if the number of
inhabitants is 25,001 to 50,000, the deposit shall be
$10,000; if the number of inhabitants is 50,001 to 125,000,
the deposit shall be $15,000; if the number of inhabitants is
over 125,000, the deposit shall be $25,000.
After an amount equal to and in addition to the required
minimum care fund deposit has been deposited in trust, the
cemetery authority may withhold 50% of all future care funds
until it has recovered the amount of the minimum care fund
deposit.
(d) The applicant shall have a permanent address and any
license issued pursuant to the application is valid only at
the address or at any new address approved by the
Comptroller.
(e) All bonds and bonding deposits made by any cemetery
authority may be returned to the cemetery authority or
cancelled as to care funds invested with an investment
company.
(Source: P.A. 88-477; 89-615, eff. 8-9-96; revised 7-11-97.)
Section 181. The Uniform Recognition of Acknowledgments
Act is amended by changing Section 7 as follows:
(765 ILCS 30/7) (from Ch. 30, par. 227)
Sec. 7. Short forms of acknowledgment.
(a) The forms of acknowledgment set forth in this
Section may be used and are sufficient for their respective
purposes under any law of this State, whether executed in
this State or any other State. The forms shall be known as
"Statutory Short Forms of Acknowledgment" and may be referred
to by that name. The authorization of the forms in this
Section does not preclude the use of other forms.
(1) For an individual acting in his own right:
State of ....
County of ....
The foregoing instrument was acknowledged before me this
(date) by (name of person acknowledged.)
(Signature of person taking acknowledgment)
(Title or rank)
(Serial number, if any)
(2) For a corporation:
State of ....
County of ....
The foregoing instrument was acknowledged before me this
(date) by (name of officer or agent, title of officer or
agent) of (name of corporation acknowledging) a (state or
place of incorporation) corporation, on behalf of the
corporation.
(Signature of person taking acknowledgment)
(Title or rank)
(Serial number, if any)
(3) For a partnership:
State of ....
County of ....
The foregoing instrument was acknowledged before me this
(date) by (name of acknowledging partner or agent), partner
(or agent) on behalf of (name of partnership), a partnership.
(Signature of person taking acknowledgment)
(Title or rank)
(Serial number, if any)
(4) For an individual acting as principal by an attorney
in fact:
State of ....
County of ....
The foregoing instrument was acknowledged before me this
(date) by (name of attorney in fact) as attorney in fact on
behalf of (name of principal).
(Signature of person taking acknowledgment)
(Title or rank)
(Serial number, if any)
(5) By any public officer, trustee, or personal
representative:
State of ....
County of ....
The foregoing instrument was acknowledged before me this
(date) by (name and title of position).
(Signature of person taking acknowledgment)
(Title or rank)
(Serial number, if any)
(b) This amendatory Act of 1981 (P.A. 82-450) is to
clarify that any uses of the short form of acknowledgment as
herein provided within the State of Illinois prior to the
effective date of this amendatory Act have been valid.
(Source: P.A. 82-450; revised 12-18-97.)
Section 182. The Destroyed Public Records Act is amended
by changing Section 11 as follows:
(765 ILCS 45/11) (from Ch. 116, par. 15)
Sec. 11. It is lawful for any person claiming title to
any lands in such county at the time of the destruction of
such records, and for all claiming under any such person, to
file a petition in the the circuit court in such county,
praying for a judgment establishing and confirming his title.
Any number of parcels of land may be included in one
petition, or separate petitions may be filed, as the
petitioner may elect.
The petition shall state clearly the description of the
lands, the character and extent of the estate claimed by the
petitioner, and from whom, and when, and by what mode he
derived his title thereto. It shall give the names of all
persons owning or claiming any estate in fee in the lands, or
any part thereof, and also all persons who shall be in
possession of the land, or any part thereof, and also all
persons to whom any such lands shall have been conveyed, and
the deed or deeds of such conveyance which have been recorded
in the office of the recorder of such county, since the time
of the destruction of such records as provided for in this
Act, and prior to the time of the filing of the petition, and
their residences, so far as the same are known to petitioner;
and if no such persons are known to petitioner it shall be so
stated in the petition.
All persons so named in the petition shall be made
defendants, and shall be notified of the action by summons,
if residents of this State, in the same manner as is now or
may hereafter be required in civil proceedings by the laws of
this State;: provided, that the notice specified in Section
12 of this Act is the only publication notice required,
either in case of residents, non-residents or otherwise. All
other persons shall be deemed and taken as defendants by the
name or designation of "all whom it may concern"."
The petition shall be verified by the affidavit of the
petitioner, or by the agent of petitioner; and a party so
swearing falsely is guilty of perjury and shall be punished
accordingly, and is liable in damages to any person injured
by such false statement, to be recovered in a civil action in
the circuit court.
(Source: P.A. 83-358, revised 7-11-97.)
Section 183. The Responsible Property Transfer Act of
1988 is amended by changing Section 5 as follows:
(765 ILCS 90/5) (from Ch. 30, par. 905)
Sec. 5. Form and content of Disclosure Document.
(a) The disclosure document required under Section 4 of
this Act shall consist of the following form:
ENVIRONMENTAL DISCLOSURE DOCUMENT
FOR TRANSFER OF REAL PROPERTY
-------------------------------------------------------------
For Use By County
Recorder's Office
The following information is County
provided pursuant to the Date
Responsible Property Doc. No.
Transfer Act of 1988 Vol.
Seller:....................... Page
Buyer:........................ Rec'd by:
Document No.:.................
I. PROPERTY IDENTIFICATION:
A. Address of property:.................................
Street City or Village Township
Permanent Real Estate Index No.:.....................
B. Legal Description:
Section..........Township..........Range...........
Enter or attach current legal description in
this area:
Prepared by:................ Return to:................
name name
................ ................
address address
-------------------------------------------------------------
LIABILITY DISCLOSURE
Transferors and transferees of real property are advised
that their ownership or other control of such property may
render them liable for any environmental clean-up costs
whether or not they caused or contributed to the presence of
environmental problems associated with the property.
C. Property Characteristics:
Lot Size.................. Acreage..................
Check all types of improvement and
uses that pertain to the property:
...... Apartment building (6 units or less)
...... Commercial apartment (over 6 units)
...... Store, office, commercial building
...... Industrial building
...... Farm, with buildings
...... Other (specify)
II. NATURE OF TRANSFER:
Yes No
A. (1) Is this a transfer by deed or
other instrument of conveyance? .... ....
(2) Is this a transfer by assignment
of over 25% of beneficial interest
of an Illinois land trust? .... ....
(3) A lease exceeding a term of
40 years? .... ....
(4) A mortgage or collateral
assignment of beneficial
interest? .... ....
B. (1) Identify Transferor:
........................................................
Name and Current Address of Transferor
.......................................................
Name and Address of Trustee if this is a Trust No.
transfer of beneficial interest of a land trust.
(2) Identify person who has completed this form on
behalf of the Transferor and who has knowledge of the
information contained in this form:
.......................................................
Name, Position (if any), and address Telephone No.
C. Identify Transferee:
........................................................
Name and Current Address of Transferee
III. NOTIFICATION
Under the Illinois Environmental Protection Act, owners
of real property may be held liable for costs related to the
release of hazardous substances.
1. Section 22.2(f) of the Act states in part:
"Notwithstanding any other provision or rule of law, and
subject only to the defenses set forth in subsection (j) of
this Section, the following persons shall be liable for all
costs of removal or remedial action incurred by the State of
Illinois or any unit of local government as a result of a
release or substantial threat of a release of a hazardous
substance or pesticide:
(1) the owner and operator of a facility or vessel
from which there is a release or substantial threat of
release of a hazardous substance or pesticide;
(2) any person who at the time of disposal,
transport, storage or treatment of a hazardous substance
or pesticide owned or operated the facility or vessel
used for such disposal, transport, treatment or storage
from which there was a release or substantial threat of a
release of any such hazardous substance or pesticide;
(3) any person who by contract, agreement, or
otherwise has arranged with another party or entity for
transport, storage, disposal or treatment of hazardous
substances or pesticides owned, controlled or possessed
by such person at a facility owned or operated by another
party or entity from which facility there is a release or
substantial threat of a release of such hazardous
substances or pesticides; and
(4) any person who accepts or accepted any
hazardous substances or pesticides for transport to
disposal, storage or treatment facilities or sites from
which there is a release or a substantial threat of a
release of a hazardous substance or pesticide."
2. Section 4(q) of the Act states:
"The Agency shall have the authority to provide notice to
any person who may be liable pursuant to Section 22.2(f) of
this Act for a release or a substantial threat of a release
of a hazardous substance or pesticide. Such notice shall
include the identified response action and an opportunity for
such person to perform the response action."
3. Section 22.2(k) of the Act states in part:
"If any person who is liable for a release or substantial
threat of release of a hazardous substance or pesticide fails
without sufficient cause to provide removal or remedial
action upon or in accordance with a notice and request by the
Agency or upon or in accordance with any order of the Board
or any court, such person may be liable to the State for
punitive damages in an amount at least equal to, and not more
than 3 times, the amount of any costs incurred by the State
of Illinois as a result of such failure to take such removal
or remedial action. The punitive damages damage imposed by
the Board shall be in addition to any costs recovered from
such person pursuant to this Section and in addition to any
other penalty or relief provided by this Act or any other
law."
4. Section 57.12(a) 22.18(a) of the Act states in part:
"Notwithstanding any other provision or rule of law,
except as provided otherwise in subsection (b), the owner or
operator, or both, of an underground storage tank shall be
liable for all costs of investigation, preventive action,
corrective action and enforcement action incurred by the
State of Illinois resulting as a result of a release or a
substantial threat of release of petroleum from an
underground storage tank."
5. The text of the statutes set out above is subject to
change by amendment. Persons using this form may update it
to reflect changes in the text of the statutes cited, but no
disclosure statement shall be invalid merely because it sets
forth an obsolete or superseded version of such text.
IV. ENVIRONMENTAL INFORMATION
Regulatory Information During Current Ownership
1. Has the transferor ever conducted operations on the
property which involved the generation, manufacture,
processing, transportation, treatment, storage or handling of
"hazardous substances", as defined by the Illinois
Environmental Protection Act? This question shall not be
applicable for consumer goods stored or handled by a retailer
in the same form, approximate amount, concentration and
manner as they are sold to consumers, provided that such
retailer does not engage in any commercial mixing (other than
paint mixing or tinting of consumer sized containers),
finishing, refinishing, servicing, or cleaning operations on
the property.
Yes ......
No ......
2. Has the transferor ever conducted operations on the
property which involved the processing, storage or handling
of petroleum, other than that which was associated directly
with the transferor's vehicle usage?
Yes ......
No ......
3. Has the transferor ever conducted operations on the
property which involved the generation, transportation,
storage, treatment or disposal of "hazardous or special
wastes", as defined by the federal Resource Conservation and
Recovery Act and the Illinois Environmental Protection Act?
Yes ......
No ......
4. Are there any of the following specific units
(operating or closed) at the property which are or were used
by the transferor to manage waste, hazardous wastes,
hazardous substances or petroleum?
YES NO
Landfill ...... ......
Surface Impoundment ...... ......
Land Treatment ...... ......
Waste Pile ...... ......
Incinerator ...... ......
Storage Tank (Above Ground) ...... ......
Storage Tank (Underground) ...... ......
Container Storage Area ...... ......
Injection Wells ...... ......
Wastewater Treatment Units ...... ......
Septic Tanks ...... ......
Transfer Stations ...... ......
Waste Recycling Operations ...... ......
Waste Treatment Detoxification ...... ......
Other Land Disposal Area ...... ......
If there are "YES" answers to any of the above items and
the transfer is other than a mortgage or collateral
assignment of beneficial interest, attach a site plan which
identifies the location of each unit, such site plan to be
filed with the Environmental Protection Agency along with
this disclosure document.
5. Has the transferor ever held any of the following in
regard to this real property?
a. Permits for discharges of Yes ......
wastewater to waters of the State. No ......
b. Permits for emissions to Yes ......
the atmosphere. No ......
c. Permits for any waste storage, Yes ......
waste treatment or waste disposal No ......
operation.
6. Has the transferor had any wastewater discharges
(other than sewage) to a publicly owned treatment works?
Yes ......
No ......
7. Has the transferor taken any of the following actions
relative to this property?
a. Prepared a Chemical Safety Yes ......
Contingency Plan pursuant to the No ......
Illinois Chemical Safety Act.
b. Filed an Emergency and Hazardous Yes ......
Chemical Inventory Form pursuant No ......
to the federal Emergency Planning
and Community Right-to-Know Act of
1986.
c. Filed a Toxic Chemical Release Form Yes ......
pursuant to the federal Emergency No ......
Planning and Community Right-to-
Know Act of 1986.
8. Has the transferor or any facility on the property or
the property been the subject of any of the following State
or federal governmental actions?
a. Written notification regarding Yes ......
known, suspected or alleged
contamination on or emanating No ......
from the property.
b. Filing an environmental enforcement Yes ......
case with a court or the Pollution
Control Board for which a final No ......
order or consent decree was entered.
c. If item b. was answered by checking Yes ......
Yes, then indicate whether or not
the final order or decree is still No ......
in effect for this property.
9. Environmental Releases During Transferor's Ownership
a. Has any situation occurred at this site which
resulted in a reportable "release" of any hazardous
substances or petroleum as required under State or federal
laws?
Yes ......
No .......
b. Have any hazardous substances or petroleum, which
were released, come into direct contact with the ground at
this site?
Yes ......
No ......
c. If the answers to questions (a) and (b) are Yes, have
any of the following actions or events been associated with a
release on the property?
.... Use of a cleanup contractor to remove or treat
materials including soils, pavement or other
surficial materials
.... Assignment of in-house maintenance staff to remove
or treat materials including soils, pavement or
other surficial materials
.... Designation, by the IEPA or the IEMA, of the
release as "significant" under the Illinois
Chemical Safety Act
.... Sampling and analysis of soils
.... Temporary or more long-term monitoring of
groundwater at or near the site
.... Impaired usage of an on-site or nearby water well
because of offensive characteristics of the water
.... Coping with fumes from subsurface storm drains
or inside basements, etc.
.... Signs of substances leaching out of the ground
along the base of slopes or at other low points
on or immediately adjacent to the site
10. Is the facility currently operating under a variance
granted by the Illinois Pollution Control Board?
Yes ......
No ......
11. Is there any explanation needed for clarification of
any of the above answers or responses?
.............................................................
.............................................................
.............................................................
.............................................................
B. SITE INFORMATION UNDER OTHER OWNERSHIP OR OPERATION
1. Provide the following information about the previous
owner or any entity or person the transferor leased the site
to or otherwise contracted with for the management of the
site or real property:
Name: ......................................
......................................
Type of business/ ...............................
or property usage ...............................
...............................
2. If the transferor has knowledge, indicate whether the
following existed under prior ownerships, leaseholds granted
by the transferor, other contracts for management or use of
the facilities or real property:
YES NO
Landfill ...... ......
Surface Impoundment ...... ......
Land Treatment ...... ......
Waste Pile ...... ......
Incinerator ...... ......
Storage Tank (Above Ground) ...... ......
Storage Tank (Underground) ...... ......
Container Storage Area ...... ......
Injection Wells ...... ......
Wastewater Treatment Units ...... ......
Septic Tanks ...... ......
Transfer Stations ...... ......
Waste Recycling Operations ...... ......
Waste Treatment Detoxification ...... ......
Other Land Disposal Area ...... ......
V. CERTIFICATION
A. Based on my inquiry of those persons directly
responsible for gathering the information, I certify that the
information submitted is, to the best of my knowledge and
belief, true and accurate.
............................
signature
............................
type or print name
TRANSFEROR OR TRANSFERORS
(or on behalf of Transferor)
B. This form was delivered to me with all elements
completed on
............................ 19....
...........................
signature
...........................
type or print name
TRANSFEREE OR TRANSFEREES
(or on behalf of Transferee)
C. This form was delivered to me with all elements
completed on
............................ 19....
...........................
signature
.............................
type or print name
LENDER
(Source: P.A. 86-679; 87-168; revised 6-25-97.)
Section 184. The Condominium Property Act is amended by
changing Section 19 as follows:
(765 ILCS 605/19) (from Ch. 30, par. 319)
Sec. 19. Records of the association; availability for
examination.
(a) The board of managers of every association shall
keep and maintain the following records, or true and complete
copies of these records, at the association's principal
office:
(1) the association's declaration, bylaws, and
plats of survey, and all amendments of these;
(2) the rules and regulations of the association,
if any;
(3) if the association is incorporated as a
corporation, the articles of incorporation of the
association and all amendments to the articles of
incorporation;
(4) minutes of all meetings of the association and
its board of managers for the immediately preceding 7
years;
(5) all current policies of insurance of the
association;
(6) all contracts, leases, and other agreements
then in effect to which the association is a party or
under which the association or the unit owners have
obligations or liabilities;
(7) a current listing of the names, addresses, and
weighted vote of all members entitled to vote;
(8) ballots and proxies related to ballots for all
matters voted on by the members of the association during
the immediately preceding 12 months, including but not
limited to the election of members of the board of
managers; and
(9) the books and records of account for the
association's current and 10 immediately preceding fiscal
years, including but not limited to itemized and detailed
records of all receipts and expenditures.
(b) Any member of an association shall have the right to
inspect, examine, and make copies of the records described in
subdivisions (1), (2), (3), (4), and (5) of subsection (a) of
this Section, in person or by agent, at any reasonable time
or times, at the association's principal office. In order to
exercise this right, a member must submit a written request
to the association's board of managers or its authorized
agent, stating with particularity the records sought to be
examined. Failure of an association's board of managers to
make available all records so requested within 30 days of
receipt of the member's written request shall be deemed a
denial.
Any member who prevails in an enforcement action to
compel examination of records described in subdivisions (1),
(2), (3), (4), and (5) of subsection (a) of this Section
shall be entitled to recover reasonable attorney's fees and
costs from the association.
(c) (Blank).
(d) (Blank).
(e) Except as otherwise provided in subsection (g) (f)
of this Section, any member of an association shall have the
right to inspect, examine, and make copies of the records
described in subdivisions (6), (7), (8), and (9) of
subsection (a) of this Section, in person or by agent, at any
reasonable time or times but only for a proper purpose, at
the association's principal office. In order to exercise
this right, a member must submit a written request, to the
association's board of managers or its authorized agent,
stating with particularity the records sought to be examined
and a proper purpose for the request. Subject to the
provisions of subsection (g) (f) of this Section, failure of
an association's board of managers to make available all
records so requested within 30 business days of receipt of
the member's written request shall be deemed a denial;
provided, however, that the board of managers of an
association that has adopted a secret ballot election process
as provided in Section 18 of this Act shall not be deemed to
have denied a member's request for records described in
subdivision (8) of subsection (a) of this Section if voting
ballots, without identifying unit numbers, are made available
to the requesting member within 30 days of receipt of the
member's written request.
In an action to compel examination of records described
in subdivisions (6), (7), (8), and (9) of subsection (a) of
this Section, the burden of proof is upon the member to
establish that the member's request is based on a proper
purpose. Any member who prevails in an enforcement action to
compel examination of records described in subdivisions (6),
(7), (8), and (9) of subsection (a) of this Section shall be
entitled to recover reasonable attorney's fees and costs from
the association only if the court finds that the board of
directors acted in bad faith in denying the member's request.
(f) The actual cost to the association of retrieving and
making requested records available for inspection and
examination under this Section shall be charged by the
association to the requesting member. If a member requests
copies of records requested under this Section, the actual
costs to the association of reproducing the records shall
also be charged by the association to the requesting member.
(g) Notwithstanding the provisions of subsection (e) of
this Section, unless otherwise directed by court order, an
association need not make the following records available for
inspection, examination, or copying by its members:
(1) documents relating to appointment, employment,
discipline, or dismissal of association employees;
(2) documents relating to actions pending against
or on behalf of the association or its board of managers
in a court or administrative tribunal;
(3) documents relating to actions threatened
against, or likely to be asserted on behalf of, the
association or its board of managers in a court or
administrative tribunal;
(4) documents relating to common expenses or other
charges owed by a member other than the requesting
member; and
(5) documents provided to an association in
connection with the lease, sale, or other transfer of a
unit by a member other than the requesting member.
(h) The provisions of this Section are applicable to all
condominium instruments recorded under this Act. Any portion
of a condominium instrument that contains provisions contrary
to these provisions shall be void as against public policy
and ineffective. Any condominium instrument that fails to
contain the provisions required by this Section shall be
deemed to incorporate the provisions by operation of law.
(Source: P.A. 90-496, eff. 8-18-97; revised 1-24-98.)
Section 185. The Mobile Home Landlord and Tenant Rights
Act is amended by changing Section 11 as follows:
(765 ILCS 745/11) (from Ch. 80, par. 211)
Sec. 11. Provisions of mobile home park leases. Any
lease hereafter executed or currently existing between an
owner and tenant in a mobile home park in this State shall
also contain, or shall be made to contain, the following
covenants binding the owner at all times during the term of
the lease to:
(a) identify to each tenant prior to his occupancy
the lot area for which he will be responsible;
(b) keep all exterior property areas not in the
possession of a tenant, but part of the mobile home park
property, free from the species of weeds and plant growth
which are generally noxious or detrimental to the health
of the tenants;
(c) maintain all electrical, plumbing, gas or other
utilities provided by him in good working condition with
the exception of emergencies after which repairs must be
completed within a reasonable period of time;
(d) maintain all subsurface water and sewage lines
and connections in good working order;
(e) respect the privacy of the tenants and if only
the lot is rented, agree not to enter the mobile home
without the permission of the mobile home owner, and if
the mobile home is the property of the park owner, to
enter only after due notice to the tenant, provided, the
park owner or his representative may enter without notice
in emergencies;
(f) maintain all roads within the mobile home park
in good condition;
(g) include a statement of all services and
facilities which are to be provided by the park owner for
the tenant, e.g. lawn maintenance, snow removal, garbage
or solid waste disposal, recreation building, community
hall, swimming pool, golf course, laundromat, etc.;
(h) disclose the full names and addresses of all
individuals in whom all or part of the legal or equitable
title to the mobile home park is vested, or the name and
address of the owners' designated agent;
(i) provide a custodian's office and furnish each
tenant with the name, address and telephone number of the
custodian and designated office.
(Source: P.A. 86-322; revised 7-11-97.)
Section 186. The Unsealed Instrument Validation Act is
amended by changing the title of the Act and Section 1 as
follows:
(765 ILCS 1070/Act title)
An Act to render valid all conveyances or other
instruments affecting or relating to the title to real or
personal property within this State, and instruments or
writings relating to any obligation enforceable enforcible in
this State, that may have been heretofore or that shall
hereafter be executed without this State, to which a seal or
scroll is not affixed, and for other purposes relating
thereto.
(765 ILCS 1070/1) (from Ch. 30, par. 154)
Sec. 1. All conveyances, writings or other instruments,
whether a deed, mortgage, trust deed, lease, power or letter
of attorney, will, bond, contract, agreement, obligation or
other instrument of whatsoever kind, nature or character,
affecting or relating to the title to real or personal
property within this State, or of any power, duty, right or
trust thereof or therein, and also all instruments or
writings of whatsoever nature, kind or character enforceable
enforcible in this State, that may have been heretofore or
that shall hereafter be executed without this State, by any
party thereto, whether a resident of this State or not, to
which a seal or scroll to the signature is not affixed, and
where the usage or law of the State, district, territory,
colony, republic, kingdom, empire, dominion, dependency or
other place where such instrument is executed, in force at
the time, dispenses with or does not require a seal or scroll
to the signature of a party so executing the conveyance,
instrument or writing, for its validity as such, are hereby
validated, and shall be given the same force and effect as if
a seal or scroll had been duly affixed to the signature
thereto.
(Source: P.A. 84-551; revised 7-11-97.)
Section 187. The Business Corporation Act of 1983 is
amended by changing Section 1.80 as follows:
(805 ILCS 5/1.80) (from Ch. 32, par. 1.80)
Sec. 1.80. Definitions. As used in this Act, unless the
context otherwise requires, the words and phrases defined in
this Section shall have the meanings set forth herein.
(a) "Corporation" or "domestic corporation" means a
corporation subject to the provisions of this Act, except a
foreign corporation.
(b) "Foreign corporation" means a corporation for profit
organized under laws other than the laws of this State, but
shall not include a banking corporation organized under the
laws of another state or of the United States, a foreign
banking corporation organized under the laws of a country
other than the United States and holding a certificate of
authority from the Commissioner of Banks and Real Estate
issued pursuant to the Foreign Banking Office Act, or a
banking corporation holding a license from the Commissioner
of Banks and Real Estate issued pursuant to the Foreign Bank
Representative Office Act.
(c) "Articles of incorporation" means the original
articles of incorporation, including the articles of
incorporation of a new corporation set forth in the articles
of consolidation, and all amendments thereto, whether
evidenced by articles of amendment, articles of merger,
articles of exchange, statement of correction affecting
articles, resolution establishing series of shares or a
statement of cancellation under Section 9.05. Restated
articles of incorporation shall supersede the original
articles of incorporation and all amendments thereto prior to
the effective date of filing the articles of amendment
incorporating the restated articles of incorporation.
(d) "Subscriber" means one who subscribes for shares in
a corporation, whether before or after incorporation.
(e) "Incorporator" means one of the signers of the
original articles of incorporation.
(f) "Shares" means the units into which the proprietary
interests in a corporation are divided.
(g) "Shareholder" means one who is a holder of record of
shares in a corporation.
(h) "Certificate" representing shares means a written
instrument executed by the proper corporate officers, as
required by Section 6.35 of this Act, evidencing the fact
that the person therein named is the holder of record of the
share or shares therein described. If the corporation is
authorized to issue uncertificated shares in accordance with
Section 6.35 of this Act, any reference in this Act to shares
represented by a certificate shall also refer to
uncertificated shares and any reference to a certificate
representing shares shall also refer to the written notice in
lieu of a certificate provided for in Section 6.35.
(i) "Authorized shares" means the aggregate number of
shares of all classes which the corporation is authorized to
issue.
(j) "Paid-in capital" means the sum of the cash and
other consideration received, less expenses, including
commissions, paid or incurred by the corporation, in
connection with the issuance of shares, plus any cash and
other consideration contributed to the corporation by or on
behalf of its shareholders, plus amounts added or transferred
to paid-in capital by action of the board of directors or
shareholders pursuant to a share dividend, share split, or
otherwise, minus reductions as provided elsewhere in this
Act. Irrespective of the manner of designation thereof by
the laws under which a foreign corporation is or may be
organized, paid-in capital of a foreign corporation shall be
determined on the same basis and in the same manner as
paid-in capital of a domestic corporation, for the purpose of
computing license fees, franchise taxes and other charges
imposed by this Act.
(k) "Net assets", for the purpose of determining the
right of a corporation to purchase its own shares and of
determining the right of a corporation to declare and pay
dividends and make other distributions to shareholders is
equal to the difference between the assets of the corporation
and the liabilities of the corporation.
(l) "Registered office" means that office maintained by
the corporation in this State, the address of which is on
file in the office of the Secretary of State, at which any
process, notice or demand required or permitted by law may be
served upon the registered agent of the corporation.
(m) "Insolvent" means that a corporation is unable to
pay its debts as they become due in the usual course of its
business.
(n) "Anniversary" means that day each year exactly one
or more years after:
(1) the date on the certificate of incorporation
issued under Section 2.10 of this Act, in the case of a
domestic corporation;
(2) the date on the certificate of authority issued
under Section 13.15 of this Act, in the case of a foreign
corporation; or
(3) the date on the certificate of consolidation
issued under Section 11.25 of this Act in the case of a
consolidation, unless the plan of consolidation provides
for a delayed effective date, pursuant to Section 11.40.
(o) "Anniversary month" means the month in which the
anniversary of the corporation occurs.
(p) "Extended filing month" means the month (if any)
which shall have been established in lieu of the
corporation's anniversary month in accordance with Section
14.01.
(q) "Taxable year" means that 12 month period commencing
with the first day of the anniversary month of a corporation
through the last day of the month immediately preceding the
next occurrence of the anniversary month of the corporation,
except that in the case of a corporation that has established
an extended filing month "taxable year" means that 12 month
period commencing with the first day of the extended filing
month through the last day of the month immediately preceding
the next occurrence of the extended filing month.
(r) "Fiscal year" means the 12 month period with respect
to which a corporation ordinarily files its federal income
tax return.
(s) "Close corporation" means a corporation organized
under or electing to be subject to Article 2A of this Act,
the articles of incorporation of which contain the provisions
required by Section 2.10, and either the corporation's
articles of incorporation or an agreement entered into by all
of its shareholders provide that all of the issued shares of
each class shall be subject to one or more of the
restrictions on transfer set forth in Section 6.55 of this
Act.
(t) "Common shares" means shares which have no
preference over any other shares with respect to distribution
of assets on liquidation or with respect to payment of
dividends.
(u) "Delivered", for the purpose of determining if any
notice required by this Act is effective, means:
(1) transferred or presented to someone in person;
or
(2) deposited in the United States Mail addressed
to the person at his, her or its address as it appears on
the records of the corporation, with sufficient
first-class postage prepaid thereon.
(v) "Property" means gross assets including, without
limitation, all real, personal, tangible, and intangible
property.
(w) "Taxable period" means that 12-month period
commencing with the first day of the second month preceding
the corporation's anniversary month in the preceding year and
prior to the first day of the second month immediately
preceding its anniversary month in the current year, except
that, in the case of a corporation that has established an
extended filing month, "taxable period" means that 12-month
period ending with the last day of its fiscal year
immediately preceding the extended filing month. In the case
of a newly formed domestic corporation or a newly registered
foreign corporation that had not commenced transacting
business in this State prior to obtaining a certificate of
authority, "taxable period" means that period commencing with
the issuance of a certificate of incorporation or, in the
case of a foreign corporation, of a certificate of authority,
and prior to the first day of the second month immediately
preceding its anniversary month in the next succeeding year.
(x) "Treasury shares" mean (1) shares of a corporation
that have been issued, have been subsequently acquired by and
belong to the corporation, and have not been cancelled or
restored to the status of authorized but unissued shares and
(2) shares (i) declared and paid as a share dividend on the
shares referred to in clause (1) or this clause (2), or (ii)
issued in a share split of the shares referred to in clause
(1) or this clause (2). Treasury shares shall be deemed to
be "issued" shares but not "outstanding" shares. Treasury
shares may not be voted, directly or indirectly, at any
meeting or otherwise. Shares converted into or exchanged for
other shares of the corporation shall not be deemed to be
treasury shares.
(Source: P.A. 89-508, eff. 7-3-96; 90-301, eff. 8-1-97;
90-421, eff. 1-1-98; revised 10-30-97.)
Section 188. The Uniform Commercial Code is amended by
changing Section 4A-204 as follows:
(810 ILCS 5/4A-204) (from Ch. 26, par. 4A-204)
Sec. 4A-204. Refund of payment and duty of customer to
report with respect to an unauthorized authorized payment
order.
(a) If a receiving bank accepts a payment order issued in
the name of its customer as sender which is (i) not
authorized and not effective as the order of the customer
under Section 4A-202, or (ii) not enforceable, in whole or in
part, against the customer under Section 4A-203, the bank
shall refund any payment of the payment order received from
the customer to the extent the bank is not entitled to
enforce payment and shall pay interest on the refundable
amount calculated from the date the bank received payment to
the date of the refund. However, the customer is not
entitled to interest from the bank on the amount to be
refunded if the customer fails to exercise ordinary care to
determine that the order was not authorized by the customer
and to notify the bank of the relevant facts within a
reasonable time not exceeding 90 days after the date the
customer received notification from the bank that the order
was accepted or that the customer's account was debited with
respect to the order. The bank is not entitled to any
recovery from the customer on account of a failure by the
customer to give notification as stated in this Section.
(b) Reasonable time under subsection (a) may be fixed by
agreement as stated in Section 1-204(1), but the obligation
of a receiving bank to refund payment as stated in subsection
(a) may not otherwise be varied by agreement.
(Source: P.A. 86-1291; revised 12-18-97.)
Section 189. The Illinois Securities Law of 1953 is
amended by changing Sections 2.3 and 8 as follows:
(815 ILCS 5/2.3) (from Ch. 121 1/2, par. 137.2-3)
Sec. 2.3. "Person" means an individual, a corporation, a
partnership, an association, a joint stock company, a limited
liability company, a limited liability partnership, a trust
or any unincorporated organization. As used in this Section,
"trust" includes only a trust where the interest or interests
of the beneficiary or beneficiaries is a security.
(Source: P.A. 90-70, eff. 7-8-97; revised 8-13-97.)
(815 ILCS 5/8) (from Ch. 121 1/2, par. 137.8)
Sec. 8. Registration of dealers, limited Canadian
dealers, salespersons, investment advisers, and investment
adviser representatives.
A. Except as otherwise provided in this subsection A,
every dealer, limited Canadian dealer, salesperson,
investment adviser, and investment adviser representative
shall be registered as such with the Secretary of State. No
dealer or salesperson need be registered as such when
offering or selling securities in transactions believed in
good faith to be exempted by subsection A, B, C, D, E, G, H,
I, J, K, M, O, P, Q, R or S of Section 4 of this Act,
provided that such dealer or salesperson is not regularly
engaged in the business of offering or selling securities in
reliance upon the exemption set forth in subsection G or M of
Section 4 of this Act. No dealer, issuer or controlling
person shall employ a salesperson unless such salesperson is
registered as such with the Secretary of State or is employed
for the purpose of offering or selling securities solely in
transactions believed in good faith to be exempted by
subsection A, B, C, D, E, G, H, I, J, K, L, M, O, P, Q, R or
S of Section 4 of this Act; provided that such salesperson
need not be registered when effecting transactions in this
State limited to those transactions described in Section
15(h)(2) of the Federal 1934 Act or engaging in the offer or
sale of securities in respect of which he or she has
beneficial ownership and is a controlling person. The
Secretary of State may, by rule, regulation or order and
subject to such terms, conditions as fees as may be
prescribed in such rule, regulation or order, exempt from the
registration requirements of this Section 8 any investment
adviser, if the Secretary of State shall find that such
registration is not necessary in the public interest by
reason of the small number of clients or otherwise limited
character of operation of such investment adviser.
B. An application for registration as a dealer or
limited Canadian dealer, executed, verified, or authenticated
by or on behalf of the applicant, shall be filed with the
Secretary of State, in such form as the Secretary of State
may by rule, regulation or order prescribe, setting forth or
accompanied by:
(1) The name and address of the applicant, the
location of its principal business office and all branch
offices, if any, and the date of its organization;
(2) A statement of any other Federal or state
licenses or registrations which have been granted the
applicant and whether any such licenses or registrations
have ever been refused, cancelled, suspended, revoked or
withdrawn;
(3) The assets and all liabilities, including
contingent liabilities of the applicant, as of a date not
more than 60 days prior to the filing of the application;
(4) (a) A brief description of any civil or
criminal proceeding of which fraud is an essential
element pending against the applicant and whether the
applicant has ever been convicted of a felony, or of any
misdemeanor of which fraud is an essential element;
(b) A list setting forth the name, residence and
business address and a 10 year occupational statement of
each principal of the applicant and a statement
describing briefly any civil or criminal proceedings of
which fraud is an essential element pending against any
such principal and the facts concerning any conviction of
any such principal of a felony, or of any misdemeanor of
which fraud is an essential element;
(5) If the applicant is a corporation: a list of
its officers and directors setting forth the residence
and business address of each; a 10-year occupational
statement of each such officer or director; and a
statement describing briefly any civil or criminal
proceedings of which fraud is an essential element
pending against each such officer or director and the
facts concerning any conviction of any officer or
director of a felony, or of any misdemeanor of which
fraud is an essential element;
(6) If the applicant is a sole proprietorship, a
partnership, limited liability company, an unincorporated
association or any similar form of business organization:
the name, residence and business address of the
proprietor or of each partner, member, officer, director,
trustee or manager; the limitations, if any, of the
liability of each such individual; a 10-year occupational
statement of each such individual; a statement describing
briefly any civil or criminal proceedings of which fraud
is an essential element pending against each such
individual and the facts concerning any conviction of any
such individual of a felony, or of any misdemeanor of
which fraud is an essential element;
(7) Such additional information as the Secretary of
State may by rule or regulation prescribe as necessary to
determine the applicant's financial responsibility,
business repute and qualification to act as a dealer.
(8) (a) No applicant shall be registered or
re-registered as a dealer or limited Canadian dealer
under this Section unless and until each principal of the
dealer has passed an examination conducted by the
Secretary of State or a self-regulatory organization of
securities dealers or similar person, which examination
has been designated by the Secretary of State by rule,
regulation or order to be satisfactory for purposes of
determining whether the applicant has sufficient
knowledge of the securities business and laws relating
thereto to act as a registered dealer. Any dealer who was
registered on September 30, 1963, and has continued to be
so registered; and any principal of any registered
dealer, who was acting in such capacity on and
continuously since September 30, 1963; and any individual
who has previously passed a securities dealer examination
administered by the Secretary of State or any examination
designated by the Secretary of State to be satisfactory
for purposes of determining whether the applicant has
sufficient knowledge of the securities business and laws
relating thereto to act as a registered dealer by rule,
regulation or order, shall not be required to pass an
examination in order to continue to act in such capacity.
The Secretary of State may by order waive the examination
requirement for any principal of an applicant for
registration under this subsection B who has had such
experience or education relating to the securities
business as may be determined by the Secretary of State
to be the equivalent of such examination. Any request
for such a waiver shall be filed with the Secretary of
State in such form as may be prescribed by rule or
regulation.
(b) Unless an applicant is a member of the body
corporate known as the Securities Investor Protection
Corporation established pursuant to the Act of Congress
of the United States known as the Securities Investor
Protection Act of 1970, as amended, a member of an
association of dealers registered as a national
securities association pursuant to Section 15A of the
Federal 1934 Act, or a member of a self-regulatory
organization or stock exchange in Canada which the
Secretary of State has designated by rule or order, an
applicant shall not be registered or re-registered unless
and until there is filed with the Secretary of State
evidence that such applicant has in effect insurance or
other equivalent protection for each client's cash or
securities held by such applicant, and an undertaking
that such applicant will continually maintain such
insurance or other protection during the period of
registration or re-registration. Such insurance or other
protection shall be in a form and amount reasonably
prescribed by the Secretary of State by rule or
regulation.
(9) The application for the registration of a
dealer or limited Canadian dealer shall be accompanied
by a filing fee and a fee for each branch office in this
State, in each case in the amount established pursuant to
Section 11a of this Act, which fees shall not be
returnable in any event.
(10) The Secretary of State shall notify the dealer
or limited Canadian dealer by written notice (which may
be by electronic or facsimile transmission) of the
effectiveness of the registration as a dealer in this
State.
(11) Any change which renders no longer accurate
any information contained in any application for
registration or re-registration of a dealer or limited
Canadian dealer shall be reported to the Secretary of
State within 10 business days after the occurrence of
such change; but in respect to assets and liabilities
only materially adverse changes need be reported.
C. Any registered dealer, limited Canadian dealer,
issuer, or controlling person desiring to register a
salesperson shall file an application with the Secretary of
State, in such form as the Secretary of State may by rule or
regulation prescribe, which the salesperson is required by
this Section to provide to the dealer, issuer, or controlling
person, executed, verified, or authenticated by the
salesperson setting forth or accompanied by:
(1) The name, residence and business address of the
salesperson;
(2) Whether any federal or State license or
registration as dealer, limited Canadian dealer, or
salesperson has ever been refused the salesperson or
cancelled, suspended, revoked, or withdrawn;
(3) The nature of employment with, and names and
addresses of, employers of the salesperson for the 10
years immediately preceding the date of application;
(4) A brief description of any civil or criminal
proceedings of which fraud is an essential element
pending against the salesperson, and whether the
salesperson has ever been convicted of a felony, or of
any misdemeanor of which fraud is an essential element;
(5) Such additional information as the Secretary of
State may by rule, regulation or order prescribe as
necessary to determine the salesperson's business repute
and qualification to act as a salesperson; and
(6) No individual shall be registered or
re-registered as a salesperson under this Section unless
and until such individual has passed an examination
conducted by the Secretary of State or a self-regulatory
organization of securities dealers or similar person,
which examination has been designated by the Secretary of
State by rule, regulation or order to be satisfactory for
purposes of determining whether the applicant has
sufficient knowledge of the securities business and laws
relating thereto to act as a registered salesperson.
Any salesperson who was registered prior to
September 30, 1963, and has continued to be so
registered, and any individual who has passed a
securities salesperson examination administered by the
Secretary of State or an examination designated by the
Secretary of State by rule, regulation or order to be
satisfactory for purposes of determining whether the
applicant has sufficient knowledge of the securities
business and laws relating thereto to act as a registered
salesperson, shall not be required to pass an examination
in order to continue to act as a salesperson. The
Secretary of State may by order waive the examination
requirement for any applicant for registration under this
subsection C who has had such experience or education
relating to the securities business as may be determined
by the Secretary of State to be the equivalent of such
examination. Any request for such a waiver shall be
filed with the Secretary of State in such form as may be
prescribed by rule, regulation or order.
(7) The application for registration of a
salesperson shall be accompanied by a filing fee and a
Securities Audit and Enforcement Fund fee, each in the
amount established pursuant to Section 11a of this Act,
which shall not be returnable in any event.
(8) Any change which renders no longer accurate any
information contained in any application for registration
or re-registration as a salesperson shall be reported to
the Secretary of State within 10 business days after the
occurrence of such change. If the activities are
terminated which rendered an individual a salesperson for
the dealer, issuer or controlling person, the dealer,
issuer or controlling person, as the case may be, shall
notify the Secretary of State, in writing, within 30 days
of the salesperson's cessation of activities, using the
appropriate termination notice form.
(9) A registered salesperson may transfer his or
her registration under this Section 8 for the unexpired
term thereof from one registered dealer or limited
Canadian dealer to another by the giving of notice of the
transfer by the new registered dealer or limited Canadian
dealer to the Secretary of State in such form and subject
to such conditions as the Secretary of State shall by
rule or regulation prescribe. The new registered dealer
or limited Canadian dealer shall promptly file an
application for registration of such salesperson as
provided in this subsection C, accompanied by the filing
fee prescribed by paragraph (7) of this subsection C.
C-5. Except with respect to federal covered investment
advisers whose only clients are investment companies as
defined in the Federal 1940 Act, other investment advisers,
federal covered investment advisers, or any similar person
which the Secretary of State may prescribe by rule or order,
a federal covered investment adviser shall file with the
Secretary of State, prior to acting as a federal covered
investment adviser in this State, such documents as have been
filed with the Securities and Exchange Commission as the
Secretary of State by rule or order may prescribe. The
notification of a federal covered investment adviser shall be
accompanied by a notification filing fee established pursuant
to Section 11a of this Act, which shall not be returnable in
any event. Every person acting as a federal covered
investment adviser in this State shall file a notification
filing and pay an annual notification filing fee established
pursuant to Section 11a of this Act, which is not returnable
in any event. The failure to file any such notification
shall constitute a violation of subsection D of Section 12 of
this Act, subject to the penalties enumerated in Section 14
of this Act. Until October 10, 1999 or other date as may be
legally permissible, a federal covered investment adviser who
fails to file the notification or refuses to pay the fees as
required by this subsection shall register as an investment
adviser with the Secretary of State under Section 8 of this
Act. The civil remedies provided for in subsection A of
Section 13 of this Act and the civil remedies of rescission
and appointment of receiver, conservator, ancillary receiver,
or ancillary conservator provided for in subsection F of
Section 13 of this Act shall not be available against any
person by reason of the failure to file any such notification
or to pay the notification fee or on account of the contents
of any such notification.
D. An application for registration as an investment
adviser, executed, verified, or authenticated by or on behalf
of the applicant, shall be filed with the Secretary of State,
in such form as the Secretary of State may by rule or
regulation prescribe, setting forth or accompanied by:
(1) The name and form of organization under which
the investment adviser engages or intends to engage in
business; the state or country and date of its
organization; the location of the adviser's principal
business office and branch offices, if any; the names and
addresses of the adviser's principal, partners, officers,
directors, and persons performing similar functions or,
if the investment adviser is an individual, of the
individual; and the number of the adviser's employees who
perform investment advisory functions;
(2) The education, the business affiliations for
the past 10 years, and the present business affiliations
of the investment adviser and of the adviser's principal,
partners, officers, directors, and persons performing
similar functions and of any person controlling the
investment adviser;
(3) The nature of the business of the investment
adviser, including the manner of giving advice and
rendering analyses or reports;
(4) The nature and scope of the authority of the
investment adviser with respect to clients' funds and
accounts;
(5) The basis or bases upon which the investment
adviser is compensated;
(6) Whether the investment adviser or any
principal, partner, officer, director, person performing
similar functions or person controlling the investment
adviser (i) within 10 years of the filing of the
application has been convicted of a felony, or of any
misdemeanor of which fraud is an essential element, or
(ii) is permanently or temporarily enjoined by order or
judgment from acting as an investment adviser,
underwriter, dealer, principal or salesperson, or from
engaging in or continuing any conduct or practice in
connection with any such activity or in connection with
the purchase or sale of any security, and in each case
the facts relating to the conviction, order or judgment;
(7) (a) A statement as to whether the investment
adviser is engaged or is to engage primarily in the
business of rendering investment supervisory services;
and
(b) A statement that the investment adviser will
furnish his, her, or its clients with such information as
the Secretary of State deems necessary in the form
prescribed by the Secretary of State by rule or
regulation;
(8) Such additional information as the Secretary of
State may, by rule, regulation or order prescribe as
necessary to determine the applicant's financial
responsibility, business repute and qualification to act
as an investment adviser.
(9) No applicant shall be registered or
re-registered as an investment adviser under this Section
unless and until each principal of the applicant who is
actively engaged in the conduct and management of the
applicant's advisory business in this State has passed an
examination or completed an educational program conducted
by the Secretary of State or an association of investment
advisers or similar person, which examination or
educational program has been designated by the Secretary
of State by rule, regulation or order to be satisfactory
for purposes of determining whether the applicant has
sufficient knowledge of the securities business and laws
relating thereto to conduct the business of a registered
investment adviser.
Any person who was a registered investment adviser
prior to September 30, 1963, and has continued to be so
registered, and any individual who has passed an
investment adviser examination administered by the
Secretary of State, or passed an examination or completed
an educational program designated by the Secretary of
State by rule, regulation or order to be satisfactory for
purposes of determining whether the applicant has
sufficient knowledge of the securities business and laws
relating thereto to conduct the business of a registered
investment adviser, shall not be required to pass an
examination or complete an educational program in order
to continue to act as an investment adviser. The
Secretary of State may by order waive the examination or
educational program requirement for any applicant for
registration under this subsection D if the principal of
the applicant who is actively engaged in the conduct and
management of the applicant's advisory business in this
State has had such experience or education relating to
the securities business as may be determined by the
Secretary of State to be the equivalent of the
examination or educational program. Any request for a
waiver shall be filed with the Secretary of State in such
form as may be prescribed by rule or regulation.
(10) No applicant shall be registered or
re-registered as an investment adviser under this Section
8 unless the application for registration or
re-registration is accompanied by an application for
registration or re-registration for each person acting as
an investment adviser representative on behalf of the
adviser and a Securities Audit and Enforcement Fund fee
that shall not be returnable in any event is paid with
respect to each investment adviser representative.
(11) The application for registration of an
investment adviser shall be accompanied by a filing fee
and a fee for each branch office in this State, in each
case in the amount established pursuant to Section 11a of
this Act, which fees shall not be returnable in any
event.
(12) The Secretary of State shall notify the
investment adviser by written notice (which may be by
electronic or facsimile transmission) of the
effectiveness of the registration as an investment
adviser in this State.
(13) Any change which renders no longer accurate
any information contained in any application for
registration or re-registration of an investment adviser
shall be reported to the Secretary of State within 10
business days after the occurrence of the change. In
respect to assets and liabilities of an investment
adviser that retains custody of clients' cash or
securities or accepts pre-payment of fees in excess of
$500 per client and 6 or more months in advance only
materially adverse changes need be reported by written
notice (which may be by electronic or facsimile
transmission) no later than the close of business on the
second business day following the discovery thereof.
(14) Each application for registration as an
investment adviser shall become effective automatically
on the 45th day following the filing of the application,
required documents or information, and payment of the
required fee unless (i) the Secretary of State has
registered the investment adviser prior to that date or
(ii) an action with respect to the applicant is pending
under Section 11 of this Act.
D-5. A registered investment adviser or federal covered
investment adviser desiring to register an investment
adviser representative shall file an application with the
Secretary of State, in the form as the Secretary of State may
by rule or order prescribe, which the investment adviser
representative is required by this Section to provide to the
investment adviser, executed, verified, or authenticated by
the investment adviser representative and setting forth or
accompanied by:
(1) The name, residence, and business address of
the investment adviser representative;
(2) A statement whether any federal or state
license or registration as a dealer, salesperson,
investment adviser, or investment adviser representative
has ever been refused, canceled, suspended, revoked or
withdrawn;
(3) The nature of employment with, and names and
addresses of, employers of the investment adviser
representative for the 10 years immediately preceding the
date of application;
(4) A brief description of any civil or criminal
proceedings, of which fraud is an essential element,
pending against the investment adviser representative and
whether the investment adviser representative has ever
been convicted of a felony or of any misdemeanor of which
fraud is an essential element;
(5) Such additional information as the Secretary of
State may by rule or order prescribe as necessary to
determine the investment adviser representative's
business repute or qualification to act as an investment
adviser representative;
(6) Documentation that the individual has passed an
examination conducted by the Secretary of State, an
organization of investment advisers, or similar person,
which examination has been designated by the Secretary of
State by rule or order to be satisfactory for purposes of
determining whether the applicant has sufficient
knowledge of the investment advisory or securities
business and laws relating to that business to act as a
registered investment adviser representative; and
(7) A Securities Audit and Enforcement Fund fee
established under Section 11a of this Act, which shall
not be returnable in any event.
The Secretary of State may by order waive the examination
requirement for an applicant for registration under this
subsection D-5 who has had the experience or education
relating to the investment advisory or securities business as
may be determined by the Secretary of State to be the
equivalent of the examination. A request for a waiver shall
be filed with the Secretary of State in the form as may be
prescribed by rule or order.
A change that renders no longer accurate any information
contained in any application for registration or
re-registration as an investment adviser representative must
be reported to the Secretary of State within 10 business days
after the occurrence of the change. If the activities that
rendered an individual an investment adviser representative
for the investment adviser are terminated, the investment
adviser shall notify the Secretary of State in writing (which
may be by electronic or facsimile transmission), within 30
days of the investment adviser representative's termination,
using the appropriate termination notice form as the
Secretary of State may prescribe by rule or order.
A registered investment adviser representative may
transfer his or her registration under this Section 8 for the
unexpired term of the registration from one registered
investment adviser to another by the giving of notice of the
transfer by the new investment adviser to the Secretary of
State in the form and subject to the conditions as the
Secretary of State shall prescribe. The new registered
investment adviser shall promptly file an application for
registration of the investment adviser representative as
provided in this subsection, accompanied by the Securities
Audit and Enforcement Fund fee prescribed by paragraph (7) of
this subsection D-5.
E. (1) Subject to the provisions of subsection F of
Section 11 of this Act, the registration of a dealer, limited
Canadian dealer, salesperson, investment adviser, or
investment adviser representative may be denied, suspended or
revoked if the Secretary of State finds that the dealer,
limited Canadian dealer, salesperson, investment adviser, or
investment adviser representative or any principal officer,
director, partner, member, trustee, manager or any person who
performs a similar function of the dealer, limited Canadian
dealer, or investment adviser:
(a) Has been convicted of any felony during the 10
year period preceding the date of filing of any
application for registration or at any time thereafter,
or of any misdemeanor of which fraud is an essential
element;
(b) Has engaged in any inequitable practice in the
offer or sale of securities or in any fraudulent business
practice;
(c) Has failed to account for any money or
property, or has failed to deliver any security, to any
person entitled thereto when due or within a reasonable
time thereafter;
(d) In the case of a dealer, limited Canadian
dealer, or investment adviser, is insolvent;
(e) In the case of a dealer or limited Canadian
dealer, (i) has failed reasonably to supervise the
securities activities of any of its salespersons and the
failure has permitted or facilitated a violation of
Section 12 of this Act or (ii) is offering or selling or
has offered or sold securities in this State through a
salesperson other than a registered salesperson, or, in
the case of a salesperson, is selling or has sold
securities in this State for a dealer, limited Canadian
dealer, issuer or controlling person with knowledge that
the dealer, limited Canadian dealer, issuer or
controlling person has not complied with the provisions
of this Act;
(f) In the case of an investment adviser, has
failed reasonably to supervise the advisory activities of
any of its investment adviser representatives or
employees and the failure has permitted or facilitated a
violation of Section 12 of this Act;
(g) Has violated any of the provisions of this Act;
(h) Has made any material misrepresentation to the
Secretary of State in connection with any information
deemed necessary by the Secretary of State to determine a
dealer's, limited Canadian dealer's, or investment
adviser's financial responsibility or a dealer's, limited
Canadian dealer's, investment adviser's, salesperson's,
or investment adviser representative's business repute or
qualifications, or has refused to furnish any such
information requested by the Secretary of State;
(i) Has had a license or registration under any
Federal or State law regulating the offer or sale of
securities or commodity futures contracts, refused,
cancelled, suspended or withdrawn;
(j) Has been suspended or expelled from or refused
membership in or association with or limited in any
capacity by any self-regulatory organization registered
under the Federal 1934 Act or the Federal 1974 Act
arising from any fraudulent or deceptive act or a
practice in violation of any rule, regulation or standard
duly promulgated by the self-regulatory organization;
(k) Has had any order entered against it after
notice and opportunity for hearing by a securities agency
of any state, any foreign government or agency thereof,
the Securities and Exchange Commission, or the Federal
Commodities Futures Trading Commission arising from any
fraudulent or deceptive act or a practice in violation of
any statute, rule or regulation administered or
promulgated by the agency or commission;
(l) In the case of a dealer or limited Canadian
dealer, fails to maintain a minimum net capital in an
amount which the Secretary of State may by rule or
regulation require;
(m) Has conducted a continuing course of dealing of
such nature as to demonstrate an inability to properly
conduct the business of the dealer, limited Canadian
dealer, salesperson, investment adviser, or investment
adviser representative;
(n) Has had, after notice and opportunity for
hearing, any injunction or order entered against it or
license or registration refused, cancelled, suspended,
revoked, withdrawn or limited by any state or federal
body, agency or commission regulating banking, insurance,
finance or small loan companies, real estate or mortgage
brokers or companies, if the action resulted from any act
found by the body, agency or commission to be a
fraudulent or deceptive act or practice in violation of
any statute, rule or regulation administered or
promulgated by the body, agency or commission;
(o) Has failed to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay
any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the
requirements of that tax Act are satisfied;
(p) In the case of a natural person who is a
dealer, limited Canadian dealer, salesperson, investment
adviser, or investment adviser representative, has
defaulted on an educational loan guaranteed by the
Illinois Student Assistance Commission, until the natural
person has established a satisfactory repayment record as
determined by the Illinois Student Assistance Commission;
(q) Has failed to maintain the books and records
required under this Act or rules or regulations
promulgated under this Act within a reasonable time after
receiving notice of any deficiency;
(r) Has refused to allow or otherwise impeded
designees of the Secretary of State from conducting an
audit, examination, inspection, or investigation provided
for under Section 8 or 11 of this Act;
(s) Has failed to maintain any minimum net capital
or bond requirement set forth in this Act or any rule or
regulation promulgated under this Act;
(t) Has refused the Secretary of State or his or
her designee access to any office or location within an
office to conduct an investigation, audit, examination,
or inspection;
(u) Has advised or caused a public pension fund or
retirement system established under the Illinois Pension
Code to make an investment or engage in a transaction not
authorized by that Code.
(2) If the Secretary of State finds that any registrant
or applicant for registration is no longer in existence or
has ceased to do business as a dealer, limited Canadian
dealer, salesperson, investment adviser, or investment
adviser representative, or is subject to an adjudication as a
person under legal disability or to the control of a
guardian, or cannot be located after reasonable search, or
has failed after written notice to pay to the Secretary of
State any additional fee prescribed by this Section or
specified by rule or regulation, or if a natural person, has
defaulted on an educational loan guaranteed by the Illinois
Student Assistance Commission, the Secretary of State may by
order cancel the registration or application.
(3) Withdrawal of an application for registration or
withdrawal from registration as a dealer, limited Canadian
dealer, salesperson, investment adviser, or investment
adviser representative becomes effective 30 days after
receipt of an application to withdraw or within such shorter
period of time as the Secretary of State may determine,
unless any proceeding is pending under Section 11 of this Act
when the application is filed or a proceeding is instituted
within 30 days after the application is filed. If a
proceeding is pending or instituted, withdrawal becomes
effective at such time and upon such conditions as the
Secretary of State by order determines. If no proceeding is
pending or instituted and withdrawal automatically becomes
effective, the Secretary of State may nevertheless institute
a revocation or suspension proceeding within one year after
withdrawal became effective and enter a revocation or
suspension order as of the last date on which registration
was effective.
F. The Secretary of State shall make available upon
request the date that each dealer, investment adviser,
salesperson, or investment adviser representative was granted
registration, together with the name and address of the
dealer, limited Canadian dealer, or issuer on whose behalf
the salesperson is registered, and all orders of the
Secretary of State denying or abandoning an application, or
suspending or revoking registration, or censuring the
persons. The Secretary of State may designate by rule,
regulation or order the statements, information or reports
submitted to or filed with him or her pursuant to this
Section 8 which the Secretary of State determines are of a
sensitive nature and therefore should be exempt from public
disclosure. Any such statement, information or report shall
be deemed confidential and shall not be disclosed to the
public except upon the consent of the person filing or
submitting the statement, information or report or by order
of court or in court proceedings.
G. The registration or re-registration of a dealer or
limited Canadian dealer and of all salespersons registered
upon application of the dealer or limited Canadian dealer
shall expire on the next succeeding anniversary date of the
registration or re-registration of the dealer; and the
registration or re-registration of an investment adviser and
of all investment adviser representatives registered upon
application of the investment adviser shall expire on the
next succeeding anniversary date of the registration of the
investment adviser; provided, that the Secretary of State may
by rule or regulation prescribe an alternate date which any
dealer registered under the Federal 1934 Act or a member of
any self-regulatory association approved pursuant thereto, a
member of a self-regulatory organization or stock exchange in
Canada, or any investment adviser may elect as the expiration
date of its dealer or limited Canadian dealer and salesperson
registrations, or the expiration date of its investment
adviser registration, as the case may be. A registration of
a salesperson registered upon application of an issuer or
controlling person shall expire on the next succeeding
anniversary date of the registration, or upon termination or
expiration of the registration of the securities, if any,
designated in the application for his or her registration or
the alternative date as the Secretary may prescribe by rule
or regulation. Subject to paragraph (9) of subsection C of
this Section 8, a salesperson's registration also shall
terminate upon cessation of his or her employment, or
termination of his or her appointment or authorization, in
each case by the person who applied for the salesperson's
registration, provided that the Secretary of State may by
rule or regulation prescribe an alternate date for the
expiration of the registration.
H. Applications for re-registration of dealers, limited
Canadian dealers, salespersons, investment advisers, and
investment adviser representatives shall be filed with the
Secretary of State prior to the expiration of the then
current registration and shall contain such information as
may be required by the Secretary of State upon initial
application with such omission therefrom or addition thereto
as the Secretary of State may authorize or prescribe. Each
application for re-registration of a dealer, limited Canadian
dealer, or investment adviser shall be accompanied by a
filing fee, each application for re-registration as a
salesperson shall be accompanied by a filing fee and a
Securities Audit and Enforcement Fund fee established
pursuant to Section 11a of this Act, and each application for
re-registration as an investment adviser representative shall
be accompanied by a Securities Audit and Enforcement Fund fee
established under Section 11a of this Act, which shall not be
returnable in any event. Notwithstanding the foregoing,
applications for re-registration of dealers, limited Canadian
dealers, and investment advisers may be filed within 30 days
following the expiration of the registration provided that
the applicant pays the annual registration fee together with
an additional amount equal to the annual registration fee and
files any other information or documents that the Secretary
of State may prescribe by rule or regulation or order. Any
application filed within 30 days following the expiration of
the registration shall be automatically effective as of the
time of the earlier expiration provided that the proper fee
has been paid to the Secretary of State.
Each registered dealer, limited Canadian dealer, or
investment adviser shall continue to be registered if the
registrant changes his, her, or its form of organization
provided that the dealer or investment adviser files an
amendment to his, her, or its application not later than 30
days following the occurrence of the change and pays the
Secretary of State a fee in the amount established under
Section 11a of this Act.
I. (1) Every registered dealer, limited Canadian dealer,
and investment adviser shall make and keep for such periods,
such accounts, correspondence, memoranda, papers, books and
records as the Secretary of State may by rule or regulation
prescribe. All records so required shall be preserved for 3
years unless the Secretary of State by rule, regulation or
order prescribes otherwise for particular types of records.
(2) Every registered dealer, limited Canadian dealer,
and investment adviser shall file such financial reports as
the Secretary of State may by rule or regulation prescribe.
(3) All the books and records referred to in paragraph
(1) of this subsection I are subject at any time or from time
to time to such reasonable periodic, special or other audits,
examinations, or inspections by representatives of the
Secretary of State, within or without this State, as the
Secretary of State deems necessary or appropriate in the
public interest or for the protection of investors.
(4) At the time of an audit, examination, or inspection,
the Secretary of State, by his or her designees, may conduct
an interview of any person employed or appointed by or
affiliated with a registered dealer, limited Canadian dealer,
or investment advisor, provided that the dealer, limited
Canadian dealer, or investment advisor shall be given
reasonable notice of the time and place for the interview.
At the option of the dealer, limited Canadian dealer, or
investment advisor, a representative of the dealer or
investment advisor with supervisory responsibility over the
individual being interviewed may be present at the interview.
J. The Secretary of State may require by rule or
regulation the payment of an additional fee for the filing of
information or documents required to be filed by this Section
which have not been filed in a timely manner. The Secretary
of State may also require by rule or regulation the payment
of an examination fee for administering any examination which
it may conduct pursuant to subsection B, C, D, or D-5 of this
Section 8.
K. The Secretary of State may declare any application
for registration or limited registration under this Section 8
abandoned by order if the applicant fails to pay any fee or
file any information or document required under this Section
8 or by rule or regulation for more than 30 days after the
required payment or filing date. The applicant may petition
the Secretary of State for a hearing within 15 days after the
applicant's receipt of the order of abandonment, provided
that the petition sets forth the grounds upon which the
applicant seeks a hearing.
L. Any document being filed pursuant to this Section 8
shall be deemed filed, and any fee being paid pursuant to
this Section 8 shall be deemed paid, upon the date of actual
receipt thereof by the Secretary of State or his or her
designee.
M. The Secretary of State shall provide to the Illinois
Student Assistance Commission annually or at mutually agreed
periodic intervals the names and social security numbers of
natural persons registered under subsections B, C, D, and D-5
of this Section. The Illinois Student Assistance Commission
shall determine if any student loan defaulter is registered
as a dealer, limited Canadian dealer, salesperson, or
investment adviser under this Act and report its
determination to the Secretary of State or his or her
designee.
(Source: P.A. 89-209, eff. 1-1-96; 89-626, eff. 8-9-96;
90-70, eff. 7-8-97; 90-507, eff. 8-22-97; revised 11-17-97.)
Section 190. The Motor Vehicle Retail Installment Sales
Act is amended by changing Sections 11.1 and 20 as follows:
(815 ILCS 375/11.1) (from Ch. 121 1/2, par. 571.1)
Sec. 11.1. A seller in a retail installment contract may
add a "documentary fee" for processing documents and
performing services related to closing of a sale. The
maximum amount that may be charged by a seller for a
documentary fee is the base documentary fee beginning January
1, 1992, of $40 which shall be subject to an annual rate
adjustment equal to the percentage of change in the Bureau of
Labor Statistics Consumer Price Index. Every retail
installment contract under this Act shall contain or be
accompanied by a notice containing the following information:
"DOCUMENTARY FEE. A DOCUMENTARY FEE IS NOT AN OFFICIAL
FEE. A DOCUMENTARY FEE IS NOT REQUIRED BY LAW, BUT MAY BE
CHARGED TO BUYERS FOR HANDLING DOCUMENTS AND PERFORMING
SERVICES RELATED TO CLOSING OF A SALE. THE BASE DOCUMENTARY
FEE BEGINNING JANUARY 1, 1992, WAS $40. THE MAXIMUM AMOUNT
THAT MAY BE CHARGED FOR A DOCUMENTARY FEE IS THE BASE
DOCUMENTARY FEE OF $40 WHICH SHALL BE SUBJECT TO AN ANNUAL
RATE ADJUSTMENT EQUAL TO THE PERCENTAGE OF CHANGE IN THE
BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX. THIS NOTICE
IS REQUIRED BY LAW."
(Source: P.A. 90-519, eff. 6-1-98; revised 12-3-97.)
(815 ILCS 375/20) (from Ch. 121 1/2, par. 580)
Sec. 20. Unless otherwise limited by this Act, the
parties shall have the rights and remedies provided in
Article 9 of the Uniform Commercial Code with respect to
default and, disposition, and recovery redemption of
collateral.
If the buyer has paid an amount equal to 60% or more of
the deferred payment price at the time of his default under
the contract and if the buyer, at the request of the holder
and without legal proceedings, surrenders the goods to the
holder in ordinary condition and free from malicious damage,
the holder must, within a period of 5 days from the date of
receipt of the goods at his place of business, elect either
(a) to retain the goods and release the buyer from further
obligation under the contract, or (b) to return the goods to
the buyer at the holder's expense and be limited to an action
to recover the balance of the indebtedness.
If the buyer has paid an amount equal to 30% or more of
the deferred payment price at the time of repossession, the
buyer shall have the right to reinstate the contract and
recover the collateral from the holder within 15 days from
the date of repossession by tendering (a) the total of all
unpaid amounts, including any unpaid delinquency or deferral
charges due at the time of tender, without acceleration, and
(b) performance necessary to cure any default other than
nonpayment of the amounts due; and (c) any reasonable cost or
fees incurred by the holder in the retaking of the goods.
Tender of payment and performance pursuant to this Section
restores to the buyer his rights under the contract as though
no default had occurred. The buyer has a right to reinstate
the contract and recover the collateral from the holder only
once under this Section. The holder may, in the holder's sole
discretion, extend the period during which the buyer may
reinstate the contract and recover redeem the collateral
beyond the 15 days allowed under this Section, and the
extension shall not subject the holder to liability to the
buyer under the laws of this State.
The holder must give written notice to the buyer, within
3 days of the repossession, of the buyer's right to reinstate
the contract and recover the collateral pursuant to this
Section. The written notice shall be in substantially the
following form:
NOTICE OF RIGHT TO RECOVER VEHICLE
Your vehicle was repossessed on (specify date) for
failure to make payments on the contract (or other reason).
Under Illinois law, because you have paid at least 30% of
the deferred payment price before repossession, you may be
able to get the vehicle back. You have the right to recover
the vehicle if you do the following within 15 days of the
date of repossession:
1. Make payment of all back payments due as
of the date of this notice. $
2. Pay any late charges due. $
3. Pay the costs of repossession. $
TOTAL AMOUNT DUE as of the date of
this notice: $
4. Plus pay any additional amounts which
may become due between the date of this
the notice and the date of
reinstatement. $
AMOUNT NOW DUE
Bring cash, a certified check or a money order for the
total amount now due that is plus any additional amounts
which may become due between the date of this notice and the
date of the reinstatement to our office located at (specify
address) by (specify date) to get your vehicle back.
(Source: P.A. 90-343, eff. 8-8-97; 90-437, eff. 1-1-98;
revised 2-7-98.)
Section 191. The Ophthalmic Advertising Act is amended
by changing Section 0.01 as follows:
(815 ILCS 385/0.01) (from Ch. 121 1/2, par. 349)
Sec. 0.01. Short title. This Act may be cited as the
Ophthalmic Opthalmic Advertising Act.
(Source: P.A. 86-1324; revised 7-11-97.)
Section 192. The Motor Vehicle Franchise Act is amended
by changing Section 4 as follows:
(815 ILCS 710/4) (from Ch. 121 1/2, par. 754)
Sec. 4. Unfair competition and practices.
(a) The unfair methods of competition and unfair and
deceptive acts or practices listed in this Section are hereby
declared to be unlawful. In construing the provisions of this
Section, the courts may be guided by the interpretations of
the Federal Trade Commission Act (15 U.S.C. 45 et. seq.), as
from time to time amended.
(b) It shall be deemed a violation for any manufacturer,
factory branch, factory representative, distributor or
wholesaler, distributor branch, distributor representative or
motor vehicle dealer to engage in any action with respect to
a franchise which is arbitrary, in bad faith or
unconscionable and which causes damage to any of the parties
or to the public.
(c) It shall be deemed a violation for a manufacturer, a
distributor, a wholesaler, a distributor branch or division,
a factory branch or division, or a wholesale branch or
division, or officer, agent or other representative thereof,
to coerce, or attempt to coerce, any motor vehicle dealer:
(1) to accept, buy or order any motor vehicle or
vehicles, appliances, equipment, parts or accessories
therefor, or any other commodity or commodities or
service or services which such motor vehicle dealer has
not voluntarily ordered or requested except items
required by applicable local, state or federal law; or to
require a motor vehicle dealer to accept, buy, order or
purchase such items in order to obtain any motor vehicle
or vehicles or any other commodity or commodities which
have been ordered or requested by such motor vehicle
dealer;
(2) to order or accept delivery of any motor
vehicle with special features, appliances, accessories or
equipment not included in the list price of the motor
vehicles as publicly advertised by the manufacturer
thereof, except items required by applicable law; or
(3) to order for anyone any parts, accessories,
equipment, machinery, tools, appliances or any commodity
whatsoever, except items required by applicable law.
(d) It shall be deemed a violation for a manufacturer, a
distributor, a wholesaler, a distributor branch or division,
or officer, agent or other representative thereof:
(1) to adopt, change, establish or implement a plan
or system for the allocation and distribution of new
motor vehicles to motor vehicle dealers which is
arbitrary or capricious or to modify an existing plan so
as to cause the same to be arbitrary or capricious;
(2) to fail or refuse to advise or disclose to any
motor vehicle dealer having a franchise or selling
agreement, upon written request therefor, the basis upon
which new motor vehicles of the same line make are
allocated or distributed to motor vehicle dealers in the
State and the basis upon which the current allocation or
distribution is being made or will be made to such motor
vehicle dealer;
(3) to refuse to deliver in reasonable quantities
and within a reasonable time after receipt of dealer's
order, to any motor vehicle dealer having a franchise or
selling agreement for the retail sale of new motor
vehicles sold or distributed by such manufacturer,
distributor, wholesaler, distributor branch or division,
factory branch or division or wholesale branch or
division, any such motor vehicles as are covered by such
franchise or selling agreement specifically publicly
advertised in the State by such manufacturer,
distributor, wholesaler, distributor branch or division,
factory branch or division, or wholesale branch or
division to be available for immediate delivery.
However, the failure to deliver any motor vehicle shall
not be considered a violation of this Act if such failure
is due to an act of God, a work stoppage or delay due to
a strike or labor difficulty, a shortage of materials, a
lack of manufacturing capacity, a freight embargo or
other cause over which the manufacturer, distributor, or
wholesaler, or any agent thereof has no control;
(4) to coerce, or attempt to coerce, any motor
vehicle dealer to enter into any agreement with such
manufacturer, distributor, wholesaler, distributor branch
or division, factory branch or division, or wholesale
branch or division, or officer, agent or other
representative thereof, or to do any other act
prejudicial to the dealer by threatening to reduce his
allocation of motor vehicles or cancel any franchise or
any selling agreement existing between such manufacturer,
distributor, wholesaler, distributor branch or division,
or factory branch or division, or wholesale branch or
division, and the dealer. However, notice in good faith
to any motor vehicle dealer of the dealer's violation of
any terms or provisions of such franchise or selling
agreement or of any law or regulation applicable to the
conduct of a motor vehicle dealer shall not constitute a
violation of this Act;
(5) to require a franchisee to participate in an
advertising campaign or contest or any promotional
campaign, or to purchase or lease any promotional
materials, training materials, show room or other display
decorations or materials at the expense of the
franchisee;
(6) to cancel or terminate the franchise or selling
agreement of a motor vehicle dealer without good cause
and without giving notice as hereinafter provided; to
fail or refuse to extend the franchise or selling
agreement of a motor vehicle dealer upon its expiration
without good cause and without giving notice as
hereinafter provided; or, to offer a renewal, replacement
or succeeding franchise or selling agreement containing
terms and provisions the effect of which is to
substantially change or modify the sales and service
obligations or capital requirements of the motor vehicle
dealer arbitrarily and without good cause and without
giving notice as hereinafter provided notwithstanding any
term or provision of a franchise or selling agreement.
(A) If a manufacturer, distributor,
wholesaler, distributor branch or division, factory
branch or division or wholesale branch or division
intends to cancel or terminate a franchise or
selling agreement or intends not to extend or renew
a franchise or selling agreement on its expiration,
it shall send a letter by certified mail, return
receipt requested, to the affected franchisee at
least 60 days before the effective date of the
proposed action, or not later than 10 days before
the proposed action when the reason for the action
is based upon either of the following:
(i) the business operations of the
franchisee have been abandoned or the
franchisee has failed to conduct customary
sales and service operations during customary
business hours for at least 7 consecutive
business days unless such closing is due to an
act of God, strike or labor difficulty or other
cause over which the franchisee has no control;
or
(ii) the conviction of or plea of nolo
contendere by the motor vehicle dealer or any
operator thereof in a court of competent
jurisdiction to an offense punishable by
imprisonment for more than two years.
Each notice of proposed action shall include a
detailed statement setting forth the specific
grounds for the proposed cancellation, termination,
or refusal to extend or renew.
(B) If a manufacturer, distributor,
wholesaler, distributor branch or division, factory
branch or division or wholesale branch or division
intends to change substantially or modify the sales
and service obligations or capital requirements of a
motor vehicle dealer as a condition to extending or
renewing the existing franchise or selling agreement
of such motor vehicle dealer, it shall send a letter
by certified mail, return receipt requested, to the
affected franchisee at least 60 days before the
date of expiration of the franchise or selling
agreement. Each notice of proposed action shall
include a detailed statement setting forth the
specific grounds for the proposed action.
(C) Within 15 days from receipt of the notice
under subparagraphs (A) and (B), the franchisee may
file with the Board a written protest against the
proposed action.
When the protest has been timely filed, the
Board shall enter an order, fixing a date (within 60
days of the date of the order), time, and place of a
hearing on the protest required under Sections 12
and 29 of this Act, and send by certified mail,
return receipt requested, a copy of the order to the
manufacturer that filed the notice of intention of
the proposed action and to the protesting dealer or
franchisee.
The manufacturer shall have the burden of proof
to establish that good cause exists to cancel or
terminate, or fail to extend or renew the franchise
or selling agreement of a motor vehicle dealer or
franchisee, and to change substantially or modify
the sales and service obligations or capital
requirements of a motor vehicle dealer as a
condition to extending or renewing the existing
franchise or selling agreement. The determination
whether good cause exists to cancel, terminate, or
refuse to renew or extend the franchise or selling
agreement, or to change or modify the obligations of
the dealer as a condition to offer renewal,
replacement, or succession shall be made by the
Board under subsection (d) of Section 12 of this
Act.
(D) Notwithstanding the terms, conditions, or
provisions of a franchise or selling agreement, the
following shall not constitute good cause for
cancelling or terminating or failing to extend or
renew the franchise or selling agreement: (i) the
change of ownership or executive management of the
franchisee's dealership; or (ii) the fact that the
franchisee or owner of an interest in the franchise
owns, has an investment in, participates in the
management of, or holds a license for the sale of
the same or any other line make of new motor
vehicles.
Good cause shall exist to cancel, terminate or
fail to offer a renewal or replacement franchise or
selling agreement to all franchisees of a line make
if the manufacturer permanently discontinues the
manufacture or assembly of motor vehicles of such
line make.
(E) The manufacturer may not cancel or
terminate, or fail to extend or renew a franchise or
selling agreement or change or modify the
obligations of the franchisee as a condition to
offering a renewal, replacement, or succeeding
franchise or selling agreement before the hearing
process is concluded as prescribed by this Act, and
thereafter, if the Board determines that the
manufacturer has failed to meet its burden of proof
and that good cause does not exist to allow the
proposed action; or
(7) notwithstanding the terms of any franchise
agreement, to fail to indemnify and hold harmless its
franchised dealers against any judgment or settlement for
damages, including, but not limited to, court costs and
reasonable attorneys' fees of the new motor vehicle
dealer, arising out of complaints, claims or lawsuits
including, but not limited to, strict liability,
negligence, misrepresentation, warranty (express or
implied), or recision of the sale as defined in Section
2-608 of the Uniform Commercial Code, to the extent that
the judgment or settlement relates to the alleged
defective or negligent manufacture, assembly or design of
new motor vehicles, parts or accessories or other
functions by the manufacturer, beyond the control of the
dealer.
(e) It shall be deemed a violation for a manufacturer, a
distributor, a wholesaler, a distributor branch or division
or officer, agent or other representative thereof:
(1) to resort to or use any false or misleading
advertisement in connection with his business as such
manufacturer, distributor, wholesaler, distributor branch
or division or officer, agent or other representative
thereof;
(2) to offer to sell or lease, or to sell or lease,
any new motor vehicle to any motor vehicle dealer at a
lower actual price therefor than the actual price offered
to any other motor vehicle dealer for the same model
vehicle similarly equipped or to utilize any device
including, but not limited to, sales promotion plans or
programs which result in such lesser actual price or
fail to make available to any motor vehicle dealer any
preferential pricing, incentive, rebate, finance rate, or
low interest loan program offered to competing motor
vehicle dealers in other contiguous states. However, the
provisions of this paragraph shall not apply to sales to
a motor vehicle dealer for resale to any unit of the
United States Government, the State or any of its
political subdivisions;
(3) to offer to sell or lease, or to sell or lease,
any new motor vehicle to any person, except a wholesaler,
distributor or manufacturer's employees at a lower actual
price therefor than the actual price offered and charged
to a motor vehicle dealer for the same model vehicle
similarly equipped or to utilize any device which results
in such lesser actual price. However, the provisions of
this paragraph shall not apply to sales to a motor
vehicle dealer for resale to any unit of the United
States Government, the State or any of its political
subdivisions;
(4) to prevent or attempt to prevent by contract or
otherwise any motor vehicle dealer or franchisee from
changing the executive management control of the motor
vehicle dealer or franchisee unless the franchiser,
having the burden of proof, proves that such change of
executive management will result in executive management
control by a person or persons who are not of good moral
character or who do not meet the franchiser's existing
and, with consideration given to the volume of sales and
service of the dealership, uniformly applied minimum
business experience standards in the market area. However
where the manufacturer rejects a proposed change in
executive management control, the manufacturer shall give
written notice of his reasons to the dealer within 60
days of notice to the manufacturer by the dealer of the
proposed change. If the manufacturer does not send a
letter to the franchisee by certified mail, return
receipt requested, within 60 days from receipt by the
manufacturer of the proposed change, then the change of
the executive management control of the franchisee shall
be deemed accepted as proposed by the franchisee, and the
manufacturer shall give immediate effect to such change;
(5) to prevent or attempt to prevent by contract or
otherwise any motor vehicle dealer from establishing or
changing the capital structure of his dealership or the
means by or through which he finances the operation
thereof; provided the dealer meets any reasonable capital
standards agreed to between the dealer and the
manufacturer, distributor or wholesaler, who may require
that the sources, method and manner by which the dealer
finances or intends to finance its operation, equipment
or facilities be fully disclosed;
(6) to refuse to give effect to or prevent or
attempt to prevent by contract or otherwise any motor
vehicle dealer or any officer, partner or stockholder of
any motor vehicle dealer from selling or transferring any
part of the interest of any of them to any other person
or persons or party or parties unless such sale or
transfer is to a transferee who would not otherwise
qualify for a new motor vehicle dealers license under
"The Illinois Vehicle Code" or unless the franchiser,
having the burden of proof, proves that such sale or
transfer is to a person or party who is not of good moral
character or does not meet the franchiser's existing and
reasonable capital standards and, with consideration
given to the volume of sales and service of the
dealership, uniformly applied minimum business experience
standards in the market area. However, nothing herein
shall be construed to prevent a franchiser from
implementing affirmative action programs providing
business opportunities for minorities or from complying
with applicable federal, State or local law:
(A) If the manufacturer intends to refuse to
approve the sale or transfer of all or a part of the
interest, then it shall, within 60 days from receipt
of the completed application forms generally
utilized by a manufacturer to conduct its review and
a copy of all agreements regarding the proposed
transfer, send a letter by certified mail, return
receipt requested, advising the franchisee of any
refusal to approve the sale or transfer of all or
part of the interest. The notice shall set forth
specific criteria used to evaluate the prospective
transferee and the grounds for refusing to approve
the sale or transfer to that transferee. Within 15
days from the franchisee's receipt of the
manufacturer's notice, the franchisee may file with
the Board a written protest against the proposed
action.
When a protest has been timely filed, the Board
shall enter an order, fixing the date (within 60
days of the date of such order), time, and place of
a hearing on the protest, required under Sections 12
and 29 of this Act, and send by certified mail,
return receipt requested, a copy of the order to the
manufacturer that filed notice of intention of the
proposed action and to the protesting franchisee.
The manufacturer shall have the burden of proof
to establish that good cause exists to refuse to
approve the sale or transfer to the transferee. The
determination whether good cause exists to refuse to
approve the sale or transfer shall be made by the
Board under subdivisions (6)(B). The manufacturer
shall not refuse to approve the sale or transfer by
a dealer or an officer, partner, or stockholder of a
franchise or any part of the interest to any person
or persons before the hearing process is concluded
as prescribed by this Act, and thereafter if the
Board determines that the manufacturer has failed to
meet its burden of proof and that good cause does
not exist to refuse to approve the sale or transfer
to the transferee.
(B) Good cause to refuse to approve such sale
or transfer under this Section is established when
such sale or transfer is to a transferee who would
not otherwise qualify for a new motor vehicle
dealers license under "The Illinois Vehicle Code" or
such sale or transfer is to a person or party who is
not of good moral character or does not meet the
franchiser's existing and reasonable capital
standards and, with consideration given to the
volume of sales and service of the dealership,
uniformly applied minimum business experience
standards in the market area.
(7) to obtain money, goods, services, anything of
value, or any other benefit from any other person with
whom the motor vehicle dealer does business, on account
of or in relation to the transactions between the dealer
and the other person as compensation, except for services
actually rendered, unless such benefit is promptly
accounted for and transmitted to the motor vehicle
dealer;
(8) to grant an additional franchise in the
relevant market area of an existing franchise of the same
line make or to relocate an existing motor vehicle
dealership within or into a relevant market area of an
existing franchise of the same line make. However, if the
manufacturer wishes to grant such an additional franchise
to an independent person in a bona fide relationship in
which such person is prepared to make a significant
investment subject to loss in such a dealership, or if
the manufacturer wishes to relocate an existing motor
vehicle dealership, then the manufacturer shall send a
letter by certified mail, return receipt requested, to
each existing dealer or dealers of the same line make
whose relevant market area includes the proposed location
of the additional or relocated franchise at least 60 days
before the manufacturer grants an additional franchise or
relocates an existing franchise of the same line make
within or into the relevant market area of an existing
franchisee of the same line make. Each notice shall set
forth the specific grounds for the proposed grant of an
additional or relocation of an existing franchise.
Unless the parties agree upon the grant or establishment
of the additional or relocated franchise within 15 days
from the date the notice was received by the existing
franchisee of the same line make or any person entitled
to receive such notice, the franchisee or other person
may file with the Board a written protest against the
grant or establishment of the proposed additional or
relocated franchise.
When a protest has been timely filed, the Board
shall enter an order fixing a date (within 60 days of the
date of the order), time, and place of a hearing on the
protest, required under Sections 12 and 29 of this Act,
and send by certified or registered mail, return receipt
requested, a copy of the order to the manufacturer that
filed the notice of intention to grant or establish the
proposed additional or relocated franchise and to the
protesting dealer or dealers of the same line make whose
relevant market area includes the proposed location of
the additional or relocated franchise.
When more than one protest is filed against the
grant or establishment of the additional or relocated
franchise of the same line make, the Board may
consolidate the hearings to expedite disposition of the
matter. The manufacturer shall have the burden of proof
to establish that good cause exists to allow the grant or
establishment of the additional or relocated franchise.
The manufacturer may not grant or establish the
additional franchise or relocate the existing franchise
before the hearing process is concluded as prescribed by
this Act, and thereafter if the Board determines that the
manufacturer has failed to meet its burden of proof and
that good cause does not exist to allow the grant or
establishment of the additional franchise or relocation
of the existing franchise.
The determination whether good cause exists for
allowing the grant or establishment of an additional
franchise or relocated existing franchise, shall be made
by the Board under subsection (c) of Section 12 of this
Act. If the manufacturer seeks to enter into a contract,
agreement or other arrangement with any person,
establishing any additional motor vehicle dealership or
other facility, limited to the sale of factory repurchase
vehicles or late model vehicles, then the manufacturer
shall follow the notice procedures set forth in this
Section and the determination whether good cause exists
for allowing the proposed agreement shall be made by the
Board under subsection (c) of Section 12, with the
manufacturer having the burden of proof.
A. (Blank).
B. For the purposes of this Section,
appointment of a successor motor vehicle dealer at
the same location as its predecessor, or within 2
miles of such location, or the relocation of an
existing dealer or franchise within 2 miles of the
relocating dealer's or franchisee's existing
location, shall not be construed as a grant,
establishment or the entering into of an additional
franchise or selling agreement, or a relocation of
an existing franchise. The reopening of a motor
vehicle dealership that has not been in operation
for 18 months or more shall be deemed the grant of
an additional franchise or selling agreement.
C. This Section does not apply to the
relocation of an existing dealership or franchise in
a county having a population of more than 300,000
persons when the new location is within the dealer's
current relevant market area, provided the new
location is more than 7 miles from the nearest
dealer of the same line make or is further away from
the nearest dealer of the same line make. This
Section does not apply to the relocation of an
existing dealership or franchise in a county having
a population of less than 300,000 persons when the
new location is within the dealer's current relevant
market area, provided the new location is more than
12 miles from the nearest dealer of the same line
make or is further away from the nearest dealer of
the same line make.
D. Nothing in this Section shall be construed
to prevent a franchiser from implementing
affirmative action programs providing business
opportunities for minorities or from complying with
applicable federal, State or local law;
(9) to require a motor vehicle dealer to assent to
a release, assignment, novation, waiver or estoppel which
would relieve any person from liability imposed by this
Act;
(10) to prevent or refuse to give effect to the
succession to the ownership or management control of a
dealership by any legatee under the will of a dealer or
to an heir under the laws of descent and distribution of
this State unless the franchisee has designated a
successor to the ownership or management control under
the succession provisions of the franchise. Unless the
franchiser, having the burden of proof, proves that the
successor is a person who is not of good moral character
or does not meet the franchiser's existing and reasonable
capital standards and, with consideration given to the
volume of sales and service of the dealership, uniformly
applied minimum business experience standards in the
market area, any designated successor of a dealer or
franchisee may succeed to the ownership or management
control of a dealership under the existing franchise if:
(i) The designated successor gives the
franchiser written notice by certified mail,
return receipt requested, of his or her
intention to succeed to the ownership of the
dealer within 60 days of the dealer's death or
incapacity; and
(ii) The designated successor agrees to
be bound by all the terms and conditions of the
existing franchise.
Notwithstanding the foregoing, in the event the
motor vehicle dealer or franchisee and manufacturer have
duly executed an agreement concerning succession rights
prior to the dealer's death or incapacitation, the
agreement shall be observed.
(A) If the franchiser intends to refuse to
honor the successor to the ownership of a deceased
or incapacitated dealer or franchisee under an
existing franchise agreement, the franchiser shall
send a letter by certified mail, return receipt
requested, to the designated successor within 60
days from receipt of a proposal advising of its
intent to refuse to honor the succession and to
discontinue the existing franchise agreement. The
notice shall set forth the specific grounds for the
refusal to honor the succession and discontinue the
existing franchise agreement.
If notice of refusal is not timely served upon
the designated successor, the franchise agreement
shall continue in effect subject to termination only
as otherwise permitted by paragraph (6) of
subsection (d) of Section 4 of this Act.
Within 15 days from the date the notice was
received by the designated successor or any other
person entitled to notice, the designee or other
person may file with the Board a written protest
against the proposed action.
When a protest has been timely filed, the Board
shall enter an order, fixing a date (within 60 days
of the date of the order), time, and place of a
hearing on the protest, required under Sections 12
and 29 of this Act, and send by certified mail,
return receipt requested, a copy of the order to the
franchiser that filed the notice of intention of the
proposed action and to the protesting designee or
such other person.
The manufacturer shall have the burden of proof
to establish that good cause exists to refuse to
honor the succession and discontinue the existing
franchise agreement. The determination whether good
cause exists to refuse to honor the succession shall
be made by the Board under subdivision (B) of this
paragraph (10). The manufacturer shall not refuse
to honor the succession or discontinue the existing
franchise agreement before the hearing process is
concluded as prescribed by this Act, and thereafter
if the Board determines that it has failed to meet
its burden of proof and that good cause does not
exist to refuse to honor the succession and
discontinue the existing franchise agreement.
(B) No manufacturer shall impose any
conditions upon honoring the succession and
continuing the existing franchise agreement with the
designated successor other than that the franchisee
has designated a successor to the ownership or
management control under the succession provisions
of the franchise, or that the designated successor
is of good moral character or meets the reasonable
capital standards and, with consideration given to
the volume of sales and service of the dealership,
uniformly applied minimum business experience
standards in the market area;
(11) to prevent or refuse to approve a proposal to
establish a successor franchise at a location previously
approved by the franchiser when submitted with the
voluntary termination by the existing franchisee unless
the successor franchisee would not otherwise qualify for
a new motor vehicle dealer's license under the Illinois
Vehicle Code or unless the franchiser, having the burden
of proof, proves that such proposed successor is not of
good moral character or does not meet the franchiser's
existing and reasonable capital standards and, with
consideration given to the volume of sales and service of
the dealership, uniformly applied minimum business
experience standards in the market area. However, when
such a rejection of a proposal is made, the manufacturer
shall give written notice of its reasons to the
franchisee within 60 days of receipt by the manufacturer
of the proposal. However, nothing herein shall be
construed to prevent a franchiser from implementing
affirmative action programs providing business
opportunities for minorities, or from complying with
applicable federal, State or local law;
(12) to prevent or refuse to grant a franchise to a
person because such person owns, has investment in or
participates in the management of or holds a franchise
for the sale of another make or line of motor vehicles
within 7 miles of the proposed franchise location in a
county having a population of more than 300,000 persons,
or within 12 miles of the proposed franchise location in
a county having a population of less than 300,000
persons; or
(13) to prevent or attempt to prevent any new motor
vehicle dealer from establishing any additional motor
vehicle dealership or other facility limited to the sale
of factory repurchase vehicles or late model vehicles or
otherwise offering for sale factory repurchase vehicles
of the same line make at an existing franchise by failing
to make available any contract, agreement or other
arrangement which is made available or otherwise offered
to any person.
(Source: P.A. 89-145, eff. 7-14-95; revised 7-11-97.)
Section 193. The Beer Industry Fair Dealing Act is
amended by changing Section 9 as follows:
(815 ILCS 720/9) (from Ch. 43, par. 309)
Sec. 9. Judicial and other remedies.
(1) If the brewer or wholesaler who is a party to an
agreement pursuant to this Act fails to comply with this Act
or otherwise engages in conduct prohibited under this Act,
the affected party may maintain a civil suit in court if the
cause of action directly relates to or stems from the
relationship of the individual parties under the agreement,
provided that any such suit shall be filed in a State or
federal court of competent jurisdiction located in Illinois.
(2) A brewer or wholesaler may bring an action for
declaratory judgment for determination of any controversy
arising under this Act or out of the brewer and wholesaler
relationship.
(3) Upon proper application to the court, a brewer or
wholesaler may obtain injunctive relief against any violation
of this Act.
(4) In any action under subsection (1) the court may
grant such relief as the court determines is necessary or
appropriate considering the purposes of this Act.
(5) The prevailing party in any action under subsection
(1) shall be entitled to (i) actual damages, (ii) all court
or arbitration costs, and (iii) attorneys' fees at the
court's discretion.
(6) With respect to any dispute arising under this Act
or out of the relationship between brewer and wholesaler, the
wholesaler and the brewer each has the absolute right before
it has agreed to arbitrate a particular dispute to refuse to
arbitrate that particular dispute. Arbitration shall be
conducted in accordance with the Commercial Arbitration Rules
of the American Arbitration Association and the laws of this
State, and judgment upon the award rendered by the arbitrator
may be entered in any court having jurisdiction. A brewer
may not, as a condition of entering into or renewing an
agreement, require the wholesaler to agree to arbitration
instead of judicial remedies.
(7) If there is a finding by an arbitrator or a court in
a proceeding under this Section or under subsection (1.5) or
(2) of Section 7 that a party has not acted in good faith, an
appropriate penalty shall be assessed by the arbitrator or
the court against that party and, in addition, that party
shall also be ordered to pay all court or arbitration costs
and reasonable legal fees incurred by the other party in the
proceeding.
(Source: P.A. 89-716, eff. 2-21-97; 90-91, eff. 7-11-97;
revised 8-13-97.)
Section 194. The Employee Medical Contribution Act is
amended by changing Section 1 as follows:
(820 ILCS 150/1) (from Ch. 48, par. 35a)
Sec. 1. Whenever an employee agrees to let his employer
make deductions from his wages for payments to a corporation
organized under "The Medical Service Plan Act", approved July
25, 1945, as amended, or "The Non-Profit Hospital Service
Plan Act", approved July 6, 1935, as amended, or any other
medical service plan the employer shall accept cash at the
regular group rate from such employee for such payment, in
lieu of such payroll deduction, or continue to make payments
for the benefit of the employee in the amount necessary to
continue the employee's participation in the medical service
plan, for any period up to 6 six consecutive months in the
event that such employee is unable to earn sufficient wages
to cover the amount normally deducted for such payment,
provided, however, that such employee maintains recall rights
with that employer and does not accept any employment
elsewhere.
(Source: P.A. 79-991; revised 1-21-98.)
Section 195. The Unemployment Insurance Act is amended
by changing Section 1900 as follows:
(820 ILCS 405/1900) (from Ch. 48, par. 640)
Sec. 1900. Disclosure of information.
A. Except as provided in this Section, information
obtained from any individual or employing unit during the
administration of this Act shall:
1. be confidential,
2. not be published or open to public inspection,
3. not be used in any court in any pending action
or proceeding,
4. not be admissible in evidence in any action or
proceeding other than one arising out of this Act.
B. No finding, determination, decision, ruling or order
(including any finding of fact, statement or conclusion made
therein) issued pursuant to this Act shall be admissible or
used in evidence in any action other than one arising out of
this Act, nor shall it be binding or conclusive except as
provided in this Act, nor shall it constitute res judicata,
regardless of whether the actions were between the same or
related parties or involved the same facts.
C. Any officer or employee of this State, any officer or
employee of any entity authorized to obtain information
pursuant to this Section, and any agent of this State or of
such entity who, except with authority of the Director under
this Section, shall disclose information shall be guilty of a
Class B misdemeanor and shall be disqualified from holding
any appointment or employment by the State.
D. An individual or his duly authorized agent may be
supplied with information from records only to the extent
necessary for the proper presentation of his claim for
benefits or with his existing or prospective rights to
benefits. Discretion to disclose this information belongs
solely to the Director and is not subject to a release or
waiver by the individual.
E. An employing unit may be furnished with information,
only if deemed by the Director as necessary to enable it to
fully discharge its obligations or safeguard its rights under
the Act. Discretion to disclose this information belongs
solely to the Director and is not subject to a release or
waiver by the employing unit.
F. The Director may furnish any information that he may
deem proper to any public officer or public agency of this or
any other State or of the federal government dealing with:
1. the administration of relief,
2. public assistance,
3. unemployment compensation,
4. a system of public employment offices,
5. wages and hours of employment, or
6. a public works program.
The Director may make available to the Illinois
Industrial Commission information regarding employers for the
purpose of verifying the insurance coverage required under
the Workers' Compensation Act and Workers' Occupational
Diseases Act.
G. The Director may disclose information submitted by
the State or any of its political subdivisions, municipal
corporations, instrumentalities, or school or community
college districts, except for information which specifically
identifies an individual claimant.
H. The Director shall disclose only that information
required to be disclosed under Section 303 of the Social
Security Act, as amended, including:
1. any information required to be given the United
States Department of Labor under Section 303(a)(6); and
2. the making available upon request to any agency
of the United States charged with the administration of
public works or assistance through public employment, the
name, address, ordinary occupation and employment status
of each recipient of unemployment compensation, and a
statement of such recipient's right to further
compensation under such law as required by Section
303(a)(7); and
3. records to make available to the Railroad
Retirement Board as required by Section 303(c)(1); and
4. information that will assure reasonable
cooperation with every agency of the United States
charged with the administration of any unemployment
compensation law as required by Section 303(c)(2); and
5. information upon request and on a reimbursable
basis to the United States Department of Agriculture and
to any State food stamp agency concerning any information
required to be furnished by Section 303(d); and
6. any wage information upon request and on a
reimbursable basis to any State or local child support
enforcement agency required by Section 303(e); and
7. any information required under the income
eligibility and verification system as required by
Section 303(f); and
8. information that might be useful in locating an
absent parent or that parent's employer, establishing
paternity or establishing, modifying, or enforcing child
support orders for the purpose of a child support
enforcement program under Title IV of the Social Security
Act upon the request of and on a reimbursable basis to
the public agency administering the Federal Parent
Locator Service as required by Section 303(h); and
9. information, upon request, to representatives of
any federal, State or local governmental public housing
agency with respect to individuals who have signed the
appropriate consent form approved by the Secretary of
Housing and Urban Development and who are applying for or
participating in any housing assistance program
administered by the United States Department of Housing
and Urban Development as required by Section 303(i).
I. The Director, upon the request of a public agency of
Illinois, of the federal government or of any other state
charged with the investigation or enforcement of Section 10-5
of the Criminal Code of 1961 (or a similar federal law or
similar law of another State), may furnish the public agency
information regarding the individual specified in the request
as to:
1. the current or most recent home address of the
individual, and
2. the names and addresses of the individual's
employers.
J. Nothing in this Section shall be deemed to interfere
with the disclosure of certain records as provided for in
Section 1706 or with the right to make available to the
Internal Revenue Service of the United States Department of
the Treasury, or the Department of Revenue of the State of
Illinois, information obtained under this Act.
K. The Department shall make available to the Illinois
Student Assistance Commission, upon request, information in
the possession of the Department that may be necessary or
useful to the Commission in the collection of defaulted or
delinquent student loans which the Commission administers.
L. The Department shall make available to the State
Employees' Retirement System, the State Universities
Retirement System, and the Teachers' Retirement System of the
State of Illinois, upon request, information in the
possession of the Department that may be necessary or useful
to the System for the purpose of determining whether any
recipient of a disability benefit from the System is
gainfully employed.
M. This Section shall be applicable to the information
obtained in the administration of the State employment
service, except that the Director may publish or release
general labor market information and may furnish information
that he may deem proper to an individual, public officer or
public agency of this or any other State or the federal
government (in addition to those public officers or public
agencies specified in this Section) as he prescribes by Rule.
N. The Director may require such safeguards as he deems
proper to insure that information disclosed pursuant to this
Section is used only for the purposes set forth in this
Section.
O. (Blank).
P. Within 30 days after the effective date of this
amendatory Act of 1993 and annually thereafter, the
Department shall provide to the Department of Financial
Institutions a list of individuals or entities that, for the
most recently completed calendar year, report to the
Department as paying wages to workers. The lists shall be
deemed confidential and may not be disclosed to any other
person.
Q. The Director shall make available to an elected
federal official the name and address of an individual or
entity that is located within the jurisdiction from which the
official was elected and that, for the most recently
completed calendar year, has reported to the Department as
paying wages to workers, where the information will be used
in connection with the official duties of the official and
the official requests the information in writing, specifying
the purposes for which it will be used. For purposes of this
subsection, the use of information in connection with the
official duties of an official does not include use of the
information in connection with the solicitation of
contributions or expenditures, in money or in kind, to or on
behalf of a candidate for public or political office or a
political party or with respect to a public question, as
defined in Section 1-3 of the Election Code, or in connection
with any commercial solicitation. Any elected federal
official who, in submitting a request for information covered
by this subsection, knowingly makes a false statement or
fails to disclose a material fact, with the intent to obtain
the information for a purpose not authorized by this
subsection, shall be guilty of a Class B misdemeanor.
R. The Director may provide to any State or local child
support agency, upon request and on a reimbursable basis,
information that might be useful in locating an absent parent
or that parent's employer, establishing paternity, or
establishing, modifying, or enforcing child support orders.
(Source: P.A. 89-446, eff. 2-8-96; 89-493, eff. 1-1-97;
90-425, eff. 8-15-97; 90-488, eff. 8-17-97; revised
11-14-97.)
Section 996. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 997. No revival or extension. This Act does not
revive or extend any Section or Act otherwise repealed.
Section 999. Effective date. This Act takes effect July
1, 1998.
INDEX
Statutes amended in order of appearance
5 ILCS 80/4.9 rep.
5 ILCS 80/4.18
5 ILCS 100/1-5 from Ch. 127, par. 1001-5
5 ILCS 140/7 from Ch. 116, par. 207
5 ILCS 315/3 from Ch. 48, par. 1603
5 ILCS 315/14 from Ch. 48, par. 1614
5 ILCS 350/2 from Ch. 127, par. 1302
5 ILCS 365/4 from Ch. 127, par. 354
5 ILCS 375/3 from Ch. 127, par. 523
5 ILCS 375/6.9
5 ILCS 375/6.11
5 ILCS 375/10 from Ch. 127, par. 530
5 ILCS 460/25 from Ch. 1, par. 2901-25
10 ILCS 5/7-34 from Ch. 46, par. 7-34
10 ILCS 5/16-4.1 from Ch. 46, par. 16-4.1
10 ILCS 5/17-23 from Ch. 46, par. 17-23
10 ILCS 5/20-13.1 from Ch. 46, par. 20-13.1
10 ILCS 5/23-6.1 from Ch. 46, par. 23-6.1
15 ILCS 305/11.1
15 ILCS 320/4 from Ch. 128, par. 104
15 ILCS 520/22.5 from Ch. 130, par. 41a
20 ILCS 301/30-5
20 ILCS 405/67.23 from Ch. 127, par. 63b13.23
20 ILCS 415/8b.7 from Ch. 127, par. 63b108b.7
20 ILCS 505/5 from Ch. 23, par. 5005
20 ILCS 505/17a-4 from Ch. 23, par. 5017a-4
20 ILCS 505/21 from Ch. 23, par. 5021
20 ILCS 605/46.6c from Ch. 127, par. 46.6c
20 ILCS 605/46.19j
20 ILCS 608/15
20 ILCS 665/4a from Ch. 127, par. 200-24a
20 ILCS 805/63a21.1 from Ch. 127, par. 63a21.1
20 ILCS 1105/16 from Ch. 96 1/2, par. 7415
20 ILCS 1115/3 from Ch. 96 1/2, par. 7603
20 ILCS 1705/69
20 ILCS 1705/70
20 ILCS 2215/4-4 from Ch. 111 1/2, par. 6504-4
20 ILCS 2310/55.84
20 ILCS 2310/55.85
20 ILCS 2310/55.87
20 ILCS 2310/55.88
20 ILCS 2435/45 from Ch. 23, par. 3395-45
20 ILCS 2605/55a from Ch. 127, par. 55a
20 ILCS 2805/2 from Ch. 126 1/2, par. 67
20 ILCS 3105/14 from Ch. 127, par. 783.01
20 ILCS 3705/17 from Ch. 111 1/2, par. 1117
25 ILCS 70/5 from Ch. 63, par. 42.85
30 ILCS 105/5.449
30 ILCS 105/5.450
30 ILCS 105/5.451
30 ILCS 105/5.453
30 ILCS 105/5.454
30 ILCS 105/5.455
30 ILCS 105/5.456
30 ILCS 105/5.457
30 ILCS 105/5.458
30 ILCS 105/5.459
30 ILCS 105/5.460
30 ILCS 105/5.461
30 ILCS 105/5.462
30 ILCS 105/5.463
30 ILCS 105/5.464
30 ILCS 105/5.465
30 ILCS 105/5.466
30 ILCS 105/5.467
30 ILCS 105/5.468
30 ILCS 105/5.469
30 ILCS 105/5.470
30 ILCS 105/5.471
30 ILCS 105/5.472
30 ILCS 105/5.473
30 ILCS 105/5.474
30 ILCS 105/5.475
30 ILCS 105/5.476
30 ILCS 105/5.477
30 ILCS 105/8.25 from Ch. 127, par. 144.25
30 ILCS 230/2 from Ch. 127, par. 171
30 ILCS 730/4 from Ch. 96 1/2, par. 8204
30 ILCS 805/8.21
35 ILCS 5/201 from Ch. 120, par. 2-201
35 ILCS 5/901 from Ch. 120, par. 9-901
35 ILCS 110/15 from Ch. 120, par. 439.45
35 ILCS 200/14-15
35 ILCS 200/15-35
35 ILCS 200/15-172
35 ILCS 200/15-175
35 ILCS 200/15-180
35 ILCS 200/18-165
35 ILCS 200/18-185
35 ILCS 200/19-60
35 ILCS 200/20-160
35 ILCS 200/21-260
35 ILCS 200/21-315
35 ILCS 200/22-90
35 ILCS 505/8 from Ch. 120, par. 424
35 ILCS 520/16 from Ch. 120, par. 2166
35 ILCS 620/5 from Ch. 120, par. 472
35 ILCS 635/25
40 ILCS 5/1-113 from Ch. 108 1/2, par. 1-113
40 ILCS 5/2-108.1 from Ch. 108 1/2, par. 2-108.1
40 ILCS 5/2-120 from Ch. 108 1/2, par. 2-120
40 ILCS 5/5-168.1 from Ch. 108 1/2, par. 5-168.1
40 ILCS 5/7-171 from Ch. 108 1/2, par. 7-171
40 ILCS 5/8-154 from Ch. 108 1/2, par. 8-154
40 ILCS 5/8-173 from Ch. 108 1/2, par. 8-173
40 ILCS 5/8-230.1 from Ch. 108 1/2, par. 8-230.1
40 ILCS 5/9-108 from Ch. 108 1/2, par. 9-108
40 ILCS 5/9-167 from Ch. 108 1/2, par. 9-167
40 ILCS 5/9-170.1 from Ch. 108 1/2, par. 9-170.1
40 ILCS 5/9-177 from Ch. 108 1/2, par. 9-177
40 ILCS 5/9-179.2 from Ch. 108 1/2, par. 9-179.2
40 ILCS 5/9-182 from Ch. 108 1/2, par. 9-182
40 ILCS 5/11-167 from Ch. 108 1/2, par. 11-167
40 ILCS 5/11-221.1 from Ch. 108 1/2, par. 11-221.1
40 ILCS 5/12-124 from Ch. 108 1/2, par. 12-124
40 ILCS 5/14-103.13 from Ch. 108 1/2, par. 14-103.13
40 ILCS 5/14-104 from Ch. 108 1/2, par. 14-104
40 ILCS 5/14-104.5 from Ch. 108 1/2, par. 14-104.5
40 ILCS 5/14-104.10
40 ILCS 5/14-104.11
40 ILCS 5/14-108 from Ch. 108 1/2, par. 14-108
40 ILCS 5/15-106 from Ch. 108 1/2, par. 15-106
40 ILCS 5/15-134 from Ch. 108 1/2, par. 15-134
40 ILCS 5/15-136 from Ch. 108 1/2, par. 15-136
40 ILCS 5/15-157 from Ch. 108 1/2, par. 15-157
40 ILCS 5/15-185 from Ch. 108 1/2, par. 15-185
40 ILCS 5/16-140 from Ch. 108 1/2, par. 16-140
40 ILCS 5/17-116.6
40 ILCS 5/17-127 from Ch. 108 1/2, par. 17-127
40 ILCS 5/17-129 from Ch. 108 1/2, par. 17-129
40 ILCS 5/17-156.1 from Ch. 108 1/2, par. 17-156.1
45 ILCS 140/1 from Ch. 127, par. 63v-1
50 ILCS 105/3 from Ch. 102, par. 3
50 ILCS 445/6 from Ch. 85, par. 876
55 ILCS 5/3-7002 from Ch. 34, par. 3-7002
55 ILCS 5/3-7005 from Ch. 34, par. 3-7005
55 ILCS 5/3-14010 from Ch. 34, par. 3-14010
55 ILCS 5/5-1006.5
55 ILCS 5/5-1012 from Ch. 34, par. 5-1012
55 ILCS 5/5-1093 from Ch. 34, par. 5-1093
55 ILCS 5/5-12001 from Ch. 34, par. 5-12001
55 ILCS 5/5-30004 from Ch. 34, par. 5-30004
55 ILCS 5/5-30011 from Ch. 34, par. 5-30011
55 ILCS 5/6-5002 from Ch. 34, par. 6-5002
55 ILCS 5/6-12003 from Ch. 34, par. 6-12003
55 ILCS 85/3 from Ch. 34, par. 7003
55 ILCS 85/8 from Ch. 34, par. 7008
60 ILCS 1/70-15
60 ILCS 1/145-20
65 ILCS 5/8-4-15 from Ch. 24, par. 8-4-15
65 ILCS 5/8-11-2 from Ch. 24, par. 8-11-2
65 ILCS 5/9-2-78 from Ch. 24, par. 9-2-78
65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6
65 ILCS 5/10-2.1-14 from Ch. 24, par. 10-2.1-14
65 ILCS 5/11-6-2 from Ch. 24, par. 11-6-2
65 ILCS 5/11-19.2-1 from Ch. 24, par. 11-19.2-1
65 ILCS 5/11-74-2 from Ch. 24, par. 11-74-2
65 ILCS 5/11-74.6-10
65 ILCS 5/11-119.1-12 from Ch. 24, par. 11-119.1-12
65 ILCS 110/5
70 ILCS 10/4 from Ch. 15 1/2, par. 254
70 ILCS 200/105-5
70 ILCS 200/170-30
70 ILCS 200/255-45
70 ILCS 200/255-90
70 ILCS 505/Act title
70 ILCS 525/2004 from Ch. 85, par. 7504
70 ILCS 805/2 from Ch. 96 1/2, par. 6303
70 ILCS 1005/3 from Ch. 111 1/2, par. 76
70 ILCS 1205/8-21 from Ch. 105, par. 8-21
70 ILCS 1505/17 from Ch. 105, par. 333.17
70 ILCS 1805/28 from Ch. 19, par. 628
70 ILCS 1820/2.21 from Ch. 19, par. 852.21
70 ILCS 1820/16 from Ch. 19, par. 866
70 ILCS 2205/27.1 from Ch. 42, par. 273.1
70 ILCS 2305/12 from Ch. 42, par. 288
70 ILCS 2305/29 from Ch. 42, par. 296.9
70 ILCS 2405/25 from Ch. 42, par. 317g
70 ILCS 2405/26 from Ch. 42, par. 317h
70 ILCS 2605/3.1 from Ch. 42, par. 322.1
70 ILCS 2605/5.7 from Ch. 42, par. 324q
70 ILCS 2605/8a from Ch. 42, par. 327a
70 ILCS 2605/19a from Ch. 42, par. 340
70 ILCS 2805/1 from Ch. 42, par. 412
70 ILCS 2805/4.1 from Ch. 42, par. 415.1
70 ILCS 3110/1 from Ch. 111 1/2, par. 7101
70 ILCS 3405/19 from Ch. 42, par. 466
70 ILCS 3715/2 from Ch. 111 2/3, par. 224
75 ILCS 5/5-9 from Ch. 81, par. 5-9
105 ILCS 5/2-3.25g from Ch. 122, par. 2-3.25g
105 ILCS 5/2-3.120
105 ILCS 5/2-3.123
105 ILCS 5/2-3.125
105 ILCS 5/9-11.2 from Ch. 122, par. 9-11.2
105 ILCS 5/10-10 from Ch. 122, par. 10-10
105 ILCS 5/10-22.3a from Ch. 122, par. 10-22.3a
105 ILCS 5/10-22.31 from Ch. 122, par. 10-22.31
105 ILCS 5/17-2.2c from Ch. 122, par. 17-2.2c
105 ILCS 5/18-8 from Ch. 122, par. 18-8
105 ILCS 5/18-8.05
105 ILCS 225/5 from Ch. 122, par. 1955
110 ILCS 205/9.21 from Ch. 144, par. 189.21
110 ILCS 805/2-12.1 from Ch. 122, par. 102-12.1
110 ILCS 805/2-16.02 from Ch. 122, par. 102-16.02
110 ILCS 805/7-13 from Ch. 122, par. 107-13
110 ILCS 940/1 from Ch. 127, par. 63b131
205 ILCS 5/5 from Ch. 17, par. 311
205 ILCS 5/14 from Ch. 17, par. 321
205 ILCS 5/17 from Ch. 17, par. 324
205 ILCS 5/48.4
205 ILCS 5/48.5
205 ILCS 10/3.071 from Ch. 17, par. 2510.01
205 ILCS 105/3-11 from Ch. 17, par. 3303-11
205 ILCS 205/1007.115
205 ILCS 205/1007.120
205 ILCS 205/1008 from Ch. 17, par. 7301-8
205 ILCS 305/13 from Ch. 17, par. 4414
205 ILCS 305/58 from Ch. 17, par. 4459
205 ILCS 510/5 from Ch. 17, par. 4655
205 ILCS 620/1-2 from Ch. 17, par. 1551-2
205 ILCS 620/1-6 from Ch. 17, par. 1551-6
205 ILCS 620/2-12
205 ILCS 620/2-13
205 ILCS 620/6-10 from Ch. 17, par. 1556-10
205 ILCS 645/20
205 ILCS 645/21
205 ILCS 650/7
205 ILCS 650/8
205 ILCS 690/30
210 ILCS 3/25
210 ILCS 25/7-101 from Ch. 111 1/2, par. 627-101
210 ILCS 30/6.2 from Ch. 111 1/2, par. 4166.2
210 ILCS 45/3-508 from Ch. 111 1/2, par. 4153-508
210 ILCS 50/3.200
210 ILCS 50/3.205
210 ILCS 65/55 from Ch. 111 1/2, par. 9055
210 ILCS 85/10.4 from Ch. 111 1/2, par. 151.4
210 ILCS 87/15
215 ILCS 5/74 from Ch. 73, par. 686
215 ILCS 5/109 from Ch. 73, par. 721
215 ILCS 5/131.20a from Ch. 73, par. 743.20a
215 ILCS 5/132.2 from Ch. 73, par. 744.2
215 ILCS 5/149 from Ch. 73, par. 761
215 ILCS 5/155.31
215 ILCS 5/155.33
215 ILCS 5/155.34
215 ILCS 5/155.35
215 ILCS 5/229.4 from Ch. 73, par. 841.4
215 ILCS 5/245.21 from Ch. 73, par. 857.21
215 ILCS 5/355a from Ch. 73, par. 967a
215 ILCS 5/356t
215 ILCS 5/356v
215 ILCS 5/367.3 from Ch. 73, par. 979.3
215 ILCS 5/367h from Ch. 73, par. 979h
215 ILCS 5/370h from Ch. 73, par. 982h
215 ILCS 5/499.1 from Ch. 73, par. 1065.46-1
215 ILCS 5/509.1 from Ch. 73, par. 1065.56-1
215 ILCS 5/513a2 from Ch. 73, par. 1065.60a2
215 ILCS 5/810.1
215 ILCS 5/817.1
215 ILCS 5/1003 from Ch. 73, par. 1065.703
215 ILCS 105/8 from Ch. 73, par. 1308
215 ILCS 123/15
215 ILCS 125/1-2 from Ch. 111 1/2, par. 1402
215 ILCS 125/3-1 from Ch. 111 1/2, par. 1407.3
215 ILCS 125/4-6.1 from Ch. 111 1/2, par. 1408.7
215 ILCS 125/4-17
215 ILCS 125/4-18
215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2
215 ILCS 125/5-6 from Ch. 111 1/2, par. 1414
215 ILCS 125/6-8 from Ch. 111 1/2, par. 1418.8
215 ILCS 130/4003 from Ch. 73, par. 1504-3
215 ILCS 165/10 from Ch. 32, par. 604
220 ILCS 5/2-202 from Ch. 111 2/3, par. 2-202
220 ILCS 5/8-102 from Ch. 111 2/3, par. 8-102
220 ILCS 5/9-212 from Ch. 111 2/3, par. 9-212
220 ILCS 5/9-216 from Ch. 111 2/3, par. 9-216
220 ILCS 5/13-505.7
220 ILCS 5/13-505.8
220 ILCS 5/13-506
225 ILCS 50/5 from Ch. 111, par. 7405
225 ILCS 55/95 from Ch. 111, par. 8351-95
225 ILCS 63/120
225 ILCS 65/3 from Ch. 111, par. 3503
225 ILCS 65/4 from Ch. 111, par. 3504
225 ILCS 65/24 from Ch. 111, par. 3524
225 ILCS 80/3 from Ch. 111, par. 3903
225 ILCS 80/24 from Ch. 111, par. 3924
225 ILCS 85/3 from Ch. 111, par. 4123
225 ILCS 85/4 from Ch. 111, par. 4124
225 ILCS 85/33 from Ch. 111, par. 4153
225 ILCS 90/23 from Ch. 111, par. 4273
225 ILCS 95/6 from Ch. 111, par. 4606
225 ILCS 95/21 from Ch. 111, par. 4621
225 ILCS 105/11 from Ch. 111, par. 5011
225 ILCS 106/95
225 ILCS 115/3 from Ch. 111, par. 7003
225 ILCS 115/11 from Ch. 111, par. 7011
225 ILCS 115/26 from Ch. 111, par. 7026
225 ILCS 215/17 from Ch. 111, par. 8017
225 ILCS 330/15 from Ch. 111, par. 3265
225 ILCS 420/9 from Ch. 111, par. 7659
225 ILCS 450/20.01 from Ch. 111, par. 5521.01
225 ILCS 515/5 from Ch. 111, par. 905
225 ILCS 650/3 from Ch. 56 1/2, par. 303
225 ILCS 720/3.11 from Ch. 96 1/2, par. 7903.11
225 ILCS 720/8.10 from Ch. 96 1/2, par. 7908.10
225 ILCS 745/170
235 ILCS 5/3-12 from Ch. 43, par. 108
235 ILCS 5/5-1 from Ch. 43, par. 115
235 ILCS 5/6-6 from Ch. 43, par. 123
235 ILCS 5/6-11 from Ch. 43, par. 127
235 ILCS 5/6-16 from Ch. 43, par. 131
305 ILCS 5/4-2 from Ch. 23, par. 4-2
305 ILCS 5/4-8 from Ch. 23, par. 4-8
305 ILCS 5/5-4 from Ch. 23, par. 5-4
305 ILCS 5/5-16.3
305 ILCS 5/5-16.6
305 ILCS 5/5-22
305 ILCS 5/9A-9 from Ch. 23, par. 9A-9
305 ILCS 5/10-10 from Ch. 23, par. 10-10
305 ILCS 5/10-11 from Ch. 23, par. 10-11
305 ILCS 5/10-16.2 from Ch. 23, par. 10-16.2
305 ILCS 5/11-8 from Ch. 23, par. 11-8
305 ILCS 5/12-4.11 from Ch. 23, par. 12-4.11
305 ILCS 5/12-4.31
305 ILCS 5/12-4.101
305 ILCS 5/12-17.4 from Ch. 23, par. 12-17.4
310 ILCS 10/25.04 from Ch. 67 1/2, par. 25.04
310 ILCS 10/25.05 from Ch. 67 1/2, par. 25.05
325 ILCS 30/7 from Ch. 23, par. 4107
410 ILCS 205/7 from Ch. 23, par. 2337
410 ILCS 215/5 from Ch. 111 1/2, par. 4705
410 ILCS 620/20 from Ch. 56 1/2, par. 520
415 ILCS 5/21 from Ch. 111 1/2, par. 1021
415 ILCS 5/21.3 from Ch. 111 1/2, par. 1021.3
415 ILCS 5/22.2b
415 ILCS 5/22.44
415 ILCS 5/39 from Ch. 111 1/2, par. 1039
415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2
415 ILCS 5/39.3 from Ch. 111 1/2, par. 1039.3
415 ILCS 5/44 from Ch. 111 1/2, par. 1044
415 ILCS 20/3 from Ch. 111 1/2, par. 7053
415 ILCS 55/8 from Ch. 111 1/2, par. 7458
415 ILCS 60/23 from Ch. 5, par. 823
415 ILCS 110/2013 from Ch. 96 1/2, par. 9763
420 ILCS 20/13 from Ch. 111 1/2, par. 241-13
420 ILCS 20/19 from Ch. 111 1/2, par. 241-19
420 ILCS 40/15 from Ch. 111 1/2, par. 210-15
420 ILCS 40/35 from Ch. 111 1/2, par. 210-35
425 ILCS 65/6 from Ch. 127 1/2, par. 706
425 ILCS 65/8 from Ch. 127 1/2, par. 708
430 ILCS 30/11.1 from Ch. 95 1/2, par. 700-11.1
430 ILCS 65/8 from Ch. 38, par. 83-8
505 ILCS 25/1 from Ch. 5, par. 1401
510 ILCS 90/7 from Ch. 8, par. 807
515 ILCS 5/15-32 from Ch. 56, par. 15-32
520 ILCS 5/2.26 from Ch. 61, par. 2.26
605 ILCS 5/6-207 from Ch. 121, par. 6-207
605 ILCS 5/6-512 from Ch. 121, par. 6-512
615 ILCS 10/18 from Ch. 19, par. 96
615 ILCS 30/2 from Ch. 19, par. 9
615 ILCS 60/1 from Ch. 19, par. 41
620 ILCS 25/19 from Ch. 15 1/2, par. 48.19
620 ILCS 50/45 from Ch. 15 1/2, par. 149
620 ILCS 50/61 from Ch. 15 1/2, par. 165
625 ILCS 5/1-197.5 from Ch. 95 1/2, par. 1-203.1
625 ILCS 5/1-201 from Ch. 95 1/2, par. 1-201
625 ILCS 5/2-123 from Ch. 95 1/2, par. 2-123
625 ILCS 5/3-104 from Ch. 95 1/2, par. 3-104
625 ILCS 5/3-112 from Ch. 95 1/2, par. 3-112
625 ILCS 5/3-201 from Ch. 95 1/2, par. 3-201
625 ILCS 5/3-412 from Ch. 95 1/2, par. 3-412
625 ILCS 5/3-639
625 ILCS 5/3-641
625 ILCS 5/3-642
625 ILCS 5/4-304 from Ch. 95 1/2, par. 4-304
625 ILCS 5/6-206 from Ch. 95 1/2, par. 6-206
625 ILCS 5/6-301.2 from Ch. 95 1/2, par. 6-301.2
625 ILCS 5/6-507 from Ch. 95 1/2, par. 6-507
625 ILCS 5/7-309 from Ch. 95 1/2, par. 7-309
625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208
625 ILCS 5/11-209 from Ch. 95 1/2, par. 11-209
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
625 ILCS 5/11-1301.5
625 ILCS 5/11-1301.7
625 ILCS 5/12-215 from Ch. 95 1/2, par. 12-215
625 ILCS 5/12-601 from Ch. 95 1/2, par. 12-601
625 ILCS 5/12-603 from Ch. 95 1/2, par. 12-603
625 ILCS 5/15-107 from Ch. 95 1/2, par. 15-107
625 ILCS 5/15-108 from Ch. 95 1/2, par. 15-108
625 ILCS 5/15-111 from Ch. 95 1/2, par. 15-111
625 ILCS 5/15-301 from Ch. 95 1/2, par. 15-301
625 ILCS 5/16-102.5
625 ILCS 5/18b-105 from Ch. 95 1/2, par. 18b-105
625 ILCS 5/18c-3203 from Ch. 95 1/2, par. 18c-3203
625 ILCS 5/18c-6302 from Ch. 95 1/2, par. 18c-6302
625 ILCS 5/18c-7503 from Ch. 95 1/2, par. 18c-7503
625 ILCS 45/5-16
625 ILCS 45/5-19 from Ch. 95 1/2, par. 315-14
705 ILCS 105/27.7
705 ILCS 105/27.8
705 ILCS 105/27.9
705 ILCS 405/1-3 from Ch. 37, par. 801-3
705 ILCS 405/1-8 from Ch. 37, par. 801-8
705 ILCS 405/2-10 from Ch. 37, par. 802-10
705 ILCS 405/2-14 from Ch. 37, par. 802-14
705 ILCS 405/2-22 from Ch. 37, par. 802-22
705 ILCS 405/2-23 from Ch. 37, par. 802-23
705 ILCS 405/2-25 from Ch. 37, par. 802-25
705 ILCS 405/2-27 from Ch. 37, par. 802-27
705 ILCS 405/2-28 from Ch. 37, par. 802-28
705 ILCS 405/2-28.01
705 ILCS 405/2-28.1
705 ILCS 405/2-31 from Ch. 37, par. 802-31
705 ILCS 405/3-26 from Ch. 37, par. 803-26
705 ILCS 405/3-33 from Ch. 37, par. 803-33
705 ILCS 405/4-23 from Ch. 37, par. 804-23
705 ILCS 405/6-9 from Ch. 37, par. 806-9
705 ILCS 505/21 from Ch. 37, par. 439.21
710 ILCS 15/2 from Ch. 10, par. 202
710 ILCS 25/25 from Ch. 10, par. 251-25
720 ILCS 5/9-3 from Ch. 38, par. 9-3
720 ILCS 5/11-9.2
720 ILCS 5/11-9.3
720 ILCS 5/12-6.2
720 ILCS 5/16-5 from Ch. 38, par. 16-5
720 ILCS 5/16-10 from Ch. 38, par. 16-10
720 ILCS 5/31A-1.2 from Ch. 38, par. 31A-1.2
720 ILCS 5/36-1 from Ch. 38, par. 36-1
720 ILCS 5/47-15
720 ILCS 400/1 from Ch. 5, par. 231
720 ILCS 570/402 from Ch. 56 1/2, par. 1402
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3
730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3
730 ILCS 5/5-6-3.1 from Ch. 38, par. 1005-6-3.1
730 ILCS 5/5-7-1 from Ch. 38, par. 1005-7-1
730 ILCS 5/5-9-1 from Ch. 38, par. 1005-9-1
730 ILCS 5/5-9-1.4 from Ch. 38, par. 1005-9-1.4
730 ILCS 5/5-9-1.10
730 ILCS 150/2 from Ch. 38, par. 222
730 ILCS 150/10 from Ch. 38, par. 230
730 ILCS 152/Art. 1 heading
735 ILCS 5/2-1401 from Ch. 110, par. 2-1401
735 ILCS 5/7-103 from Ch. 110, par. 7-103
735 ILCS 5/12-112 from Ch. 110, par. 12-112
735 ILCS 5/13-113 from Ch. 110, par. 13-113
735 ILCS 5/13-202.1 from Ch. 110, par. 13-202.1
735 ILCS 5/14-103 from Ch. 110, par. 14-103
740 ILCS 45/2 from Ch. 70, par. 72
740 ILCS 57/60
740 ILCS 110/5 from Ch. 91 1/2, par. 805
740 ILCS 110/11 from Ch. 91 1/2, par. 811
750 ILCS 5/505 from Ch. 40, par. 505
750 ILCS 5/706.1 from Ch. 40, par. 706.1
750 ILCS 15/3 from Ch. 40, par. 1106
750 ILCS 15/4.1 from Ch. 40, par. 1107.1
750 ILCS 22/605
750 ILCS 45/14 from Ch. 40, par. 2514
750 ILCS 45/20 from Ch. 40, par. 2520
750 ILCS 50/1 from Ch. 40, par. 1501
750 ILCS 50/10 from Ch. 40, par. 1512
750 ILCS 50/20 from Ch. 40, par. 1524
755 ILCS 5/9-3 from Ch. 110 1/2, par. 9-3
755 ILCS 40/10 from Ch. 110 1/2, par. 851-10
755 ILCS 43/75
755 ILCS 45/2-1 from Ch. 110 1/2, par. 802-1
760 ILCS 35/1 from Ch. 148, par. 301
760 ILCS 100/9 from Ch. 21, par. 64.9
765 ILCS 30/7 from Ch. 30, par. 227
765 ILCS 45/11 from Ch. 116, par. 15
765 ILCS 90/5 from Ch. 30, par. 905
765 ILCS 605/19 from Ch. 30, par. 319
765 ILCS 745/11 from Ch. 80, par. 211
765 ILCS 1070/Act title
765 ILCS 1070/1 from Ch. 30, par. 154
805 ILCS 5/1.80 from Ch. 32, par. 1.80
810 ILCS 5/4A-204 from Ch. 26, par. 4A-204
815 ILCS 5/2.3 from Ch. 121 1/2, par. 137.2-3
815 ILCS 5/8 from Ch. 121 1/2, par. 137.8
815 ILCS 375/11.1 from Ch. 121 1/2, par. 571.1
815 ILCS 375/20 from Ch. 121 1/2, par. 580
815 ILCS 385/0.01 from Ch. 121 1/2, par. 349
815 ILCS 710/4 from Ch. 121 1/2, par. 754
815 ILCS 720/9 from Ch. 43, par. 309
820 ILCS 150/1 from Ch. 48, par. 35a
820 ILCS 405/1900 from Ch. 48, par. 640