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Public Act 91-0357
SB745 Enrolled LRB9101253EGfg
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 1999 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 In certain cases in which a repealed Act or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incorporates amendments to the repealed Act or Section into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 90-567 through 90-810 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.
Section 5. The Regulatory Sunset Act is amended by
changing Section 4.18 as follows:
(5 ILCS 80/4.18)
Sec. 4.18. Acts repealed January 1, 2008. The following
Acts are repealed on January 1, 2008: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 and Advanced Practice Nursing Act of
1987.
The Illinois Petroleum Education and Marketing Act.
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.
The Real Estate Appraiser Licensing Act.
(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; 90-571,
eff. 7-1-98; incorporates 90-614, eff. 7-10-98; 90-655, eff
7-30-98; revised 9-23-98.)
(5 ILCS 80/4.19 rep.)
Section 5.1. The Regulatory Sunset Act is amended by
repealing Section 4.19 as added by Public Act 90-614.
Section 6. The Illinois Administrative Procedure Act is
amended by changing Sections 5-45 and 5-100 as follows:
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation
that any agency finds reasonably constitutes a threat to the
public interest, safety, or welfare.
(b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required
by Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency
rulemaking with the Secretary of State under Section 5-70.
The notice shall include the text of the emergency rule and
shall be published in the Illinois Register. Consent orders
or other court orders adopting settlements negotiated by an
agency may be adopted under this Section. Subject to
applicable constitutional or statutory provisions, an
emergency rule becomes effective immediately upon filing
under Section 5-65 or at a stated date less than 10 days
thereafter. The agency's finding and a statement of the
specific reasons for the finding shall be filed with the
rule. The agency shall take reasonable and appropriate
measures to make emergency rules known to the persons who may
be affected by them.
(c) An emergency rule may be effective for a period of
not longer than 150 days, but the agency's authority to adopt
an identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24 month
period, except that this limitation on the number of
emergency rules that may be adopted in a 24 month period does
not apply to (i) emergency rules that make additions to and
deletions from the Drug Manual under Section 5-5.16 of the
Illinois Public Aid Code or the generic drug formulary under
Section 3.14 of the Illinois Food, Drug and Cosmetic Act or
(ii) emergency rules adopted by the Pollution Control Board
before July 1, 1997 to implement portions of the Livestock
Management Facilities Act. Two or more emergency rules
having substantially the same purpose and effect shall be
deemed to be a single rule for purposes of this Section.
(d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act
90-587 or 90-588 this amendatory Act of 1998 or any other
budget initiative for fiscal year 1999 may be adopted in
accordance with this Section by the agency charged with
administering that provision or initiative, except that the
24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (d). The adoption of
emergency rules authorized by this subsection (d) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(Source: P.A. 89-714, eff. 2-21-97; 90-9, eff. 7-1-97;
90-587, eff. 7-1-98; 90-588, eff. 7-1-98; revised 9-16-98.)
(5 ILCS 100/5-80) (from Ch. 127, par. 1005-80)
Sec. 5-80. Publication of rules.
(a) The Secretary of State shall, by rule, prescribe a
uniform system for the codification of rules. The Secretary
of State shall also, by rule, establish a schedule for
compliance with the uniform codification system. The
Secretary of State shall not adopt any codification system or
schedule under this subsection without the approval of the
Joint Committee on Administrative Rules. Approval by the
Joint Committee shall be conditioned solely upon establishing
that the proposed codification system and schedule are
compatible with existing electronic data processing equipment
and programs maintained by and for the General Assembly.
Nothing in this Section shall prohibit an agency from
adopting rules in compliance with the codification system
earlier than specified in the schedule.
(b) Each rule proposed in compliance with the
codification system shall be reviewed by the Secretary of
State before the expiration of the public notice period under
subsection (b) of Section 5-40. The Secretary of State shall
cooperate with agencies in the Secretary of State's review to
insure that the purposes of the codification system are
accomplished. The Secretary of State shall have the authority
to make changes in the numbering and location of the rule in
the codification scheme if those changes do not affect the
meaning of the rules. The Secretary of State may recommend
changes in the sectioning and headings proposed by the agency
and suggest grammatical and technical changes to correct
errors. The Secretary of State may add notes concerning the
statutory authority, dates proposed and adopted, and other
similar notes to the text of the rules, if the notes are not
supplied by the agency. This review by the Secretary of
State shall be for the purpose of insuring the uniformity of
and compliance with the codification system. The Secretary
of State shall prepare indexes by agency, subject matter, and
statutory authority and any other necessary indexes, tables,
and other aids for locating rules to assist the public in the
use of the Code.
(c) The Secretary of State shall make available to the
agency and the Joint Committee on Administrative Rules copies
of the changes in the numbering and location of the rule in
the codification scheme, the recommended changes in the
sectioning and headings, and the suggestions made concerning
the correction of grammatical and technical errors or other
suggested changes. The agency, in the notice required by
subsection (c) of Section 5-40, shall provide to the Joint
Committee a response to the recommendations of the Secretary
of State including any reasons for not adopting the
recommendations.
(d) If a reorganization of agencies, transfer of
functions between agencies, or abolishment of agencies by
executive order or law affects rules on file with the
Secretary of State, the Secretary of State shall notify the
Governor, the Attorney General, and the agencies involved of
the effects upon the rules on file. If the Governor or the
agencies involved do not respond to the Secretary of State's
notice within 45 days by instructing the Secretary of State
to delete or transfer the rules, the Secretary of State may
delete or place the rules under the appropriate agency for
the purpose of insuring the consistency of the codification
scheme and shall notify the Governor, the Attorney General,
and the agencies involved.
(e) (Blank).
(f) The Secretary of State shall ensure that the
Illinois Administrative Code is published and made available
to the public in a form that is updated at least annually.
The Code shall contain the complete text of all rules of all
State agencies filed with the Secretary's office and
effective on October 1, 1984, or later and the indexes,
tables, and other aids for locating rules prepared by the
Secretary of State. The Secretary of State shall design the
Illinois Register to supplement the Code. The Secretary of
State shall ensure that copies of the Illinois Register are
available to the public and governmental entities and
agencies.
If the Secretary of State determines that the Secretary's
office will publish and distribute either the Register or the
Code, the Secretary shall make copies available to the public
at a reasonable fee, established by the Secretary by rule,
and shall make copies available to governmental entities and
agencies at a price covering publication and mailing costs
only.
The Secretary of State shall make the electronically
stored database of the Illinois Register and the Code
available in accordance with this Section and Section 5.08 of
the Legislative Information System Act.
(g) The publication of a rule in the Code or in the
Illinois Register as an adopted rule shall establish a
rebuttable presumption that the rule was duly filed and that
the text of the rule as published in the Code is the text of
the rule as adopted. Publication of the text of a rule in any
other location whether by the agency or some other person
shall not be taken as establishing such a presumption.
Judicial or official notice shall be taken of the text of
each rule published in the Code or Register.
(h) The codification system, the indexes, tables, and
other aids for locating rules prepared by the Secretary of
State, notes, and other materials developed under this
Section in connection with the publication of the Illinois
Administrative Code and the Illinois Register shall be the
official compilations of the administrative rules of Illinois
and shall be entirely in the public domain for purposes of
federal copyright law.
(i) The Legislative Information System shall maintain on
its electronic data processing equipment the complete text of
the Illinois Register and Illinois Administrative Code
created in compliance with this Act. This electronic
information shall be made available for use in the
publication of the Illinois Register and Illinois
Administrative Code by the Secretary of State if the
Secretary determines that his office will publish these
materials as authorized by subsection (f).
(j) The Legislative Information System, upon
consultation with the Joint Committee on Administrative Rules
and the Secretary of State, shall make the electronically
stored database of the Illinois Register and the Illinois
Administrative Code available in an electronically stored
medium to those who request it. The Legislative Information
System shall establish and charge a reasonable fee for
providing the electronic information. Amounts received under
this Section shall be deposited into the General Assembly
Computer Equipment Revolving Fund.
(Source: P.A. 87-823; 88-535; revised 10-31-98.)
Section 7. 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) Information the disclosure of which is
restricted and exempted under Section 50 of the Illinois
Prepaid Tuition Act.
(hh) Information the disclosure of which is
exempted under Section 80 of the State Gift Ban Act.
(ii) Beginning July 1, 1999, (hh) information that
would disclose or might lead to the disclosure of secret
or confidential information, codes, algorithms, programs,
or private keys intended to be used to create electronic
or digital signatures under the Electronic Commerce
Security 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; 90-655, eff. 7-30-98; 90-737, eff.
1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.)
Section 8. The Illinois Notary Public Act is amended by
changing Sections 2-104 and 3-106 as follows:
(5 ILCS 312/2-104) (from Ch. 102, par. 202-104)
Sec. 2-104. Oath. Every applicant for appointment and
commission as a notary public shall take the following oath
in the presence of a person qualified to administer an oath
in this State:
"I, (name of applicant), solemnly affirm, under the
penalty of perjury, that the answers to all questions in this
application are true, complete, and correct; that I have
carefully read the notary law of this State; and that, if
appointed and commissioned as a notary public, I will perform
faithfully, to the best of my ability, all notarial acts in
accordance with the law.
................. (Signature of applicant)
Subscribed and affirmed before me on (insert date). this
____ day of ____, 19__.
................... (Official signature and official seal
of notary)".
(Source: P.A. 84-322; revised 10-20-98.)
(5 ILCS 312/3-106) (from Ch. 102, par. 203-106)
Sec. 3-106. Certificate of Authority. Upon the receipt
of a written request, the notarized document, and a fee of $2
payable to the Secretary of State or County Clerk, the Office
of the Secretary of State or County Clerk shall provide a
certificate of authority in substantially the following form:
I ............... (Secretary of State or ......... County
Clerk) of the State of Illinois, which office is an office of
record having a seal, certify that ........ (notary's name),
by whom the foregoing or annexed document was notarized, was,
on (insert date), the ____ day of ____, 19__, appointed and
commissioned a notary public in and for the State of Illinois
and that as such, full faith and credit is and ought to be
given to this notary's official attestations. In testimony
whereof, I have affixed my signature and the seal of this
office on (insert date). this ____ day of ____, 19__.
................................................
(Secretary of State or ...... County Clerk).
(Source: P.A. 84-322; revised 10-20-98.)
Section 9. The Voluntary Payroll Deductions Act of 1983
is amended by changing Sections 3 and 7 as follows:
(5 ILCS 340/3) (from Ch. 15, par. 503)
Sec. 3. Definitions. As used in this Act unless the
context otherwise requires:
(a) "Employee" means any regular officer or employee who
receives salary or wages for personal services rendered to
the State of Illinois.
(b) "Qualified organization" means an organization
representing one or more benefiting agencies, which
organization is designated by the State Comptroller as
qualified to receive payroll deductions under this Act. An
organization desiring to be designated as a qualified
organization shall:
(1) Submit written designations on forms approved
by the State Comptroller by 4,000 or more employees, in
which such employees indicate that the organization is
one for which the employee intends to authorize
withholding. The forms shall require the name, social
security number, and employing State agency for each
employee. Upon notification by the Comptroller that such
forms have been approved, the organization shall, within
30 days, notify in writing the Governor or his designee
of its intention to obtain the required number of
designations. Such organization shall have 12 months
from that date, to obtain the necessary designations. The
signed forms and signatures on the forms shall be subject
to verification by the State Comptroller;
(2) Certify that all benefiting agencies are tax
exempt under Section 501(c)(3) of the Internal Revenue
Code;
(3) Certify that all benefiting agencies are in
compliance with the Illinois Human Rights Act;
(4) Certify that all benefiting agencies are in
compliance with the Charitable Trust Act and the
Solicitation for Charity Act;
(5) Certify that all benefiting agencies actively
conduct health or welfare programs and provide services
to individuals directed at one or more of the following
common human needs within a community: service, research,
and education in the health fields; family and child care
services; protective services for children and adults;
services for children and adults in foster care; services
related to the management and maintenance of the home;
day care services for adults; transportation services;
information, referral and counseling services; services
to eliminate illiteracy; the preparation and delivery of
meals; adoption services; emergency shelter care and
relief services; disaster relief services; safety
services; neighborhood and community organization
services; recreation services; social adjustment and
rehabilitation services; health support services; or a
combination of such services designed to meet the special
needs of specific groups, such as children and youth, the
ill and infirm, and the physically handicapped; and that
all such benefiting agencies provide the above described
services to individuals and their families in the
community and surrounding area in which the organization
conducts its fund drive, or that such benefiting agencies
provide relief to victims of natural disasters and other
emergencies on a where and as needed basis;
(6) Certify that the organization has disclosed the
percentage of the organization's total collected receipts
from employees that are distributed to the benefiting
agencies and the percentage of the organization's total
collected receipts from employees that are expended for
fund-raising and overhead costs. These percentages shall
be the same percentage figures annually disclosed by the
organization to the Attorney General. The disclosure
shall be made to all solicited employees and shall be in
the form of a factual statement on all petitions and in
the campaign's employee brochure;
(7) Certify that all benefiting agencies receiving
funds which the employee has requested or designated for
distribution to a particular community and surrounding
area use a majority of such funds distributed for
services in the actual provision of services in that
community and surrounding area;
(8) Certify that neither it nor its member
organizations will solicit State employees for
contributions at their workplace, except pursuant to this
Act and the rules promulgated thereunder. Each qualified
organization, and each participating United Fund, is
encouraged to cooperate with all others and with all
State agencies and educational institutions so as to
simplify procedures, to resolve differences and to
minimize costs;
(9) Certify that it will pay its share of the
campaign costs and will comply with the Code of Campaign
Conduct as approved by the Governor or other agency as
designated by the Governor;
(10) Certify that it maintains a year-round office,
the telephone number, and person responsible for the
operations of the organization in Illinois. That
information shall be provided to the State Comptroller at
the time the organization is seeking participation under
this Act; and
(11) Provide (i) an annual audit, in conformance
with generally accepted accounting procedures and current
to within 12 months of the organization's fiscal
year-end, (ii) Internal Revenue Service Form 990 covering
the same period as the submitted audit, and (iii) an
annual report of the organization's activities, current
to within 12 months of the organization's fiscal year. If
a qualifying organization represents more than one
benefiting agency, it shall also certify that the
documentation required by this paragraph is on file for
those agencies. The Comptroller is authorized to request
documentation of the qualifying organization for any or
all of the benefiting agencies upon written request. The
qualifying organization shall have 10 business days to
respond after it receives the request.
Each qualified organization shall submit to the State
Comptroller between January 1 and March 1 of each year, a
statement that the organization is in compliance with all of
the requirements set forth in paragraphs (2) through (11).
The State Comptroller shall exclude any organization that
fails to submit the statement from the next solicitation
period.
In order to be designated as a qualified organization,
the organization shall have existed at least 2 years prior to
submitting the written designation forms required in
paragraph (1) and shall certify to the State Comptroller that
such organization has been providing services described in
paragraph (5) in Illinois. If the organization seeking
designation represents more than one benefiting agency, it
need not have existed for 2 years but shall certify to the
State Comptroller that each of its benefiting agencies has
existed for at least 2 years prior to submitting the written
designation forms required in paragraph (1) and that each has
been providing services described in paragraph (5) in
Illinois.
Organizations which have met the requirements of this Act
shall be permitted to participate in the State and
Universities Combined Appeal as of January 1st of the year
immediately following their approval by the Comptroller.
Where the certifications described in paragraphs (2),
(3), (4), (5), (6), (7), (8), (9), (10), and (11) 2, 3, 4, 5,
6, 7, 8, 9, 10, and 11 above are made by an organization
representing more than one benefiting agency they shall be
based upon the knowledge and belief of such qualified
organization. Any qualified organization shall immediately
notify the State Comptroller in writing if the qualified
organization receives information or otherwise believes that
a benefiting agency is no longer in compliance with the
certification of the qualified organization. A qualified
organization representing more than one benefiting agency
shall thereafter withhold and refrain from distributing to
such benefiting agency those funds received pursuant to this
Act until the benefiting agency is again in compliance with
the qualified organization's certification. The qualified
organization shall immediately notify the State Comptroller
of the benefiting agency's resumed compliance with the
certification, based upon the qualified organization's
knowledge and belief, and shall pay over to the benefiting
agency those funds previously withheld.
The Comptroller shall, by February 1st of each year, so
notify any qualified organization that failed to receive at
least 500 payroll deduction pledges during each immediately
preceding solicitation period as set forth in Section 6. The
notification shall give such qualified organization until
March 1st to provide the Comptroller with documentation that
the 500 deduction requirement has been met. On the basis of
all the documentation, the Comptroller shall, by March 15th
of each year, submit to the Governor or his designee, or such
other agency as may be determined by the Governor, a list of
all organizations which have met the 500 payroll deduction
requirement. Only those organizations which have met such
requirements, as well as the other requirements of this
Section, shall be permitted to solicit State employees for
voluntary contributions and the Comptroller shall discontinue
withholding for any such organization which fails to meet
these requirements.
(c) "United Fund" means the organization conducting the
single, annual, consolidated effort to secure funds for
distribution to agencies engaged in charitable and public
health, welfare and services purposes, which is commonly
known as the United Fund, or the organization which serves in
place of the United Fund organization in communities where an
organization known as the United Fund is not organized.
(d) "State and Universities Employees Combined Appeal"
(SECA), otherwise known as "SECA", means the State-directed
joint effort of all of the qualified organizations, together
with the United Funds, for the solicitation of voluntary
contributions from State and University employees.
In order for a United Fund to participate in the State
and Universities Employees Combined Appeal, it shall comply
with the provisions of Section 3, paragraph (9) of subsection
(b).
(Source: P.A. 90-487, eff. 8-17-97; revised 10-31-98.)
(5 ILCS 340/7) (from Ch. 15, par. 507)
Sec. 7. Notwithstanding any other provision of this Act,
a participating organization or a United Fund may be denied
participation in SECA for willful failure to comply with the
provisions of paragraph (9) of subsection (b) of Section 3 of
this Act. The agency designated by the Governor under
paragraph (9) of subsection (b) of Section 3 of this Act
shall adopt rules providing for procedures for review by the
agency of alleged violations of that paragraph and
appropriate remedial sanctions for noncompliance. The rules
shall include an appeal procedure for any affected
participating organization or United Fund. The agency
designated by the Governor shall notify the Comptroller
immediately of any final decision to remove a qualified
organization or United Fund from participation in SECA.
(Source: P.A. 87-1053; revised 10-31-98.)
Section 9.1. The State Employees Group Insurance Act of
1971 is amended by changing Section 10 as follows:
(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 Retirement System 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) Beginning July 1, 1998, for each person who
becomes a new TRS State 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 as a
teacher as defined in paragraph (2), (3), or (5) of Section
16-106 of the Illinois Pension Code upon which the
annuitant's retirement annuity is based, up to a maximum of
100% for an annuitant with 20 or more years of such
creditable service. The remainder of the cost of a new TRS
State annuitant's coverage under the basic program of group
health benefits shall be the responsibility of the annuitant.
(a-7) Beginning July 1, 1998, for each person who
becomes a new TRS State 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 as a teacher as
defined in paragraph (2), (3), or (5) of Section 16-106 of
the Illinois Pension Code 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 such creditable service. The
remainder of the cost of the new TRS State survivor's
coverage under the basic program of group health benefits
shall be the responsibility of the survivor.
(a-8) A new SERS annuitant, new SERS survivor, new SURS
annuitant, new SURS retired employee, new SURS survivor, new
TRS State annuitant, or new TRS State 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-9) 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'
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' Retirement
System of Illinois such information, statistics, and other
data as he or 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; 90-582, eff. 5-27-98; 90-655, eff. 7-30-98; revised
8-3-98.)
Section 10. The Election Code is amended by changing
Sections 2A-27, 4-6.1, 4-8, 4-9, 4-10, 4-12, 4-23, 5-7, 5-9,
5-15, 5-29.01, 6-29, 6-35, 6-44, 6-67.01, 7-10, 7-10.1, 7-24,
7-34, 7-53, 8-8, 9-1.7, 10-6.2, 12-1, 14-4, 17-9, 17-10,
17-17, 17-23, 19-8, 24-1.1, 24A-3, and 24B-3 as follows:
(10 ILCS 5/2A-27) (from Ch. 46, par. 2A-27)
Sec. 2A-27. Cities generally; mayor; clerk; treasurer;
time of election. A mayor, a city clerk, and a city
treasurer shall be elected in each city that elects those
officers (except the City of Chicago) at the consolidated
election in 1979 or 1981 (in whichever of those years the
terms of those officers expire) and at the consolidated
election every 4 years thereafter. In cities that have
provided for a 2 year term for elective officers under
Section 3.1-10-65 3.1-15-65 of the Illinois Municipal Code,
however, these city officers shall be elected at the
consolidated election of each odd-numbered year.
(Source: P.A. 87-1119; revised 11-4-98.)
(10 ILCS 5/4-6.1) (from Ch. 46, par. 4-6.1)
Sec. 4-6.1. In addition to registration at the office of
the county clerk, and at the offices of municipal and
township or road district clerks, each county clerk shall
provide for the following additional methods of
registration:
(1) the appointment of deputy registrars as
provided in Section 4-6.2; and
(2) the establishment of temporary places of
registration, as provided in Section 4-6.3.
Each county clerk may provide for precinct registration
pursuant to Section 4-7.
(Source: P.A. 83-1059; revised 10-31-98.)
(10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
Sec. 4-8. The county clerk shall provide a sufficient
number of blank forms for the registration of electors, which
shall be known as registration record cards and which shall
consist of loose leaf sheets or cards, of suitable size to
contain in plain writing and figures the data hereinafter
required thereon or shall consist of computer cards of
suitable nature to contain the data required thereon. The
registration record cards, which shall include an affidavit
of registration as hereinafter provided, shall be executed in
duplicate.
The registration record card shall contain the following
and such other information as the county clerk may think it
proper to require for the identification of the applicant for
registration:
Name. The name of the applicant, giving surname and
first or Christian name in full, and the middle name or the
initial for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue, or
other location of the dwelling, including the apartment, unit
or room number, if any, and in the case of a mobile home the
lot number, and such additional clear and definite
description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the section,
congressional township and range number may be used, or such
other description as may be necessary, including post-office
mailing address. In the case of a homeless individual, the
individual's voting residence that is his or her mailing
address shall be included on his or her registration record
card.
Term of residence in the State of Illinois and precinct.
This information shall be furnished by the applicant stating
the place or places where he resided and the dates during
which he resided in such place or places during the year next
preceding the date of the next ensuing election.
Nativity. The state or country in which the applicant
was born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place, and date of
naturalization.
Date of application for registration, i.e., the day,
month and year when applicant presented himself for
registration.
Age. Date of birth, by month, day and year.
Physical disability of the applicant, if any, at the time
of registration, which would require assistance in voting.
The county and state in which the applicant was last
registered.
Signature of voter. The applicant, after the
registration and in the presence of a deputy registrar or
other officer of registration shall be required to sign his
or her name in ink to the affidavit on both the original and
duplicate registration record cards.
Signature of deputy registrar or officer of registration.
In case applicant is unable to sign his name, he may
affix his mark to the affidavit. In such case the officer
empowered to give the registration oath shall write a
detailed description of the applicant in the space provided
on the back or at the bottom of the card or sheet; and shall
ask the following questions and record the answers thereto:
Father's first name.
Mother's first name.
From what address did the applicant last register?
Reason for inability to sign name.
Each applicant for registration shall make an affidavit
in substantially the following form:
AFFIDAVIT OF REGISTRATION
STATE OF ILLINOIS
COUNTY OF .......
I hereby swear (or affirm) that I am a citizen of the
United States; that on the date of the next election I shall
have resided in the State of Illinois and in the election
precinct in which I reside 30 days and that I intend that
this location shall be my residence; that I am fully
qualified to vote, and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
..................................
Signature of registration officer.
(To be signed in presence of registrant.)
Space shall be provided upon the face of each
registration record card for the notation of the voting
record of the person registered thereon.
Each registration record card shall be numbered according
to precincts, and may be serially or otherwise marked for
identification in such manner as the county clerk may
determine.
The registration cards shall be deemed public records and
shall be open to inspection during regular business hours,
except during the 28 days immediately preceding any election.
On written request of any candidate or objector or any person
intending to object to a petition, the election authority
shall extend its hours for inspection of registration cards
and other records of the election authority during the period
beginning with the filing of petitions under Sections 7-10,
8-8, 10-6 or 28-3 and continuing through the termination of
electoral board hearings on any objections to petitions
containing signatures of registered voters in the
jurisdiction of the election authority. The extension shall
be for a period of hours sufficient to allow adequate
opportunity for examination of the records but the election
authority is not required to extend its hours beyond the
period beginning at its normal opening for business and
ending at midnight. If the business hours are so extended,
the election authority shall post a public notice of such
extended hours. Registration record cards may also be
inspected, upon approval of the officer in charge of the
cards, during the 28 days immediately preceding any election.
Registration record cards shall also be open to inspection by
certified judges and poll watchers and challengers at the
polling place on election day, but only to the extent
necessary to determine the question of the right of a person
to vote or to serve as a judge of election. At no time shall
poll watchers or challengers be allowed to physically handle
the registration record cards.
Updated copies of computer tapes or computer discs or
other electronic data processing information containing voter
registration information shall be furnished by the county
clerk within 10 days after December 15 and May 15 each year
to the State Board of Elections in a form prescribed by the
Board. Registration information shall include, but not be
limited to, the following information: name, sex, residence,
telephone number, if any, age, party affiliation, if
applicable, precinct, ward, township, county, and
representative, legislative and congressional districts. In
the event of noncompliance, the State Board of Elections is
directed to obtain compliance forthwith with this
nondiscretionary duty of the election authority by
instituting legal proceedings in the circuit court of the
county in which the election authority maintains the
registration information. The costs of furnishing updated
copies of tapes or discs shall be paid at a rate of $.00034
per name of registered voters in the election jurisdiction,
but not less than $50 per tape or disc and shall be paid from
appropriations made to the State Board of Elections for
reimbursement to the election authority for such purpose. The
Board shall furnish copies of such tapes, discs, other
electronic data or compilations thereof to state political
committees registered pursuant to the Illinois Campaign
Finance Act or the Federal Election Campaign Act at their
request and at a reasonable cost. Copies of the tapes, discs
or other electronic data shall be furnished by the county
clerk to local political committees at their request and at a
reasonable cost. Reasonable cost of the tapes, discs, et
cetera for this purpose would be the cost of duplication plus
15% for administration. The individual representing a
political committee requesting copies of such tapes shall
make a sworn affidavit that the information shall be used
only for bona fide political purposes, including by or for
candidates for office or incumbent office holders. Such
tapes, discs or other electronic data shall not be used under
any circumstances by any political committee or individuals
for purposes of commercial solicitation or other business
purposes. If such tapes contain information on county
residents related to the operations of county government in
addition to registration information, that information shall
not be used under any circumstances for commercial
solicitation or other business purposes. The prohibition in
this Section against using the computer tapes or computer
discs or other electronic data processing information
containing voter registration information for purposes of
commercial solicitation or other business purposes shall be
prospective only from the effective date of this amended Act
of 1979. Any person who violates this provision shall be
guilty of a Class 4 felony.
The State Board of Elections shall promulgate, by October
1, 1987, such regulations as may be necessary to ensure
uniformity throughout the State in electronic data processing
of voter registration information. The regulations shall
include, but need not be limited to, specifications for
uniform medium, communications protocol and file structure to
be employed by the election authorities of this State in the
electronic data processing of voter registration information.
Each election authority utilizing electronic data processing
of voter registration information shall comply with such
regulations on and after May 15, 1988.
If the applicant for registration was last registered in
another county within this State, he shall also sign a
certificate authorizing cancellation of the former
registration. The certificate shall be in substantially the
following form:
To the County Clerk of.... County, Illinois. (or)
To the Election Commission of the City of ...., Illinois.
This is to certify that I am registered in your (county)
(city) and that my residence was ............................
Having moved out of your (county) (city), I hereby authorize
you to cancel said registration in your office.
Dated at ...., Illinois, on (insert date).
this .... day of ...., 19...
.................................
(Signature of Voter)
Attest: ................, County Clerk, .............
County, Illinois.
The cancellation certificate shall be mailed immediately
by the County Clerk to the County Clerk (or election
commission as the case may be) where the applicant was
formerly registered. Receipt of such certificate shall be
full authority for cancellation of any previous registration.
(Source: P.A. 86-873; 86-1348; 87-1241; revised 1-26-99.)
(10 ILCS 5/4-9) (from Ch. 46, par. 4-9)
Sec. 4-9. The county clerk shall fully instruct the
registration officers and deputy registration officers in
their duties. Each registration officer and deputy
registration officer shall receipt to the county clerk for
all blank registration record cards issued to him, specifying
therein the number of the blanks received by him, and each
registration officer and deputy registration officer shall be
charged with such blanks until he returns them to the county
clerk. If for any cause a blank registration record card is
mutilated or rendered unfit for use in making it out, or if a
mistake thereon has been made, such blank shall not be
destroyed, but the word "mutilated" shall be written across
the face of such card, and the card shall be returned to the
county clerk and be preserved in the same manner and for the
same length of time as mutilated ballots. When each 1969 and
1970 precinct re-registration has been completed, each
registration officer shall certify the registration records
in substantially the following form:
"We, the undersigned registration officers or deputy
registration officers in the County of .... in the State of
Illinois, do swear (or affirm) that at the registration of
electors on (insert date) the .... day of .... 19.. there was
registered by us in the said election precinct the names
which appear on the registration records, and that the number
of voters registered and qualified was and is the number of
....
......................
......................
......................
Registration officers.
Date ................"
After completion of each 1969 and 1970 precinct
re-registration each of the officers of registration for such
precinct shall place all registration cards received by him,
regardless of whether such cards have been unused, filled
out, executed or mutilated, in an envelope to be provided for
that purpose by the county clerk and shall seal such envelope
with an official wax impression seal and sign his name across
the face of such envelope. The judge of registration for
such precinct shall include in the envelope sealed by him the
certification of the registration records hereinabove
required. The judge of registration for such precinct shall
within 24 hours after the close of re-registration make
personal delivery of all envelopes containing the
re-registration cards for such precinct to the county clerk.
Other precinct registrations shall be certified and
returned in the same manner.
(Source: Laws 1967, p. 2987; revised 10-20-98.)
(10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
Sec. 4-10. Except as herein provided, no person shall be
registered, unless he applies in person to a registration
officer, answers such relevant questions as may be asked of
him by the registration officer, and executes the affidavit
of registration. The registration officer shall require the
applicant to furnish two forms of identification, and except
in the case of a homeless individual, one of which 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, public
aid identification card, utility bill, employee or student
identification card, credit card, or a civic, union or
professional association membership card. The registration
officer shall require a homeless individual to furnish
evidence of his or her use of the mailing address stated.
This use may be demonstrated by a piece of mail addressed to
that individual and received at that address or by a
statement from a person authorizing use of the mailing
address. The registration officer shall require each
applicant for registration to read or have read to him the
affidavit of registration before permitting him to execute
the affidavit.
One of the registration officers or a deputy registration
officer, county clerk, or clerk in the office of the county
clerk, shall administer to all persons who shall personally
apply to register the following oath or affirmation:
"You do solemnly swear (or affirm) that you will fully
and truly answer all such questions as shall be put to you
touching your name, place of residence, place of birth, your
qualifications as an elector and your right as such to
register and vote under the laws of the State of Illinois."
The registration officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the following question
shall be put, "When you entered the home which is your
present address, was it your bona fide intention to become a
resident thereof?" Any voter of a township, city, village or
incorporated town in which such applicant resides, shall be
permitted to be present at the place of any precinct
registration and shall have the right to challenge any
applicant who applies to be registered.
In case the officer is not satisfied that the applicant
is qualified he shall forthwith notify such applicant in
writing to appear before the county clerk to complete his
registration. Upon the card of such applicant shall be
written the word "incomplete" and no such applicant shall be
permitted to vote unless such registration is satisfactorily
completed as hereinafter provided. No registration shall be
taken and marked as incomplete if information to complete it
can be furnished on the date of the original application.
Any person claiming to be an elector in any election
precinct and whose registration card is marked "Incomplete"
may make and sign an application in writing, under oath, to
the county clerk in substance in the following form:
"I do solemnly swear that I, ...., did on (insert date)
.... make application to the board of registry of the ....
precinct of the township of .... (or to the county clerk of
.... county) and that said board or clerk refused to complete
my registration as a qualified voter in said precinct. That
I reside in said precinct, that I intend to reside in said
precinct, and am a duly qualified voter of said precinct and
am entitled to be registered to vote in said precinct at the
next election.
(Signature of applicant) ............................."
All such applications shall be presented to the county
clerk or to his duly authorized representative by the
applicant, in person between the hours of 9:00 a.m. and 5:00
p.m. on any day after the days on which the 1969 and 1970
precinct re-registrations are held but not on any day within
28 days preceding the ensuing general election and thereafter
for the registration provided in Section 4-7 all such
applications shall be presented to the county clerk or his
duly authorized representative by the applicant in person
between the hours of 9:00 a.m. and 5:00 p.m. on any day prior
to 28 days preceding the ensuing general election. Such
application shall be heard by the county clerk or his duly
authorized representative at the time the application is
presented. If the applicant for registration has registered
with the county clerk, such application may be presented to
and heard by the county clerk or by his duly authorized
representative upon the dates specified above or at any time
prior thereto designated by the county clerk.
Any otherwise qualified person who is absent from his
county of residence either due to business of the United
States or because he is temporarily outside the territorial
limits of the United States may become registered by mailing
an application to the county clerk within the periods of
registration provided for in this Article, or by simultaneous
application for absentee registration and absentee ballot as
provided in Article 20 of this Code.
Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it
proper to require for the identification of the applicant:
Name. The name of the applicant, giving surname and
first or Christian name in full, and the middle name or the
initial for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the
exact location of the dwelling of the applicant. Where the
location cannot be determined by street and number, then the
Section, congressional township and range number may be used,
or such other information as may be necessary, including post
office mailing address.
Term of residence in the State of Illinois and the
precinct.
Nativity. The State or country in which the applicant
was born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of ...........)
)ss
County of ..........)
I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois and in the election
precinct 30 days; that I am fully qualified to vote, that I
am not registered to vote anywhere else in the United States,
that I intend to remain a resident of the State of Illinois
and of the election precinct, that I intend to return to the
State of Illinois, and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me, an officer qualified
to administer oaths, on (insert date). this ..... day of
..... 19 ...
........................................
Signature of officer administering oath.
Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided
for in Section 4-8 of this Article and shall attach thereto a
copy of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 86-820; 87-1241; revised 10-20-98.)
(10 ILCS 5/4-12) (from Ch. 46, par. 4-12)
Sec. 4-12. Any voter or voters in the township, city,
village or incorporated town containing such precinct, and
any precinct committeeman in the county, may, between the
hours of 9:00 a.m. and 5:00 p.m. of Monday and Tuesday of the
second week prior to the week in which the 1970 primary
election for the nomination of candidates for State and
county offices or any election thereafter is to be held, make
application in writing, to the county clerk, to have any name
upon the register of any precinct erased. Such application
shall be, in substance, in the words and figures following:
"I being a qualified voter, registered from No. ....
Street in the .... precinct of the .... ward of the city
(village or town of) .... (or of the .... town of ....) do
hereby solemnly swear (or affirm) that .... registered from
No. .... Street is not a qualified voter in the .... precinct
of .... ward of the city (village or town) of .... (or of the
.... town of ....) and hence I ask that his name be erased
from the register of such precinct for the following reason
.....
Affiant further says that he has personal knowledge of
the facts set forth in the above affidavit.
(Signed) .....
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
....
....
....."
Such application shall be signed and sworn to by the
applicant before the county clerk or any deputy authorized by
the county clerk for that purpose, and filed with said clerk.
Thereupon notice of such application, and of the time and
place of hearing thereon, with a demand to appear before the
county clerk and show cause why his name shall not be erased
from said register, shall be mailed, in an envelope duly
stamped and directed to such person at the address upon said
register, at least four days before the day fixed in said
notice to show cause.
A like notice shall be mailed to the person or persons
making the application to have the name upon such register
erased to appear and show cause why said name should be
erased, the notice to set out the day and hour of such
hearing. If the voter making such application fails to appear
before said clerk at the time set for the hearing as fixed in
the said notice or fails to show cause why the name upon such
register shall be erased, the application to erase may be
dismissed by the county clerk.
Any voter making the application is privileged from
arrest while presenting it to the county clerk, and while
going to and from the office of the county clerk.
(Source: P.A. 84-551; revised 10-20-98.)
(10 ILCS 5/4-23) (from Ch. 46, par. 4-23)
Sec. 4-23. The provisions of this Article 4, so far as
they require the registration of voters as a condition to
their being allowed to vote, shall not apply to persons
otherwise entitled to vote, who are, at the time of the
election, or at any time within 60 days prior to such
election have been, engaged in the military or naval service
of the United States, and who appear personally at the
polling place on election day and produce to the judges of
election satisfactory evidence thereof, but such persons, if
otherwise qualified to vote, shall be permitted to vote at
such election without previous registration.
All such persons shall also make an affidavit which shall
be in substantially the following form:
"State of Illinois)
) ss.
County of ........)
............ Precinct ............ Ward
I, ..............., do solemnly swear (or affirm), that I
am a citizen of the United States, of the age of 18 years or
over, and that within the past 60 days prior to the date of
this election at which I am applying to vote, I have been
engaged in the .... (military or naval) service of the United
States; and I am qualified to vote under and by virtue of the
Constitution and laws of the State of Illinois, and that I am
a legally qualified voter of this precinct and ward except
that I have, because of such service, been unable to register
as a voter; that I now reside at .... (insert street and
number, if any) in this precinct and ward, that I have
maintained a legal residence in this precinct and ward for 30
days and in the State 30 days next preceding this election.
......................
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
......................
Judge of Election."
The affidavit of any such person shall be supported by
the affidavit of a resident and qualified voter of any such
precinct and ward, which affidavit shall be in substantially
the following form:
"State of Illinois)
) ss.
County of ........)
................ Precinct ............... Ward
I, ...., do solemnly swear (or affirm), that I am a
resident of this precinct and ward and entitled to vote at
this election; that I am acquainted with .... (name of the
applicant); that I verily believe him or her to be an actual
bona fide resident of this precinct and ward and that I
verily believe that he or she has maintained a legal
residence therein 30 days, and in this State 30 days next
preceding this election.
......................
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
......................
Judge of Election."
(Source: P.A. 84- 551; revised 10-20-98.)
(10 ILCS 5/5-7) (from Ch. 46, par. 5-7)
Sec. 5-7. The county clerk shall provide a sufficient
number of blank forms for the registration of electors which
shall be known as registration record cards and which shall
consist of loose leaf sheets or cards, of suitable size to
contain in plain writing and figures the data hereinafter
required thereon or shall consist of computer cards of
suitable nature to contain the data required thereon. The
registration record cards, which shall include an affidavit
of registration as hereinafter provided, shall be executed in
duplicate.
The registration record card shall contain the following
and such other information as the county clerk may think it
proper to require for the identification of the applicant for
registration:
Name. The name of the applicant, giving surname and
first or Christian name in full, and the middle name or the
initial for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue, or
other location of the dwelling, including the apartment, unit
or room number, if any, and in the case of a mobile home the
lot number, and such additional clear and definite
description as may be necessary to determine the exact
location of the dwelling of the applicant, including
post-office mailing address. In the case of a homeless
individual, the individual's voting residence that is his or
her mailing address shall be included on his or her
registration record card.
Term of residence in the State of Illinois and the
precinct. Which questions may be answered by the applicant
stating, in excess of 30 days in the State and in excess of
30 days in the precinct.
Nativity. The State or country in which the applicant
was born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Date of application for registration, i.e., the day,
month and year when applicant presented himself for
registration.
Age. Date of birth, by month, day and year.
Physical disability of the applicant, if any, at the time
of registration, which would require assistance in voting.
The county and state in which the applicant was last
registered.
Signature of voter. The applicant, after the
registration and in the presence of a deputy registrar or
other officer of registration shall be required to sign his
or her name in ink to the affidavit on the original and
duplicate registration record card.
Signature of Deputy Registrar.
In case applicant is unable to sign his name, he may
affix his mark to the affidavit. In such case the officer
empowered to give the registration oath shall write a
detailed description of the applicant in the space provided
at the bottom of the card or sheet; and shall ask the
following questions and record the answers thereto:
Father's first name .......................
Mother's first name .......................
From what address did you last register?
Reason for inability to sign name.
Each applicant for registration shall make an affidavit
in substantially the following form:
AFFIDAVIT OF REGISTRATION
State of Illinois)
)ss
County of )
I hereby swear (or affirm) that I am a citizen of the
United States; that on the date of the next election I shall
have resided in the State of Illinois and in the election
precinct in which I reside 30 days; that I am fully qualified
to vote. That I intend that this location shall be my
residence and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me on (insert date). this
.... day of...., 19...
.........................................
Signature of Registration Officer.
(To be signed in presence of Registrant.)
Space shall be provided upon the face of each
registration record card for the notation of the voting
record of the person registered thereon.
Each registration record card shall be numbered according
to towns and precincts, wards, cities and villages, as the
case may be, and may be serially or otherwise marked for
identification in such manner as the county clerk may
determine.
The registration cards shall be deemed public records and
shall be open to inspection during regular business hours,
except during the 28 days immediately preceding any election.
On written request of any candidate or objector or any person
intending to object to a petition, the election authority
shall extend its hours for inspection of registration cards
and other records of the election authority during the period
beginning with the filing of petitions under Sections 7-10,
8-8, 10-6 or 28-3 and continuing through the termination of
electoral board hearings on any objections to petitions
containing signatures of registered voters in the
jurisdiction of the election authority. The extension shall
be for a period of hours sufficient to allow adequate
opportunity for examination of the records but the election
authority is not required to extend its hours beyond the
period beginning at its normal opening for business and
ending at midnight. If the business hours are so extended,
the election authority shall post a public notice of such
extended hours. Registration record cards may also be
inspected, upon approval of the officer in charge of the
cards, during the 28 days immediately preceding any election.
Registration record cards shall also be open to inspection by
certified judges and poll watchers and challengers at the
polling place on election day, but only to the extent
necessary to determine the question of the right of a person
to vote or to serve as a judge of election. At no time shall
poll watchers or challengers be allowed to physically handle
the registration record cards.
Updated copies of computer tapes or computer discs or
other electronic data processing information containing voter
registration information shall be furnished by the county
clerk within 10 days after December 15 and May 15 each year
to the State Board of Elections in a form prescribed by the
Board. Registration information shall include, but not be
limited to, the following information: name, sex, residence,
telephone number, if any, age, party affiliation, if
applicable, precinct, ward, township, county, and
representative, legislative and congressional districts. In
the event of noncompliance, the State Board of Elections is
directed to obtain compliance forthwith with this
nondiscretionary duty of the election authority by
instituting legal proceedings in the circuit court of the
county in which the election authority maintains the
registration information. The costs of furnishing updated
copies of tapes or discs shall be paid at a rate of $.00034
per name of registered voters in the election jurisdiction,
but not less than $50 per tape or disc and shall be paid from
appropriations made to the State Board of Elections for
reimbursement to the election authority for such purpose. The
Board shall furnish copies of such tapes, discs, other
electronic data or compilations thereof to state political
committees registered pursuant to the Illinois Campaign
Finance Act or the Federal Election Campaign Act at their
request and at a reasonable cost. Copies of the tapes, discs
or other electronic data shall be furnished by the county
clerk to local political committees at their request and at a
reasonable cost. Reasonable cost of the tapes, discs, et
cetera for this purpose would be the cost of duplication plus
15% for administration. The individual representing a
political committee requesting copies of such tapes shall
make a sworn affidavit that the information shall be used
only for bona fide political purposes, including by or for
candidates for office or incumbent office holders. Such
tapes, discs or other electronic data shall not be used under
any circumstances by any political committee or individuals
for purposes of commercial solicitation or other business
purposes. If such tapes contain information on county
residents related to the operations of county government in
addition to registration information, that information shall
not be used under any circumstances for commercial
solicitation or other business purposes. The prohibition in
this Section against using the computer tapes or computer
discs or other electronic data processing information
containing voter registration information for purposes of
commercial solicitation or other business purposes shall be
prospective only from the effective date of this amended Act
of 1979. Any person who violates this provision shall be
guilty of a Class 4 felony.
The State Board of Elections shall promulgate, by October
1, 1987, such regulations as may be necessary to ensure
uniformity throughout the State in electronic data processing
of voter registration information. The regulations shall
include, but need not be limited to, specifications for
uniform medium, communications protocol and file structure to
be employed by the election authorities of this State in the
electronic data processing of voter registration information.
Each election authority utilizing electronic data processing
of voter registration information shall comply with such
regulations on and after May 15, 1988.
If the applicant for registration was last registered in
another county within this State, he shall also sign a
certificate authorizing cancellation of the former
registration. The certificate shall be in substantially the
following form:
To the County Clerk of .... County, Illinois. To the Election
Commission of the City of ...., Illinois.
This is to certify that I am registered in your (county)
(city) and that my residence was .....
Having moved out of your (county) (city), I hereby
authorize you to cancel said registration in your office.
Dated at .... Illinois, on (insert date). this.... day
of...., 19...
....................
(Signature of Voter)
Attest ......, County Clerk, ........ County, Illinois.
The cancellation certificate shall be mailed immediately
by the county clerk to the county clerk (or election
commission as the case may be) where the applicant was
formerly registered. Receipt of such certificate shall be
full authority for cancellation of any previous registration.
(Source: P.A. 86-873; 86-1348; 87-1241; revised 10-20-98.)
(10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
Sec. 5-9. Except as herein provided, no person shall be
registered unless he applies in person to registration
officer, answers such relevant questions as may be asked of
him by the registration officer, and executes the affidavit
of registration. The registration officer shall require the
applicant to furnish two forms of identification, and except
in the case of a homeless individual, one of which 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, public
aid identification card, utility bill, employee or student
identification card, credit card, or a civic, union or
professional association membership card. The registration
officer shall require a homeless individual to furnish
evidence of his or her use of the mailing address stated.
This use may be demonstrated by a piece of mail addressed to
that individual and received at that address or by a
statement from a person authorizing use of the mailing
address. The registration officer shall require each
applicant for registration to read or have read to him the
affidavit of registration before permitting him to execute
the affidavit.
One of the Deputy Registrars, the Judge of Registration,
or an Officer of Registration, County Clerk, or clerk in the
office of the County Clerk, shall administer to all persons
who shall personally apply to register the following oath or
affirmation:
"You do solemnly swear (or affirm) that you will fully
and truly answer all such questions as shall be put to you
touching your place of residence, name, place of birth, your
qualifications as an elector and your right as such to
register and vote under the laws of the State of Illinois."
The Registration Officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the following question
shall be put, "When you entered the home which is your
present address, was it your bona fide intention to become a
resident thereof?" Any voter of a township, city, village or
incorporated town in which such applicant resides, shall be
permitted to be present at the place of precinct
registration, and shall have the right to challenge any
applicant who applies to be registered.
In case the officer is not satisfied that the applicant
is qualified, he shall forthwith in writing notify such
applicant to appear before the County Clerk to furnish
further proof of his qualifications. Upon the card of such
applicant shall be written the word "Incomplete" and no such
applicant shall be permitted to vote unless such registration
is satisfactorily completed as hereinafter provided. No
registration shall be taken and marked as "incomplete" if
information to complete it can be furnished on the date of
the original application.
Any person claiming to be an elector in any election
precinct in such township, city, village or incorporated town
and whose registration is marked "Incomplete" may make and
sign an application in writing, under oath, to the County
Clerk in substance in the following form:
"I do solemnly swear that I, .........., did on (insert
date) ........... make application to the Board of Registry
of the ........ precinct of ........ ward of the City of ....
or of the ......... District ......... Town of .......... (or
to the County Clerk of .............) and ............
County; that said Board or Clerk refused to complete my
registration as a qualified voter in said precinct, that I
reside in said precinct (or that I intend to reside in said
precinct), am a duly qualified voter and entitled to vote in
said precinct at the next election.
...........................
(Signature of Applicant)"
All such applications shall be presented to the County
Clerk by the applicant, in person between the hours of nine
o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
the third week subsequent to the weeks in which the 1961 and
1962 precinct re-registrations are to be held, and thereafter
for the registration provided in Section 5-17 of this
Article, all such applications shall be presented to the
County Clerk by the applicant in person between the hours of
nine o'clock a.m. and nine o'clock p.m. on Monday and Tuesday
of the third week prior to the date on which such election is
to be held.
Any otherwise qualified person who is absent from his
county of residence either due to business of the United
States or because he is temporarily outside the territorial
limits of the United States may become registered by mailing
an application to the county clerk within the periods of
registration provided for in this Article or by simultaneous
application for absentee registration and absentee ballot as
provided in Article 20 of this Code.
Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it
proper to require for the identification of the applicant:
Name. The name of the applicant, giving surname and
first or Christian name in full, and the middle name or the
initial for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the
exact location of the dwelling of the applicant. Where the
location cannot be determined by street and number, then the
Section, congressional township and range number may be used,
or such other information as may be necessary, including post
office mailing address.
Term of residence in the State of Illinois and the
precinct.
Nativity. The State or country in which the applicant
was born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of .........)
)ss
County of ........)
I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois for 6 months and in the
election precinct 30 days; that I am fully qualified to vote,
that I am not registered to vote anywhere else in the United
States, that I intend to remain a resident of the State of
Illinois and of the election precinct, that I intend to
return to the State of Illinois, and that the above
statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me, an officer qualified
to administer oaths, on (insert date). this ...... day of
..... 19 ...
........................................
Signature of officer administering oath.
Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided
for in Section 5-7 of this Article and shall attach thereto a
copy of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 86-820; 87-1241; revised 10-20-98.)
(10 ILCS 5/5-15) (from Ch. 46, par. 5-15)
Sec. 5-15. Any voter or voters in the township, city,
village, or incorporated town containing such precinct, and
any precinct committeeman in the county, may, between the
hours of nine o'clock a.m. and six o'clock p.m. of the Monday
and Tuesday of the third week immediately preceding the week
in which such April 10, 1962 Primary Election is to be held,
make application in writing, before such County Clerk, to
have any name upon such register of any precinct erased.
Thereafter such application shall be made between the hours
of nine o'clock a.m. and six o'clock p.m. of Monday and
Tuesday of the second week prior to the week in which any
county, city, village, township, or incorporated town
election is to be held. Such application shall be in
substance, in the words and figures following:
"I, being a qualified voter, registered from No. ....
Street in the .... precinct of the .... Ward of the city
(village or town of .... ) of the .... District .... town of
.... do hereby solemnly swear (or affirm) that ....
registered from No. .... Street is not a qualified voter in
the .... precinct of the .... ward of the city (village or
town) of .... or of the .... district town of .... hence I
ask that his name be erased from the register of such
precinct for the following reason ..... Affiant further says
that he has personal knowledge of the facts set forth in the
above affidavit.
(Signed) .....
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
....
....
...."
Such application shall be signed and sworn to by the
applicant before the County Clerk or any Deputy authorized by
the County Clerk for that purpose, and filed with the Clerk.
Thereupon notice of such application, with a demand to appear
before the County Clerk and show cause why his name shall not
be erased from the register, shall be mailed by special
delivery, duly stamped and directed, to such person, to the
address upon said register at least 4 days before the day
fixed in said notice to show cause.
A like notice shall be mailed to the person or persons
making the application to have the name upon such register
erased to appear and show cause why the name should be
erased, the notice to set out the day and hour of such
hearing. If the voter making such application fails to appear
before the Clerk at the time set for the hearing as fixed in
the said notice or fails to show cause why the name upon such
register shall be erased, the application may be dismissed by
the County Clerk.
Any voter making such application or applications shall
be privileged from arrest while presenting the same to the
County Clerk, and whilst going to and returning from the
office of the County Clerk.
(Source: P.A. 84-551; revised 10-20-98.)
(10 ILCS 5/5-29.01) (from Ch. 46, par. 5-29.01)
Sec. 5-29.01. The provisions of this Article 5, so far
as they require the registration of voters as a condition to
their being allowed to vote shall not apply to persons
otherwise entitled to vote, who are, at the time of the
election, or at any time within 60 days prior to such
election, have been engaged in the military or naval service
of the United States, and who appear personally at the
polling place on election day and produce to the judges of
election satisfactory evidence thereof, but such persons, if
otherwise qualified to vote, shall be permitted to vote at
such election without previous registration.
All such persons shall also make an affidavit which shall
be in substantially the following form:
"State of Illinois)
)ss.
County of ........)
.............. Precinct .............. Ward
I, ...., do solemnly swear (or affirm), that I am a
citizen of the United States, of the age of 18 years or over,
and that within the past 60 days prior to the date of this
election at which I am applying to vote, I have been engaged
in the .... (military or naval) service of the United States;
and I am qualified to vote under and by virtue of the
Constitution and laws of the State of Illinois, and that I am
a legally qualified voter of this precinct and ward except
that I have, because of such service, been unable to register
as a voter; that I now reside at .... (insert street and
number, if any) in this precinct and ward, that I have
maintained a legal residence in this precinct and ward for 30
days and in the State 30 days next preceding this election.
...........................
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
...........................
Judge of Election."
The affidavit of any such person shall be supported by
the affidavit of a resident and qualified voter of any such
precinct and ward, which affidavit shall be in substantially
the following form:
"State of Illinois)
)ss.
County of ........)
............. Precinct ........... Ward
I, ...., do solemnly swear (or affirm), that I am a
resident of this precinct and ward and entitled to vote at
this election; that I am acquainted with .... (name of the
applicant); that I verily believe him to be an actual bona
fide resident of this precinct and ward and that I verily
believe that he has maintained a legal residence therein 30
days and in this State 30 days next preceding this election.
...................
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
...................
Judge of Election."
The provisions of this Article 5, so far as they require
the registration of voters as a condition to their being
allowed to vote shall not apply to persons otherwise entitled
to vote who have made and subscribed to the affidavit
provided in paragraph (b) of Section 17-10 of this Act.
(Source: P.A. 84-551; revised 10-20-98.)
(10 ILCS 5/6-29) (from Ch. 46, par. 6-29)
Sec. 6-29. For the purpose of registering voters under
this Article, the office of the Board of Election
Commissioners shall be open during ordinary business hours of
each week day, from 9 a.m. to 12 o'clock noon on the last
four Saturdays immediately preceding the end of the period of
registration preceding each election, and such other days and
such other times as the board may direct. During the 28 days
immediately preceding any election there shall be no
registration of voters at the office of the Board of Election
Commissioners in cities, villages and incorporated towns of
fewer than 200,000 inhabitants. In cities, villages and
incorporated towns of 200,000 or more inhabitants, there
shall be no registration of voters at the office of the Board
of Election Commissioners during the 35 days immediately
preceding any election; provided, however, where no precinct
registration is being conducted prior to any election then
registration may be taken in the office of the Board up to
and including the 29th day prior to such election. The Board
of Election Commissioners may set up and establish as many
branch offices for the purpose of taking registrations as it
may deem necessary, and the branch offices may be open on any
or all dates and hours during which registrations may be
taken in the main office. All officers and employees of the
Board of Election Commissioners who are authorized by such
board to take registrations under this Article shall be
considered officers of the circuit court, and shall be
subject to the same control as is provided by Section 14-5 of
this Act with respect to judges of election.
In any election called for the submission of the revision
or alteration of, or the amendments to the Constitution,
submitted by a Constitutional Convention, the final day for
registration at the office of the election authority charged
with the printing of the ballot of this election shall be the
15th day prior to the date of election.
The Board of Election Commissioners shall appoint one or
more registration teams, consisting of 2 of its employees for
each team, for the purpose of accepting the registration of
any voter who files an affidavit, within the period for
taking registrations provided for in this article, that he is
physically unable to appear at the office of the Board or at
any appointed place of registration. On the day or days when
a precinct registration is being conducted such teams shall
consist of one member from each of the 2 leading political
parties who are serving on the Precinct Registration Board.
Each team so designated shall visit each disabled person and
shall accept the registration of such person the same as if
he had applied for registration in person.
Any otherwise qualified person who is absent from his
county of residence due to business of the United States, or
who is temporarily residing outside the territorial limits of
the United States, may make application to become registered
by mail to the Board of Election Commissioners within the
periods for registration provided for in this Article or by
simultaneous application for absentee registration and
absentee ballot as provided in Article 20 of this Code.
Upon receipt of such application the Board of Election
Commissioners shall immediately mail an affidavit of
registration in duplicate, which affidavit shall contain the
following and such other information as the State Board of
Elections may think it proper to require for the
identification of the applicant:
Name. The name of the applicant, giving surname and
first or Christian name in full, and the middle name or the
initial for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the
exact location of the dwelling of the applicant. Where the
location cannot be determined by street and number, then the
section, congressional township and range number may be used,
or such other information as may be necessary, including post
office mailing address.
Term of residence in the State of Illinois and the
precinct.
Nativity. The state or country in which the applicant
was born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..................
AFFIDAVIT OF REGISTRATION
State of .........)
) ss.
County of ........)
I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois and in the election
precinct 30 days; that I am fully qualified to vote, that I
am not registered to vote anywhere else in the United States,
that I intend to remain a resident of the State of Illinois,
and of the election precinct, that I intend to return to the
State of Illinois, and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me, an officer qualified
to administer oaths, on (insert date). this ....... day of
....... 19 .......
........................................
Signature of officer administering oath.
Upon receipt of the executed duplicate affidavit of
Registration, the Board of Election Commissioners shall
transfer the information contained thereon to duplicate
Registration Cards provided for in Section 6-35 of this
Article and shall attach thereto a copy of each of the
duplicate affidavit of registration and thereafter such
registration card and affidavit shall constitute the
registration of such person the same as if he had applied for
registration in person.
(Source: P.A. 81-953; revised 10-20-98.)
(10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
Sec. 6-35. The Boards of Election Commissioners shall
provide a sufficient number of blank forms for the
registration of electors which shall be known as registration
record cards and which shall consist of loose leaf sheets or
cards, of suitable size to contain in plain writing and
figures the data hereinafter required thereon or shall
consist of computer cards of suitable nature to contain the
data required thereon. The registration record cards, which
shall include an affidavit of registration as hereinafter
provided, shall be executed in duplicate. The duplicate of
which may be a carbon copy of the original or a copy of the
original made by the use of other method or material used for
making simultaneous true copies or duplications.
The registration record card shall contain the following
and such other information as the Board of Election
Commissioners may think it proper to require for the
identification of the applicant for registration:
Name. The name of the applicant, giving surname and
first or Christian name in full, and the middle name or the
initial for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue, or
other location of the dwelling, including the apartment, unit
or room number, if any, and in the case of a mobile home the
lot number, and such additional clear and definite
description as may be necessary to determine the exact
location of the dwelling of the applicant, including
post-office mailing address. In the case of a homeless
individual, the individual's voting residence that is his or
her mailing address shall be included on his or her
registration record card.
Term of residence in the State of Illinois and the
precinct.
Nativity. The state or country in which the applicant
was born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place, and date of
naturalization.
Date of application for registration, i.e., the day,
month and year when the applicant presented himself for
registration.
Age. Date of birth, by month, day and year.
Physical disability of the applicant, if any, at the time
of registration, which would require assistance in voting.
The county and state in which the applicant was last
registered.
Signature of voter. The applicant, after registration
and in the presence of a deputy registrar or other officer of
registration shall be required to sign his or her name in ink
to the affidavit on both the original and the duplicate
registration record card.
Signature of deputy registrar.
In case applicant is unable to sign his name, he may
affix his mark to the affidavit. In such case the
registration officer shall write a detailed description of
the applicant in the space provided at the bottom of the card
or sheet; and shall ask the following questions and record
the answers thereto:
Father's first name .........................
Mother's first name .........................
From what address did you last register? ....
Reason for inability to sign name ...........
Each applicant for registration shall make an affidavit
in substantially the following form:
AFFIDAVIT OF REGISTRATION
State of Illinois )
)ss
County of ....... )
I hereby swear (or affirm) that I am a citizen of the
United States, that on the day of the next election I shall
have resided in the State of Illinois and in the election
precinct 30 days and that I intend that this location is my
residence; that I am fully qualified to vote, and that the
above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me on (insert date).
this.... day of...., 19...
......................................
Signature of registration officer
(to be signed in presence of registrant).
Space shall be provided upon the face of each
registration record card for the notation of the voting
record of the person registered thereon.
Each registration record card shall be numbered according
to wards or precincts, as the case may be, and may be
serially or otherwise marked for identification in such
manner as the Board of Election Commissioners may determine.
The registration cards shall be deemed public records and
shall be open to inspection during regular business hours,
except during the 28 days immediately preceding any election.
On written request of any candidate or objector or any person
intending to object to a petition, the election authority
shall extend its hours for inspection of registration cards
and other records of the election authority during the period
beginning with the filing of petitions under Sections 7-10,
8-8, 10-6 or 28-3 and continuing through the termination of
electoral board hearings on any objections to petitions
containing signatures of registered voters in the
jurisdiction of the election authority. The extension shall
be for a period of hours sufficient to allow adequate
opportunity for examination of the records but the election
authority is not required to extend its hours beyond the
period beginning at its normal opening for business and
ending at midnight. If the business hours are so extended,
the election authority shall post a public notice of such
extended hours. Registration record cards may also be
inspected, upon approval of the officer in charge of the
cards, during the 28 days immediately preceding any election.
Registration record cards shall also be open to inspection by
certified judges and poll watchers and challengers at the
polling place on election day, but only to the extent
necessary to determine the question of the right of a person
to vote or to serve as a judge of election. At no time shall
poll watchers or challengers be allowed to physically handle
the registration record cards.
Updated copies of computer tapes or computer discs or
other electronic data processing information containing voter
registration information shall be furnished by the Board of
Election Commissioners within 10 days after December 15 and
May 15 each year to the State Board of Elections in a form
prescribed by the State Board. Registration information
shall include, but not be limited to, the following
information: name, sex, residence, telephone number, if any,
age, party affiliation, if applicable, precinct, ward,
township, county, and representative, legislative and
congressional districts. In the event of noncompliance, the
State Board of Elections is directed to obtain compliance
forthwith with this nondiscretionary duty of the election
authority by instituting legal proceedings in the circuit
court of the county in which the election authority maintains
the registration information. The costs of furnishing
updated copies of tapes or discs shall be paid at a rate of
$.00034 per name of registered voters in the election
jurisdiction, but not less than $50 per tape or disc and
shall be paid from appropriations made to the State Board of
Elections for reimbursement to the election authority for
such purpose. The State Board shall furnish copies of such
tapes, discs, other electronic data or compilations thereof
to state political committees registered pursuant to the
Illinois Campaign Finance Act or the Federal Election
Campaign Act at their request and at a reasonable cost.
Copies of the tapes, discs or other electronic data shall be
furnished by the Board of Election Commissioners to local
political committees at their request and at a reasonable
cost. Reasonable cost of the tapes, discs, et cetera for
this purpose would be the cost of duplication plus 15% for
administration. The individual representing a political
committee requesting copies of such tapes shall make a sworn
affidavit that the information shall be used only for bona
fide political purposes, including by or for candidates for
office or incumbent office holders. Such tapes, discs or
other electronic data shall not be used under any
circumstances by any political committee or individuals for
purposes of commercial solicitation or other business
purposes. If such tapes contain information on county
residents related to the operations of county government in
addition to registration information, that information shall
not be used under any circumstances for commercial
solicitation or other business purposes. The prohibition in
this Section against using the computer tapes or computer
discs or other electronic data processing information
containing voter registration information for purposes of
commercial solicitation or other business purposes shall be
prospective only from the effective date of this amended Act
of 1979. Any person who violates this provision shall be
guilty of a Class 4 felony.
The State Board of Elections shall promulgate, by October
1, 1987, such regulations as may be necessary to ensure
uniformity throughout the State in electronic data processing
of voter registration information. The regulations shall
include, but need not be limited to, specifications for
uniform medium, communications protocol and file structure to
be employed by the election authorities of this State in the
electronic data processing of voter registration information.
Each election authority utilizing electronic data processing
of voter registration information shall comply with such
regulations on and after May 15, 1988.
If the applicant for registration was last registered in
another county within this State, he shall also sign a
certificate authorizing cancellation of the former
registration. The certificate shall be in substantially the
following form:
To the County Clerk of .... County, Illinois.
To the Election Commission of the City of ...., Illinois.
This is to certify that I am registered in your (county)
(city) and that my residence was ..... Having moved out of
your (county), (city), I hereby authorize you to cancel that
registration in your office.
Dated at ...., Illinois, on (insert date). this.... day
of.... 19...
....................
(Signature of Voter)
Attest ...., Clerk, Election Commission of the City
of...., Illinois.
The cancellation certificate shall be mailed immediately
by the clerk of the Election Commission to the county clerk,
(or Election Commission as the case may be) where the
applicant was formerly registered. Receipt of such
certificate shall be full authority for cancellation of any
previous registration.
(Source: P.A. 86-873; 86-1348; 87-1241; revised 10-20-98.)
(10 ILCS 5/6-44) (from Ch. 46, par. 6-44)
Sec. 6-44. Any voter or voters in the ward, village or
incorporated town containing such precinct, and any precinct
committeeman in the county, may, between the hours of nine
o'clock a.m. and six p.m. of Monday and Tuesday of the second
week prior to the week in which such election is to be held
make application in writing, before such board of election
commissioners, to have any name upon such register of any
precinct erased. However, in municipalities having a
population of more than 500,000 and having a board of
election commissioners (except as otherwise provided for such
municipalities in Section 6-60 of this Article) and in all
cities, villages and incorporated towns within the
jurisdiction of such board, such application shall be made
between the hours of nine o'clock a.m. and six o'clock p.m.
of Monday and Tuesday of the second week prior to the week in
which such election is to be held. Such application shall
be, in substance, in the words and figures following:
"I being a qualified voter, registered from No. ....
street in the .... precinct of the .... ward of the city
(village or town) of .... do hereby solemnly swear (or
affirm) that I have personal knowledge that .... registered
from No. .... street is not a qualified voter in the ....
precinct of the .... ward of the city (village or town) of
.... and hence I ask that his name be erased from the
register of such precinct for the following reason ....
Affiant further says that he has personal knowledge of
the facts set forth in the above affidavit.
(Signed)....
Subscribed and sworn to before me on (insert date).
this.... day of...., 19...
....
...."
Such application shall be signed and sworn to by the
applicant before any member of the board or the clerk thereof
and filed with said board. Thereupon notice of such
application, with a demand to appear before the board of
election commissioners and show cause why his name shall not
be erased from said register, shall be personally served upon
such person or left at his place of residence indicated in
such register, or in the case of a homeless individual, at
his or her mailing address, by a messenger of said board of
election commissioners, and, as to the manner and time of
serving such notice such messenger shall make affidavit; the
messenger shall also make affidavit of the fact in case he
cannot find such person or his place of residence, and that
he went to the place named on such register as his or her
place of residence. Such notice shall be served at least one
day before the time fixed for such party to show cause.
The commissioners shall also cause a like notice or
demand to be sent by mail duly stamped and directed, to such
person, to the address upon the register at least 2 days
before the day fixed in the notice to show cause.
A like notice shall be served on the person or persons
making the application to have the name upon such register
erased to appear and show cause why said name shall be
erased, the notice to set out the day and hour of such
hearing. If the voter making such application fails to appear
before said board at the time set for the hearing as fixed in
the notice or fails to show cause why the name upon such
register shall be erased, the application may be dismissed by
the board.
Any voter making such application or applications shall
be privileged from arrest while presenting the same to the
board of election commissioners, and while going to and
returning from the board of election commissioners.
(Source: P.A. 87-1241; revised 10-20-98.)
(10 ILCS 5/6-67.01) (from Ch. 46, par. 6-67.01)
Sec. 6-67.01. The provisions of this Article 6, so far
as they require the registration of voters as a condition to
their being allowed to vote shall not apply to persons
otherwise entitled to vote, who are, at the time of the
election, or at any time within 60 days prior to such
election have been engaged in the military or naval service
of the United States, and who appear personally at the
polling place on election day and produce to the judges of
election satisfactory evidence thereof, but such persons, if
otherwise qualified to vote, shall be permitted to vote at
such election without previous registration.
All such persons shall also make an affidavit which shall
be in substantially the following form:
"State of Illinois)
)ss.
County of ........)
............ Precinct ........ Ward
I, ...., do solemnly swear (or affirm), that I am a
citizen of the United States, of the age of 18 years or over,
and that within the past 60 days prior to the date of this
election at which I am applying to vote, I have been engaged
in the .... (military or naval) service of the United States;
and I am qualified to vote under and by virtue of the
Constitution and laws of the State of Illinois, and that I am
a legally qualified voter of this precinct and ward except
that I have, because of such service, been unable to register
as a voter; that I now reside at .... (insert street and
number, if any) in this precinct and ward, and that I have
maintained a legal residence in this precinct and ward for 30
days and in the State 30 days next preceding this election.
...................
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
...................
Judge of Election."
The affidavit of any such person shall be supported by
the affidavit of a resident and qualified voter of such
precinct and ward, which affidavit shall be in substantially
the following form:
"State of Illinois)
)ss.
County of ........)
............ Precinct ........ Ward
I, ..., do solemnly swear (or affirm), that I am a
resident of this precinct and ward and entitled to vote at
this election; that I am acquainted with .... (name of the
applicant); that I verily believe him to be an actual bona
fide resident of this precinct and ward and that I verily
believe that he has maintained a legal residence therein 30
days and in this State 30 days next preceding this election.
...................
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
...................
Judge of Election."
The provisions of this Article 6, so far as they require
the registration of voters as a condition to their being
allowed to vote shall not apply to persons otherwise entitled
to vote who have made and subscribed to the affidavit
provided in paragraph (b) of Section 17-10 of this Act.
(Source: P.A. 84-551; revised 10-20-98.)
(10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
Sec. 7-10. The name of no candidate for nomination, or
State central committeeman, or township committeeman, or
precinct committeeman, or ward committeeman or candidate for
delegate or alternate delegate to national nominating
conventions, shall be printed upon the primary ballot unless
a petition for nomination has been filed in his behalf as
provided in this Article in substantially the following form:
We, the undersigned, members of and affiliated with the
.... party and qualified primary electors of the .... party,
in the .... of ...., in the county of .... and State of
Illinois, do hereby petition that the following named person
or persons shall be a candidate or candidates of the ....
party for the nomination for (or in case of committeemen for
election to) the office or offices hereinafter specified, to
be voted for at the primary election to be held on (insert
date). the .... day of ...., ....
Name Office Address
John Jones Governor Belvidere, Ill.
Thomas Smith Attorney General Oakland, Ill.
Name.................. Address.......................
State of Illinois)
) ss.
County of........)
I, ...., do hereby certify that I am a registered voter
and have been a registered voter at all times I have
circulated this petition, that I reside at No. .... street,
in the .... of ...., county of ...., and State of Illinois,
and that the signatures on this sheet were signed in my
presence, and are genuine, and that to the best of my
knowledge and belief the persons so signing were at the time
of signing the petitions qualified voters of the .... party,
and that their respective residences are correctly stated, as
above set forth.
.........................
Subscribed and sworn to before me on (insert date). this
.... day of ...., ....
.........................
Each sheet of the petition other than the statement of
candidacy and candidate's statement shall be of uniform size
and shall contain above the space for signatures an
appropriate heading giving the information as to name of
candidate or candidates, in whose behalf such petition is
signed; the office, the political party represented and place
of residence; and the heading of each sheet shall be the
same.
Such petition shall be signed by qualified primary
electors residing in the political division for which the
nomination is sought in their own proper persons only and
opposite the signature of each signer, his residence address
shall be written or printed. The residence address required
to be written or printed opposite each qualified primary
elector's name shall include the street address or rural
route number of the signer, as the case may be, as well as
the signer's city, village or town. However the county or
city, village or town, and state of residence of the electors
may be printed on the petition forms where all of the
electors signing the petition reside in the same county or
city, village or town, and state. Standard abbreviations may
be used in writing the residence address, including street
number, if any. At the bottom of each sheet of such petition
shall be added a statement signed by a registered voter of
the political division, who has been a registered voter at
all times he or she circulated the petition, for which the
candidate is seeking a nomination, stating the street address
or rural route number of the voter, as the case may be, as
well as the voter's city, village or town; and certifying
that the signatures on that sheet of the petition were signed
in his presence; and either (1) indicating the dates on which
that sheet was circulated, or (2) indicating the first and
last dates on which the sheet was circulated, or (3)
certifying that none of the signatures on the sheet were
signed more than 90 days preceding the last day for the
filing of the petition, or more than 45 days preceding the
last day for filing of the petition in the case of political
party and independent candidates for single or multi-county
regional superintendents of schools in the 1994 general
primary election; and certifying that the signatures on the
sheet are genuine, and certifying that to the best of his
knowledge and belief the persons so signing were at the time
of signing the petitions qualified voters of the political
party for which a nomination is sought. Such statement shall
be sworn to before some officer authorized to administer
oaths in this State.
No petition sheet shall be circulated more than 90 days
preceding the last day provided in Section 7-12 for the
filing of such petition, or more than 45 days preceding the
last day for filing of the petition in the case of political
party and independent candidates for single or multi-county
regional superintendents of schools in the 1994 general
primary election.
The person circulating the petition, or the candidate on
whose behalf the petition is circulated, may strike any
signature from the petition, provided that;
(1) the person striking the signature shall initial
the petition at the place where the signature is struck;
and
(2) the person striking the signature shall sign a
certification listing the page number and line number of
each signature struck from the petition. Such
certification shall be filed as a part of the petition.
Such sheets before being filed shall be neatly fastened
together in book form, by placing the sheets in a pile and
fastening them together at one edge in a secure and suitable
manner, and the sheets shall then be numbered consecutively.
The sheets shall not be fastened by pasting them together end
to end, so as to form a continuous strip or roll. All
petition sheets which are filed with the proper local
election officials, election authorities or the State Board
of Elections shall be the original sheets which have been
signed by the voters and by the circulator thereof, and not
photocopies or duplicates of such sheets. Each petition must
include as a part thereof, a statement of candidacy for each
of the candidates filing, or in whose behalf the petition is
filed. This statement shall set out the address of such
candidate, the office for which he is a candidate, shall
state that the candidate is a qualified primary voter of the
party to which the petition relates and is qualified for the
office specified (in the case of a candidate for State's
Attorney it shall state that the candidate is at the time of
filing such statement a licensed attorney-at-law of this
State), shall state that he has filed (or will file before
the close of the petition filing period) a statement of
economic interests as required by the Illinois Governmental
Ethics Act, shall request that the candidate's name be placed
upon the official ballot, and shall be subscribed and sworn
to by such candidate before some officer authorized to take
acknowledgment of deeds in the State and shall be in
substantially the following form:
Statement of Candidacy
Name Address Office District Party
John Jones 102 Main St. Governor Statewide Republican
Belvidere,
Illinois
State of Illinois)
) ss.
County of .......)
I, ...., being first duly sworn, say that I reside at
.... Street in the city (or village) of ...., in the county
of ...., State of Illinois; that I am a qualified voter
therein and am a qualified primary voter of the .... party;
that I am a candidate for nomination (for election in the
case of committeeman and delegates and alternate delegates)
to the office of .... to be voted upon at the primary
election to be held on (insert date); the .... day of ....,
....; that I am legally qualified (including being the holder
of any license that may be an eligibility requirement for the
office I seek the nomination for) to hold such office and
that I have filed (or I will file before the close of the
petition filing period) a statement of economic interests as
required by the Illinois Governmental Ethics Act and I hereby
request that my name be printed upon the official primary
ballot for nomination for (or election to in the case of
committeemen and delegates and alternate delegates) such
office.
Signed ......................
Subscribed and sworn to (or affirmed) before me by ....,
who is to me personally known, on (insert date). this ....
day of ...., 19...
Signed ....................
(Official Character)
(Seal, if officer has one.)
The petitions, when filed, shall not be withdrawn or
added to, and no signatures shall be revoked except by
revocation filed in writing with the State Board of
Elections, election authority or local election official with
whom the petition is required to be filed, and before the
filing of such petition. Whoever forges the name of a signer
upon any petition required by this Article is deemed guilty
of a forgery and on conviction thereof shall be punished
accordingly.
Petitions of candidates for nomination for offices herein
specified, to be filed with the same officer, may contain the
names of 2 or more candidates of the same political party for
the same or different offices.
Such petitions for nominations shall be signed:
(a) If for a State office, or for delegate or
alternate delegate to be elected from the State at large
to a National nominating convention by not less than
5,000 nor more than 10,000 primary electors of his party.
(b) If for a congressional officer or for delegate
or alternate delegate to be elected from a congressional
district to a national nominating convention by at least
.5% of the qualified primary electors of his party in his
congressional district, except that for the first primary
following a redistricting of congressional districts such
petitions shall be signed by at least 600 qualified
primary electors of the candidate's party in his
congressional district.
(c) If for a county office (including county board
member and chairman of the county board where elected
from the county at large), by at least .5% of the
qualified electors of his party cast at the last
preceding general election in his county. However, if
for the nomination for county commissioner of Cook
County, then by at least .5% of the qualified primary
electors of his or her party in his or her county in the
district or division in which such person is a candidate
for nomination; and if for county board member from a
county board district, then by at least .5% of the
qualified primary electors of his party in the county
board district. In the case of an election for county
board member to be elected from a district, for the first
primary following a redistricting of county board
districts or the initial establishment of county board
districts, then by at least .5% of the qualified electors
of his party in the entire county at the last preceding
general election, divided by the number of county board
districts, but in any event not less than 25 qualified
primary electors of his party in the district.
(d) If for a municipal or township office by at
least .5% of the qualified primary electors of his party
in the municipality or township; if for alderman, by at
least .5% of the voters of his party of his ward. In the
case of an election for alderman or trustee of a
municipality to be elected from a ward or district, for
the first primary following a redistricting or the
initial establishment of wards or districts, then by .5%
of the total number of votes cast for the candidate of
such political party who received the highest number of
votes in the entire municipality at the last regular
election at which an officer was regularly scheduled to
be elected from the entire municipality, divided by the
number of wards or districts, but in any event not less
than 25 qualified primary electors of his party in the
ward or district.
(e) If for State central committeeman, by at least
100 of the primary electors of his or her party of his or
her congressional district.
(f) If for a candidate for trustee of a sanitary
district in which trustees are not elected from wards, by
at least .5% of the primary electors of his party, from
such sanitary district.
(g) If for a candidate for trustee of a sanitary
district in which the trustees are elected from wards, by
at least .5% of the primary electors of his party in his
ward of such sanitary district, except that for the first
primary following a reapportionment of the district such
petitions shall be signed by at least 150 qualified
primary electors of the candidate's ward of such sanitary
district.
(h) If for a candidate for judicial office, by at
least 500 qualified primary electors of his or her
judicial district, circuit, or subcircuit, as the case
may be.
(i) If for a candidate for precinct committeeman,
by at least 10 primary electors of his or her party of
his or her precinct; if for a candidate for ward
committeeman, by not less than 10% nor more than 16% (or
50 more than the minimum, whichever is greater) of the
primary electors of his party of his ward; if for a
candidate for township committeeman, by not less than 5%
nor more than 8% (or 50 more than the minimum, whichever
is greater) of the primary electors of his party in his
township or part of a township as the case may be.
(j) If for a candidate for State's Attorney or
Regional Superintendent of Schools to serve 2 or more
counties, by at least .5% of the primary electors of his
party in the territory comprising such counties.
(k) If for any other office by at least .5% of the
total number of registered voters of the political
subdivision, district or division for which the
nomination is made or a minimum of 25, whichever is
greater.
For the purposes of this Section the number of primary
electors shall be determined by taking the total vote cast,
in the applicable district, for the candidate for such
political party who received the highest number of votes,
state-wide, at the last general election in the State at
which electors for President of the United States were
elected. For political subdivisions, the number of primary
electors shall be determined by taking the total vote cast
for the candidate for such political party who received the
highest number of votes in such political subdivision at the
last regular election at which an officer was regularly
scheduled to be elected from that subdivision. For wards or
districts of political subdivisions, the number of primary
electors shall be determined by taking the total vote cast
for the candidate for such political party who received the
highest number of votes in such ward or district at the last
regular election at which an officer was regularly scheduled
to be elected from that ward or district.
A "qualified primary elector" of a party may not sign
petitions for or be a candidate in the primary of more than
one party.
(Source: P.A. 87-1052; 88-89; revised 1-26-99.)
(10 ILCS 5/7-10.1) (from Ch. 46, par. 7-10.1)
Sec. 7-10.1. Each petition or certificate of nomination
shall include as a part thereof, a statement for each of the
candidates filing, or in whose behalf the petition or
certificate of nomination is filed, said statement shall be
subscribed and sworn to by such candidate or nominee before
some officer authorized to take acknowledgment of deeds in
this State and shall be in substantially the following form:
United States of America )
) ss
State of Illinois )
I, .... do swear that I am a citizen of the United States
and the State of Illinois, that I am not affiliated directly
or indirectly with any communist organization or any
communist front organization, or any foreign political
agency, party, organization or government which advocates the
overthrow of constitutional government by force or other
means not permitted under the Constitution of the United
States or the constitution of this State; that I do not
directly or indirectly teach or advocate the overthrow of the
government of the United States or of this State or any
unlawful change in the form of the governments thereof by
force or any unlawful means.
.......................
Subscribed and sworn to by me on (insert date). this ....
day of ...., 19...
.......................
(Notary Public)
My commission expires:
(Source: P.A. 76-1329; revised 10-20-98.)
(10 ILCS 5/7-24) (from Ch. 46, par. 7-24)
Sec. 7-24. The primary poll books shall be substantially
in the following form:
Primary poll books of the primary held in the .... precinct
of the county of .... on (insert date). the .... day of ....
A.D. .....
Party Affiliation
...................................
Residence Repub- Demo- Prohibi- Social-
Street and lican crat tionist ist
Name of Voter number
.............................................................
1 John Jones x
2 Richard Smith x
3 John Doe x
4 Richard Roe x
5 Charles Lee x
.............................................................
This is to certify that the above and foregoing is a
correct list of primary voters at a primary held on (insert
date) the .... day of .... A.D. .... in the .... precinct, in
.... county, and State of Illinois. That at the primary the
undersigned judges served as required by law and are entitled
to pay therefor.
Dated (insert date). .... 19...
............................ ............................
............................ ............................
............................ ............................
Judges of primary
The primary poll books shall otherwise be in form and
shall contain the same certificates as nearly as may be as
the poll books used in the general election and shall be
signed and attested in the same manner, as nearly as may be,
as the poll books used for the purpose of general elections.
If Article 4, 5 or 6 of this Act applies to any such primary
the official poll record provided for in such applicable
Article shall be used in lieu of poll books.
(Source: Laws 1957, p. 1450; revised 10-20-98.)
(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.. (insert 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 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.... (insert 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. 90-655, eff. 7-30-98; revised 10-19-98.)
(10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
Sec. 7-53. As soon as the ballots of a political party
shall have been read and the votes of the political party
counted, as provided in the last above section, the 3 judges
in charge of the tally sheets shall foot up the tally sheets
so as to show the total number of votes cast for each
candidate of the political party and for each candidate for
State Central committeeman and precinct committeeman,
township committeeman or ward committeeman, and delegate and
alternate delegate to National nominating conventions, and
certify the same to be correct. Thereupon, the primary judges
shall set down in a certificate of results on the tally
sheet, under the name of the political party, the name of
each candidate voted for upon the primary ballot, written at
full length, the name of the office for which he is a
candidate for nomination or for committeeman, or delegate or
alternate delegate to National nominating conventions, the
total number of votes which the candidate received, and they
shall also set down the total number of ballots voted by the
primary electors of the political party in the precinct. The
certificate of results shall be made substantially in the
following form:
................ Party
At the primary election held in the .... precinct of the
(1) *township of ...., or (2) *City of ...., or (3) *....
ward in the city of .... on (insert date), the .... day of
...., 19.., the primary electors of the .... party voted ....
ballots, and the respective candidates whose names were
written or printed on the primary ballot of the .... party,
received respectively the following votes:
Name of No. of
Candidate, Title of Office, Votes
John Jones Governor 100
Sam Smith Governor 70
Frank Martin Attorney General 150
William Preston Rep. in Congress 200
Frederick John Circuit Judge 50
*Fill in either (1), (2) or (3).
And so on for each candidate.
We hereby certify the above and foregoing to be true and
correct.
Dated (insert date). this .... day of ...., 19....
...................................
Name Address
...................................
Name Address
...................................
Name Address
...................................
Name Address
...................................
Name Address
Judges of Primary
Where voting machines or electronic voting systems are
used, the provisions of this Section may be modified as
required or authorized by Article 24 and Article 24A,
whichever is applicable.
(Source: P.A. 84-551; revised 10-20-98.)
(10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
Sec. 8-8. The name of no candidate for nomination shall
be printed upon the primary ballot unless a petition for
nomination shall have been filed in his behalf as provided
for in this Section. Each such petition shall include as a
part thereof the oath required by Section 7-10.1 of this Act
and a statement of candidacy by the candidate filing or in
whose behalf the petition is filed. This statement shall set
out the address of such candidate, the office for which he is
a candidate, shall state that the candidate is a qualified
primary voter of the party to which the petition relates, is
qualified for the office specified and has filed a statement
of economic interests as required by the Illinois
Governmental Ethics Act, shall request that the candidate's
name be placed upon the official ballot and shall be
subscribed and sworn by such candidate before some officer
authorized to take acknowledgment of deeds in this State and
may be in substantially the following form:
State of Illinois)
) ss.
County ..........)
I, ...., being first duly sworn, say that I reside at
.... street in the city (or village of) .... in the county of
.... State of Illinois; that I am a qualified voter therein
and am a qualified primary voter of .... party; that I am a
candidate for nomination to the office of .... to be voted
upon at the primary election to be held on (insert date); the
.... day of ...., 19..; that I am legally qualified to hold
such office and that I have filed a statement of economic
interests as required by the Illinois Governmental Ethics Act
and I hereby request that my name be printed upon the
official primary ballot for nomination for such office.
Signed ....................
Subscribed and sworn to (or affirmed) before me by ....,
who is to me personally known, on (insert date). this ....
day of .... 19...
Signed .... (Official Character)
(Seal if officer has one.)
All petitions for nomination for the office of State
Senator shall be signed by 1% or 600, whichever is greater,
of the qualified primary electors of the candidate's party in
his legislative district, except that for the first primary
following a redistricting of legislative districts, such
petitions shall be signed by at least 600 qualified primary
electors of the candidate's party in his legislative
district.
All petitions for nomination for the office of
Representative in the General Assembly shall be signed by at
least 1% or 300, whichever is greater, of the qualified
primary electors of the candidate's party in his or her
representative district, except that for the first primary
following a redistricting of representative districts such
petitions shall be signed by at least 300 qualified primary
electors of the candidate's party in his or her
representative district.
Opposite the signature of each qualified primary elector
who signs a petition for nomination for the office of State
Representative or State Senator such elector's residence
address shall be written or printed. The residence address
required to be written or printed opposite each qualified
primary elector's name shall include the street address or
rural route number of the signer, as the case may be, as well
as the signer's city, village or town.
For the purposes of this Section, the number of primary
electors shall be determined by taking the total vote cast,
in the applicable district, for the candidate for such
political party who received the highest number of votes,
state-wide, at the last general election in the State at
which electors for President of the United States were
elected.
A "qualified primary elector" of a party may not sign
petitions for or be a candidate in the primary of more than
one party.
In the affidavit at the bottom of each sheet, the
petition circulator, who shall have been a registered voter
at all times he or she circulated the petition, shall state
his street address or rural route number, as the case may be,
as well as his city, village or town.
In the affidavit at the bottom of each petition sheet,
the petition circulator shall either (1) indicate the dates
on which he or she circulated that sheet, or (2) indicate the
first and last dates on which the sheet was circulated, or
(3) certify that none of the signatures on the sheet were
signed more than 90 days preceding the last day for the
filing of the petition. No petition sheet shall be
circulated more than 90 days preceding the last day provided
in Section 8-9 for the filing of such petition.
All petition sheets which are filed with the State Board
of Elections shall be the original sheets which have been
signed by the voters and by the circulator, and not
photocopies or duplicates of such sheets.
The person circulating the petition, or the candidate on
whose behalf the petition is circulated, may strike any
signature from the petition, provided that:;
(1) the person striking the signature shall initial
the petition at the place where the signature is struck;
and
(2) the person striking the signature shall sign a
certification listing the page number and line number of
each signature struck from the petition. Such
certification shall be filed as a part of the petition.
(Source: P.A. 86-867; 86-875; 86-1028; 86-1348; 87-1052;
revised 10-20-98.)
(10 ILCS 5/9-1.7) (from Ch. 46, par. 9-1.7)
Sec. 9-1.7. "Local political committee" means the
candidate himself or any individual, trust, partnership,
committee, association, corporation, or any other
organization or group of persons which:
(a) accepts contributions or grants or makes
expenditures during any 12-month period in an aggregate
amount exceeding $3,000 on behalf of or in opposition to
a candidate or candidates for public office who are
required by the Illinois Governmental Ethics Act to file
statements of economic interests with the county clerk,
or on behalf of or in opposition to a candidate or
candidates for election to the office of ward or township
committeeman in counties of 3,000,000 or more
population;.
(b) accepts contributions or makes expenditures
during any 12-month period in an aggregate amount
exceeding $3,000 in support of or in opposition to any
question of public policy to be submitted to the electors
of an area encompassing no more than one county;, or
(c) accepts contributions or makes expenditures
during any 12-month period in an aggregate amount
exceeding $3,000 and has as its primary purpose the
furtherance of governmental, political or social values,
is organized on a not-for-profit basis, and which
publicly endorses or publicly opposes a candidate or
candidates for public office who are required by the
Illinois Governmental Ethics Act to file statements of
economic interest with the County Clerk or a candidate or
candidates for the office of ward or township
committeeman in counties of 3,000,000 or more population.
(Source: P.A. 89-405, eff. 11-8-95; 90-737, eff. 1-1-99;
revised 10-28-98.)
(10 ILCS 5/10-6.2) (from Ch. 46, par. 10-6.2)
Sec. 10-6.2. The State Board of Elections, the election
authority or the local election official with whom petitions
for nomination are filed pursuant to this Article 10 shall
specify the place where filings shall be made and upon
receipt shall endorse thereon the day and the hour at which
each petition was filed. Except as provided by Article 9 of
The School Code, all petitions filed by persons waiting in
line as of 8:00 a.m. on the first day for filing, or as of
the normal opening hour of the office involved on such day,
shall be deemed filed as of 8:00 a.m. or the normal opening
hour, as the case may be. Petitions filed by mail and
received after midnight of the first day for filing and in
the first mail delivery or pickup of that day shall be deemed
filed as of 8:00 a.m. of that day or as of the normal opening
hour of such day, as the case may be. All petitions received
thereafter shall be deemed filed in the order of actual
receipt. Where 2 or more petitions are received
simultaneously, the State Board of Elections, the election
authority or the local election official with whom such
petitions are filed shall break ties and determine the order
of filing by means of a lottery or other fair and impartial
method of random selection approved by the State Board of
Elections. Such lottery shall be conducted within 9 days
following the last day for petition filing and shall be open
to the public. Seven days written notice of the time and
place of conducting such random selection shall be given, by
the State Board of Elections, the election authority, or
local election official, to the Chairman of each political
party, and to each organization of citizens within the
election jurisdiction which was entitled, under this Code, at
the next preceding election, to have pollwatchers present on
the day of election. The State Board of Elections, the
election authority or local election official shall post in a
conspicuous, open and public place, at the entrance of the
office, notice of the time and place of such lottery. The
State Board of Elections shall adopt rules and regulations
governing the procedures for the conduct of such lottery. All
candidates shall be certified in the order in which their
petitions have been filed and in the manner prescribed by
Section 10-14 and 10-15 of this Article. Where candidates
have filed simultaneously, they shall be certified in the
order determined by lot and prior to candidates who filed for
the same office or offices at a later time. Certificates of
nomination filed within the period prescribed in Section
10-6(2) for candidates nominated by caucus for township or
municipal offices shall be subject to the ballot placement
lottery for established political parties prescribed in
Section 7-60 of this Code.
If multiple sets of nomination papers are filed for a
candidate to the same office, the State Board of Elections,
appropriate election authority or local election official
where the petitions are filed shall within 2 business days
notify the candidate of his or her multiple petition filings
and that the candidate has 3 business days after receipt of
the notice to notify the State Board of Elections,
appropriate election authority or local election official
that he or she may cancel prior sets of petitions. If the
candidate notifies the State Board of Elections, appropriate
election authority or local election official, the last set
of petitions filed shall be the only petitions to be
considered valid by the State Board of Elections, election
authority or local election official. If the candidate fails
to notify the State Board of Elections, appropriate election
authority or local election official then only the first set
of petitions filed shall be valid and all subsequent
petitions shall be void.
(Source: P.A. 86-867; 86-874; 86-1028; 87-1052; revised
10-31-98.)
(10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
Sec. 12-1. At least 60 days prior to each general and
consolidated election, the election authority shall provide
public notice, calculated to reach elderly and handicapped
voters, of the availability of registration and voting aids
under the Federal Voting Accessibility for the Elderly and
Handicapped Act, of the availability of assistance in marking
the ballot, and procedures for voting by absentee ballot.
At least 30 days before any general election, and at
least 20 days before any special congressional election, the
county clerk shall publish a notice of the election in 2 or
more newspapers published in the county, city, village,
incorporated town or town, as the case may be, or if there is
no such newspaper, then in any 2 or more newspapers published
in the county and having a general circulation throughout the
community. The notice may be substantially as follows:
Notice is hereby given that on (give date), at (give the
place of holding the election and the name of the precinct or
district) in the county of (name county), an election will be
held for (give the title of the several offices to be
filled), which election will be open at 6:00 a.m. and
continued open until 7:00 p.m. of that day.
Dated at .... on (insert date). this .... day of ....,
19...
(Source: P.A. 90-358, eff. 1-1-98; revised 10-20-98.)
(10 ILCS 5/14-4) (from Ch. 46, par. 14-4)
Sec. 14-4. The leading political party represented by a
minority of all the commissioners in the board shall be
entitled to 2 of the judges in each precinct with an even
number, and 3 of the judges in each precinct with an odd
number, and the other leading political party shall be
entitled to 3 judges in the even and 2 judges in the odd
number precincts; and if only 3 judges of election serve in
each precinct, the leading political party represented by the
minority of all the commissioners in the board shall be
entitled to one of the judges of election in each precinct
with an even number, and 2 of the judges of election in each
precinct with an odd number, and the other leading political
party shall be entitled to 2 judges of election in the even
and one judge of election in the odd number precincts; and it
shall be the duty of such commissioners to observe this
division in all respects in making such appointments; except
that this Section does not apply to appointments by county
boards of election commissioners under Section 14-3.1.
(Source: P.A. 89-471, eff. 6-13-96; revised 10-31-98.)
(10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
Sec. 17-9. Any person desiring to vote shall give his
name and, if required to do so, his residence to the judges
of election, one of whom shall thereupon announce the same in
a loud and distinct tone of voice, clear, and audible; the
judges of elections shall check each application for ballot
against the list of voters registered in that precinct to
whom absentee ballots have been issued for that election,
which shall be provided by the election authority and which
list shall be available for inspection by pollwatchers. A
voter applying to vote in the precinct on election day whose
name appears on the list as having been issued an absentee
ballot shall not be permitted to vote in the precinct unless
that voter submits to the judges of election, for
cancellation or revocation, his absentee ballot. In the case
that the voter's absentee ballot is not present in the
polling place, it shall be sufficient for any such voter to
submit to the judges of election in lieu of his absentee
ballot, either a portion of such ballot if torn or mutilated,
an affidavit executed before the judges of election
specifying that the voter never received an absentee ballot,
or an affidavit executed before the judges of election
specifying that the voter desires to cancel or revoke any
absentee ballot that may have been cast in the voter's name.
All applicable provisions of Articles 4, 5 or 6 shall be
complied with and if such name is found on the register of
voters by the officer having charge thereof, he shall
likewise repeat said name, and the voter shall be allowed to
enter within the proximity of the voting booths, as above
provided. One of the judges shall give the voter one, and
only one of each ballot to be voted at the election, on the
back of which ballots such judge shall indorse his initials
in such manner that they may be seen when each such ballot is
properly folded, and the voter's name shall be immediately
checked on the register list. In those election jurisdictions
where perforated ballot cards are utilized of the type on
which write-in votes can be cast above the perforation, the
election authority shall provide a space both above and below
the perforation for the judge's initials, and the judge shall
endorse his or her initials in both spaces. Whenever a
proposal for a constitutional amendment or for the calling of
a constitutional convention is to be voted upon at the
election, the separate blue ballot or ballots pertaining
thereto shall, when being handed to the voter, be placed on
top of the other ballots to be voted at the election in such
manner that the legend appearing on the back thereof, as
prescribed in Section 16-6 of this Act, shall be plainly
visible to the voter. At all elections, when a registry may
be required, if the name of any person so desiring to vote at
such election is not found on the register of voters, he or
she shall not receive a ballot until he or she shall have
complied with the law prescribing the manner and conditions
of voting by unregistered voters. If any person desiring to
vote at any election shall be challenged, he or she shall not
receive a ballot until he or she shall have established his
right to vote in the manner provided hereinafter; and if he
or she shall be challenged after he has received his ballot,
he shall not be permitted to vote until he or she has fully
complied with such requirements of the law upon being
challenged. Besides the election officer, not more than 2
voters in excess of the whole number of voting booths
provided shall be allowed within the proximity of the voting
booths at one time. The provisions of this Act, so far as
they require the registration of voters as a condition to
their being allowed to vote shall not apply to persons
otherwise entitled to vote, who are, at the time of the
election, or at any time within 60 days prior to such
election have been engaged in the military or naval service
of the United States, and who appear personally at the
polling place on election day and produce to the judges of
election satisfactory evidence thereof, but such persons, if
otherwise qualified to vote, shall be permitted to vote at
such election without previous registration.
All such persons shall also make an affidavit which shall
be in substantially the following form:
State of Illinois,)
) ss.
County of ........)
............... Precinct .......... Ward
I, ...., do solemnly swear (or affirm) that I am a
citizen of the United States, of the age of 18 years or over,
and that within the past 60 days prior to the date of this
election at which I am applying to vote, I have been engaged
in the .... (military or naval) service of the United States;
and I am qualified to vote under and by virtue of the
Constitution and laws of the State of Illinois, and that I am
a legally qualified voter of this precinct and ward except
that I have, because of such service, been unable to register
as a voter; that I now reside at .... (insert street and
number, if any) in this precinct and ward; that I have
maintained a legal residence in this precinct and ward for 30
days and in this State 30 days next preceding this election.
.........................
Subscribed and sworn to before me on (insert date). this
.... day of...., 19...
.........................
Judge of Election.
The affidavit of any such person shall be supported by
the affidavit of a resident and qualified voter of any such
precinct and ward, which affidavit shall be in substantially
the following form:
State of Illinois,)
) ss.
County of ........)
........... Precinct ........... Ward
I, ...., do solemnly swear (or affirm), that I am a
resident of this precinct and ward and entitled to vote at
this election; that I am acquainted with .... (name of the
applicant); that I verily believe him to be an actual bona
fide resident of this precinct and ward and that I verily
believe that he or she has maintained a legal residence
therein 30 days and in this State 30 days next preceding this
election.
.........................
Subscribed and sworn to before me on (insert date). this
.... day of...., 19...
.........................
Judge of Election.
All affidavits made under the provisions of this Section
shall be enclosed in a separate envelope securely sealed, and
shall be transmitted with the returns of the elections to the
county clerk or to the board of election commissioners, who
shall preserve the said affidavits for the period of 6
months, during which period such affidavits shall be deemed
public records and shall be freely open to examination as
such.
(Source: P.A. 89-653, eff. 8-14-96; revised 10-20-98.)
(10 ILCS 5/17-10) (from Ch. 46, par. 17-10)
Sec. 17-10. (a) Whenever, at any election, in any
precinct, any person offering to vote is not personally known
to the judges of election to have the qualifications required
in this Act, if his vote is challenged by a legal voter at
such election, he or she shall make and subscribe an
affidavit, in the following form, which shall be retained by
the judges of election, and returned by them affixed to the
poll books or with the official poll record:
State of Illinois)
)ss.
County of .......)
I, ...., do solemnly swear (or affirm) that I am a
citizen of the United States; that I am 18 years of age or
over; that I have resided in this State and in this election
district 30 days next preceding this election; that I have
not voted at this election; that I am a duly qualified voter
in every respect; that I now reside at (here give the
particular house or place of residence, and, if in a town or
city, the street and number), in this election district; *1.
that I registered to vote from said address; *2. that I
changed my residence to the above address from ...., both of
which are in this election district; *3. that I changed my
name from .... to that which I have signed below; *4. that I
have not changed my residence but my address has changed as a
result of implementation of a 9-1-1 emergency telephone
system.
So help me God, (or "This I do solemnly and sincerely
affirm", as the case may be).
.........................
Subscribed and sworn to before me on (insert date). this
.... day of ...., 19...
.........................
*1. If registration is not required, draw a line through
1 above.
*2. Fill in the blank ONLY if you have moved within 2
years.
*3. Fill in the blank ONLY if you have changed your name
within 2 years.
*4. Fill in the blank ONLY if you have not changed your
residence but your address has changed as a result of
implementation of a 9-1-1 emergency telephone system.
In addition to such an affidavit, the person so
challenged shall provide to the judges of election proof of
residence by producing two forms of identification showing
the person's current residence address, provided that such
identification may include not more than one piece of mail
addressed to the person at his current residence address and
postmarked not earlier than 30 days prior to the date of the
election, or the person shall procure a witness personally
known to the judges of election, and resident in the precinct
(or district), or who shall be proved by some legal voter of
such precinct or district, known to the judges to be such,
who shall take the oath following, viz:
I do solemnly swear (or affirm) that I am a resident of
this election precinct (or district), and entitled to vote at
this election, and that I have been a resident of this State
for 30 days last past, and am well acquainted with the person
whose vote is now offered; that he is an actual and bona fide
resident of this election precinct (or district), and has
resided herein 30 days, and as I verily believe, in this
State, 30 days next preceding this election.
The oath in each case may be administered by either of
the judges of election, or by any officer, resident in the
precinct or district, authorized by law to administer oaths.
(b) Whenever, at any regular or special election, in any
precinct, district, city, village, incorporated town, town or
ward, any person offering to vote has moved therefrom within
30 days prior to said regular or special election, he shall
make and subscribe an affidavit, in the following form, which
shall be supported by providing to the judges of election
proof of residence by producing two forms of identification
showing the person's current residence address, provided that
such identification may include not more than one piece of
mail addressed to the person at his current residence address
and postmarked not earlier than 30 days prior to the date of
the election, or by one 1 affidavit of a registered voter in
the precinct, as provided herein, both of which shall be
retained by the judges of election, and returned by them
affixed to the poll books or with the official poll record:
State of Illinois)
)ss.
County of .......)
I, ........., do solemnly swear (or affirm) that I am a
citizen of the United States; that I am 18 years of age;
that I have not voted at this election; that prior to 30 days
preceding this election I was a duly qualified and registered
voter in every respect in this election district; that I have
recently moved from (here give the particular house or place
of residence, and, if in a town or city, the street and
number), in this election district; that I now reside at
(here give the particular house or place of residence, and,
if in a town or city, the street and number), in another
election district in the State.
So help me God, (or "This I do solemnly and sincerely
affirm", as the case may be).
......................
Subscribed and sworn to before me on (insert date). this
............. day of ........, 19......
......................
State of Illinois)
)ss.
County of .......)
......... Precinct ........ Ward
I, ........, do solemnly swear (or affirm), that I am a
resident of this precinct and entitled to vote at this
election; that I am acquainted with .... (name of the
applicant); that I verily believe him to have been an actual
bona fide resident and registered voter of this precinct and
that he maintained a legal residence therein, 30 days next
preceding this election.
....................
Subscribed and sworn to before me on (insert date). this
.... day of...., 19...
....................
Judge of Election.
The oath may be administered by either of the judges of
election, or by any officer, resident in the precinct or
district, authorized by law to administer oaths.
(Source: P.A. 90-664, eff. 7-30-98; revised 10-20-98.)
(10 ILCS 5/17-17) (from Ch. 46, par. 17-17)
Sec. 17-17. After the opening of the polls no
adjournment shall be had nor shall any recess be taken, until
all the votes cast at such election have shall be been
counted and the result publicly announced, except that when
necessary one judge at a time may leave the polling place for
a reasonable time during the casting of ballots, and except
that when a polling place is inaccessible to a disabled
voter, one team of 2 judges of opposite party affiliation may
leave the polling place to deliver a ballot to such voter, as
provided in Sections 7-47.1 and 17-13 of this Code. When a
judge leaves and returns, such judge shall sign a time sheet
indicating the length of the period such judge is absent from
his duties. When absent, the judge shall authorize someone
of the same political party as himself to act for him until
he returns.
Where voting machines or electronic voting systems are
used, the provisions of this section may be modified as
required or authorized by Article 24 or Article 24A,
whichever is applicable.
(Source: P.A. 84-808; revised 10-31-98.)
(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.. (insert 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 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.... (insert 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. 90-655, eff. 7-30-98; revised 10-19-98.)
(10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
Sec. 19-8. In case an absent voter's ballot is received
by the election authority prior to the delivery of the
official ballots to the judges of election of the precinct in
which said elector resides, such ballot envelope and
application, sealed in the carrier envelope, shall be
enclosed in such package and therewith delivered to the
judges of such precinct. In case the official ballots for
such precinct have been delivered to the judges of election
at the time of the receipt by the election authority of such
absent voter's ballot, such authority shall immediately
enclose said envelope containing the absent voter's ballot,
together with his application therefor, in a larger or
carrier envelope which shall be securely sealed and addressed
on the face to the judges of election, giving the name or
number of precinct, street and number of polling place, city
or town in which such absent voter is a qualified elector,
and the words, "This envelope contains an absent voter's
ballot and must be opened only on election day at the polls
immediately after the polls are closed," "mailing the same,
postage prepaid, to such judges of election, or if more
convenient, such officer may deliver such absent voter's
ballot to the judges of election in person or by duly
deputized agent, said officer to secure his receipt for
delivery of such ballot or ballots. Absent voters' ballots
returned by absentee voters to the election authority after
the closing of the polls on an election day shall be endorsed
by the election authority receiving the same with the day and
hour of receipt and shall be safely kept unopened by such
election authority for the period of time required for the
preservation of ballots used at such election, and shall
then, without being opened, be destroyed in like manner as
the used ballots of such election.
All absent voters' ballots received by the election
authority after 12:00 noon on election day or too late for
delivery to the proper polling place before the closing of
the polls on election day, and Special Write-In Absentee
Voter's Blank Ballots, except ballots returned by mail
postmarked after midnight preceding the opening of the polls
on election day, shall be endorsed by the election authority
receiving the same with the day and hour of receipt and shall
be counted in the office of the election authority on the day
of the election after 7:00 p.m. All absent voters' ballots
delivered in error to the wrong precinct polling place shall
be returned to the election authority and counted under this
provision; however, all absentee ballots received by the
election authority by the close of absentee voting in the
office of the election authority on the day preceding the day
of election shall be delivered to the proper precinct polling
places in time to be counted by the judges of election.
Such counting shall commence no later than 8:00 p.m. and
shall be conducted by a panel or panels of election judges
appointed in the manner provided by law. Such counting shall
continue until all absent voters' ballots received as
aforesaid have been counted.
The procedures set forth in Section 19-9 of this Act and
Articles 17 and 18 of this Code, shall apply to all absent
voters' ballots counted under this provision, including
comparing the signature on the ballot envelope with the
signature of the voter on the permanent voter registration
record card taken from the master file; except that votes
shall be recorded without regard to precinct designation,
except for precinct offices.
(Source: P.A. 86-875; revised 10-31-98.)
(10 ILCS 5/24-1.1) (from Ch. 46, par. 24-1.1)
Sec. 24-1.1. The county board of each county having a
population of 35,000 or more, with respect to all elections
for which the county board or the county clerk is charged
with the duty of providing materials and supplies, and each
board of election commissioners in a municipality having a
population of 35,000 or more with respect to elections under
its jurisdiction, must provide either voting machines in
accordance with this Article or electronic voting systems in
accordance with Article 24A for each precinct for all such
elections except as provided in Section 24-1.2 except in
elections held pursuant to the provisions of Section 12 of
Article VI of the Constitution relating to retention of
judges in office, in which event, the special ballot
containing the propositions on the retention of judges may be
placed on the voting machines or devices. For purposes of
this Section 24-1.1, the term "population" does not include
persons prohibited from voting by Section 3-5 of this Act.
Before voting machines or electronic voting systems are
introduced, adopted or used in any precinct or territory at
least 2 months public notice must be given before the date of
the first election wherein such machines are to be used. The
election authority shall publish the notice at least once in
one or more newspapers published within its jurisdiction in
which the election is held. If there is no such newspaper,
the notice shall be published in a newspaper published in the
county and having a general circulation within such political
subdivision of this State. The notice shall be substantially
as follows:
Notice is hereby given that on ....(give date)...., at
....(give place where election is held).... in the county of
.... an election will be held for ....(give name of office to
be filled).... at which voting machines will be used.
Dated at .... on (insert date). this .... day of ....
19...
The notice referred to herein shall be given only at the
first election at which such voting machines or electronic
voting systems are used.
(Source: P.A. 81-891; revised 10-20-98.)
(10 ILCS 5/24A-3) (from Ch. 46, par. 24A-3)
Sec. 24A-3. Except as otherwise provided in this Section,
any county board, board of county commissioners and any board
of election commissioners, with respect to territory within
its jurisdiction, may adopt, experiment with, or abandon a
voting system approved for use by the State Board of
Elections and may use such voting system in all or some of
the precincts within its jurisdiction, or in combination with
paper ballots or voting machines. Any such county board,
board of county commissioners or board of election
commissioners may contract for the tabulation of votes at a
location outside its territorial jurisdiction when there is
no suitable tabulating equipment available within its
territorial jurisdiction. In no case may a county board,
board of county commissioners or board of election
commissioners contract or arrange for the purchase, lease or
loan of an electronic voting system or voting system
component without the approval of the State Board of
Elections as provided by Section 24A-16. However, the county
board and board of county commissioners of each county having
a population of 40,000 or more, with respect to all elections
for which the county board or the county clerk is charged
with the duty of providing materials and supplies, and each
board of election commissioners in a municipality having a
population of 40,000 or more, with respect to elections under
its jurisdiction, must provide either voting systems approved
for use by the State Board of Elections under this Article or
voting machines under Article 24 for each precinct for all
such elections except as provided in Section 24-1.2. For
purposes of this Section 24A-3, the term "population" does
not include persons prohibited from voting by Section 3-5 of
this Act.
Before any such system is introduced, adopted or used in
any precinct or territory at least 2 months public notice
must be given before the date of the first election wherein
such voting system is to be used. The election authority
shall publish the notice at least once in one or more
newspapers published within the county, or other
jurisdiction, as the case may be, in which the election is
held. If there is no such newspaper, the notice shall be
published in a newspaper published in the county and having a
general circulation within such jurisdiction. The notice
shall be substantially as follows:
Notice is hereby given that on ....(give date)...., at
....(give place where election is held).... in the county of
...., an election will be held for ....(give name of offices
to be filled).... at which an electronic voting system will
be used.
Dated at .... on (insert date). this .... day of ....
19...
The notice referred to herein shall be given only at the
first election at which such voting machines or voting
systems are used.
(Source: P.A. 85-958; revised 10-20-98.)
(10 ILCS 5/24B-3)
Sec. 24B-3. Adoption, experimentation or abandonment of
Precinct Tabulation Optical Scan Technology system;
Boundaries of precincts; Notice. Except as otherwise
provided in this Section, any county board, board of county
commissioners and any board of election commissioners, with
respect to territory within its jurisdiction, may adopt,
experiment with, or abandon a Precinct Tabulation Optical
Scan Technology voting system approved for use by the State
Board of Elections and may use the Precinct Tabulation
Optical Scan Technology voting system in all or some of the
precincts within its jurisdiction, or in combination with
paper ballots or voting machines. Any county board, board of
county commissioners or board of election commissioners may
contract for the tabulation of votes at a location outside
its territorial jurisdiction when there is no suitable
tabulating equipment available within its territorial
jurisdiction. In no case may a county board, board of county
commissioners or board of election commissioners contract or
arrange for the purchase, lease or loan of an electronic
Precinct Tabulation Optical Scan Technology voting system or
Precinct Tabulation Optical Scan Technology voting system
component without the approval of the State Board of
Elections as provided by Section 24B-16. However, the county
board and board of county commissioners of each county having
a population of 40,000 or more, with respect to all elections
for which the county board or the county clerk is charged
with the duty of providing materials and supplies, and each
board of election commissioners in a municipality having a
population of 40,000 or more, with respect to elections under
its jurisdiction, must provide either Precinct Tabulation
Optical Scan Technology voting systems approved for use by
the State Board of Elections under this Article or voting
systems under Article 24A or Article 24 for each precinct for
all such elections except as provided in Section 24-1.2. For
purposes of this Section 24B-3, the term "population" does
not include persons prohibited from voting by Section 3-5 of
this Code.
Before any such Precinct Tabulation Optical Scan
Technology system is introduced, adopted or used in any
precinct or territory at least 2 months public notice must be
given before the date of the first election where the
Precinct Tabulation Optical Scan Technology voting system is
to be used. The election authority shall publish the notice
at least once in one or more newspapers published within the
county, or other jurisdiction, where the election is held.
If there is no such newspaper, the notice shall be published
in a newspaper published in the county and having a general
circulation within such jurisdiction. The notice shall be
substantially as follows:
Notice is hereby given that on ....(give date)...., at
....(give place where election is held).... in the county of
...., an election will be held for ....(give name of offices
to be filled).... at which a Precinct Tabulation Optical Scan
Technology electronic voting system will be used.
Dated at.... on (insert date). this .... day of ....
19....
This notice referred to shall be given only at the first
election at which the Precinct Tabulation Optical Scan
Technology voting machines or Precinct Tabulation Optical
Scan Technology voting systems are used.
(Source: P.A. 89-394, eff. 1-1-97; revised 10-20-98.)
Section 11. The Secretary of State Act is amended by
changing Section 5 as follows:
(15 ILCS 305/5) (from Ch. 124, par. 5)
Sec. 5. It shall be the duty of the Secretary of State:
1. To countersign and affix the seal of state to all
commissions required by law to be issued by the Governor.
2. To make a register of all appointments by the
Governor, specifying the person appointed, the office
conferred, the date of the appointment, the date when bond or
oath is taken and the date filed. If Senate confirmation is
required, the date of the confirmation shall be included in
the register.
3. To make proper indexes to public acts, resolutions,
papers and documents in his office.
3-a. To review all rules of all State agencies adopted
in compliance with the codification system prescribed by the
Secretary. The review shall be for the purposes and include
all the powers and duties provided in the Illinois
Administrative Procedure Act. The Secretary of State shall
cooperate with the Legislative Information System to insure
the accuracy of the text of the rules maintained under the
Legislative Information System Act.
4. To give any person requiring the same paying the
lawful fees therefor, a copy of any law, act, resolution,
record or paper in his office, and attach thereto his
certificate, under the seal of the state.
5. To take charge of and preserve from waste, and keep
in repair, the houses, lots, grounds and appurtenances,
situated in the City of Springfield, and belonging to or
occupied by the State, the care of which is not otherwise
provided for by law, and to take charge of and preserve from
waste, and keep in repair, the houses, lots, grounds and
appurtenances, situated in the State outside the City of
Springfield where such houses, lots, grounds and
appurtenances are occupied by the Secretary of State and no
other State officer or agency.
6. To supervise the distribution of the laws.
7. To perform such other duties as may be required by
law. The Secretary of State may, within appropriations
authorized by the General Assembly, maintain offices in the
State Capital and in such other places in the State as he may
deem necessary to properly carry out the powers and duties
vested in him by law.
(Source: P.A. 88-161; revised 10-31-98.)
Section 12. The Illinois Identification Card Act is
amended by changing Section 14B as follows:
(15 ILCS 335/14B) (from Ch. 124, par. 34B)
Sec. 14B. Fraudulent identification card.
(a) As used in this Section:
1. "A fraudulent identification card" means any
identification card which purports to be an official
identification card for which a computerized number and
file have not been created by the Secretary of State, the
United States Government or any state or political
subdivision thereof, or any governmental or
quasi-governmental organization. For the purpose of this
paragraph, any identification card which resembles an
official identification card in either size, color,
photograph location, or design or uses the word
"official", "state", "Illinois", or the name of any other
state or political subdivision thereof, or any
governmental or quasi-governmental organization
individually or in any combination thereof to describe or
modify the term "identification card" or "I.D. card"
anywhere on the card, or uses a shape in the likeness of
Illinois or any other state on the photograph side of the
card, is deemed to be a fraudulent identification card
unless the words "This is not an official Identification
Card", appear prominently upon it in black colored
lettering in 12 point type on the photograph side of the
card, and no such card shall be smaller in size than 3
inches by 4 inches, and the photograph shall be on the
left side of the card only.
2. "A license-making implement" means any implement
specially designed or primarily used in the manufacture,
assembly or authentication of any identification card
issued by the Secretary of State, the United States
Government, the State of Illinois or any other state or
political subdivision of the state, or any governmental
or quasi-governmental organization. Such implements
include, but are not limited to, cameras used for
creating identification card photographs, camera cards,
or identification card laminates.
(b) It is a violation of this Section for any person:
1. To knowingly possess, display, or cause to be
displayed any fraudulent identification card;
2. To knowingly possess, display or cause to be
displayed any fraudulent identification card 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
identification card 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
identification card with the intent to commit any other
violation of any law 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
identification card while in unauthorized possession of
any document, instrument or device capable of defrauding
another;
6. To knowingly possess any fraudulent
identification card with the intent to use the
identification card to acquire any other identification
document;
7. To knowingly possess without authority any
license-making implement;
8. To knowingly possess any stolen identification
card making implement;
9. To knowingly duplicate, manufacture, sell or
transfer any fraudulent identification card;
10. To advertise or distribute any information or
materials that promote the selling, giving, or furnishing
of a fraudulent identification card.
(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 who violates paragraph 10 of
subsection (b) of this Section is guilty of a Class A
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 of State may request the Attorney
General to seek a restraining order in the circuit court
against any person who violates paragraph 10 of subsection
(b) of this Section by advertising fraudulent identification
cards.
(Source: P.A. 88-210; 89-283, eff. 1-1-96; revised 10-31-98.)
Section 13. The State Comptroller Act is amended by
changing Section 14 as follows:
(15 ILCS 405/14) (from Ch. 15, par. 214)
Sec. 14. Forms of documents. The Comptroller may
prescribe and require State agencies to use forms for all
documents required by law in the performance of his duties or
which he may reasonably require therefor. The Comptroller
may prescribe by rule the general nature of information to be
contained in contracts required to be filed with him under
Sections 11 and 15 of this Act. Any such rule shall be
adopted, amended or repealed as provided by the Illinois
Administrative Procedure Act.
The Comptroller may, when he deems it advisable for the
promotion of efficiency in State government, accept magnetic
tape vouchers, electronically submitted vouchers, and
computer output microfiche vouchers. The Comptroller shall
process such vouchers as provided in Section 9. These
vouchers shall be subject to conditions and requirements
established by the Comptroller.
Computer output microfiche vouchers shall be deemed
original records under the Comptroller's Records Act.
(Source: P.A. 89-360, eff. 8-17-95; revised 10-31-98.)
Section 14. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 15-45 as
follows:
(20 ILCS 301/15-45)
Sec. 15-45. Notice. For the purposes of this Act, the
notice required under Section 10-25 10 of the Illinois
Administrative Procedure Act is deemed sufficient when mailed
to the last known address of a party.
(Source: P.A. 88-80; revised 10-31-98.)
Section 15. The Personnel Code is amended by changing
Sections 4c and 8c as follows:
(20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
Sec. 4c. General exemptions. The following positions in
State service shall be exempt from jurisdictions A, B, and C,
unless the jurisdictions shall be extended as provided in
this Act:
(1) All officers elected by the people.
(2) All positions under the Lieutenant Governor,
Secretary of State, State Treasurer, State Comptroller,
State Board of Education, Clerk of the Supreme Court, and
Attorney General.
(3) Judges, and officers and employees of the
courts, and notaries public.
(4) All officers and employees of the Illinois
General Assembly, all employees of legislative
commissions, all officers and employees of the Illinois
Legislative Reference Bureau, the Legislative Research
Unit, and the Legislative Printing Unit.
(5) All positions in the Illinois National Guard
and Illinois State Guard, paid from federal funds or
positions in the State Military Service filled by
enlistment and paid from State funds.
(6) All employees of the Governor at the executive
mansion and on his immediate personal staff.
(7) Directors of Departments, the Adjutant General,
the Assistant Adjutant General, the Director of the
Illinois Emergency Management Agency, members of boards
and commissions, and all other positions appointed by
the Governor by and with the consent of the Senate.
(8) The presidents, other principal administrative
officers, and teaching, research and extension faculties
of Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, the Illinois
Community College Board, Southern Illinois University,
Illinois Board of Higher Education, University of
Illinois, State Universities Civil Service System,
University Retirement System of Illinois, and the
administrative officers and scientific and technical
staff of the Illinois State Museum.
(9) All other employees except the presidents,
other principal administrative officers, and teaching,
research and extension faculties of the universities
under the jurisdiction of the Board of Regents and the
colleges and universities under the jurisdiction of the
Board of Governors of State Colleges and Universities,
Illinois Community College Board, Southern Illinois
University, Illinois Board of Higher Education, Board of
Governors of State Colleges and Universities, the Board
of Regents, University of Illinois, State Universities
Civil Service System, University Retirement System of
Illinois, so long as these are subject to the provisions
of the State Universities Civil Service Act.
(10) The State Police so long as they are subject
to the merit provisions of the State Police Act.
(11) The scientific staff of the State Scientific
Surveys and the Waste Management and Research Center.
(12) The technical and engineering staffs of the
Department of Transportation, the Department of Nuclear
Safety and the Illinois Commerce Commission, and the
technical and engineering staff providing architectural
and engineering services in the Department of Central
Management Services.
(13) All employees of the Illinois State Toll
Highway Authority Commission.
(14) The Secretary of the Industrial Commission.
(15) All persons who are appointed or employed by
the Director of Insurance under authority of Section 202
of the Illinois Insurance Code to assist the Director of
Insurance in discharging his responsibilities relating to
the rehabilitation, liquidation, conservation, and
dissolution of companies that are subject to the
jurisdiction of the Illinois Insurance Code.
(16) All employees of the St. Louis Metropolitan
Area Airport Authority.
(17) All investment officers employed by the
Illinois State Board of Investment.
(18) Employees of the Illinois Young Adult
Conservation Corps program, administered by the Illinois
Department of Natural Resources, authorized grantee under
Title VIII of the Comprehensive Employment and Training
Act of 1973, 29 USC 993.
(19) Seasonal employees of the Department of
Agriculture for the operation of the Illinois State Fair
and the DuQuoin State Fair, no one person receiving more
than 29 days of such employment in any calendar year.
(20) All "temporary" employees hired under the
Department of Natural Resources' Illinois Conservation
Service, a youth employment program that hires young
people to work in State parks for a period of one year or
less.
(21) All hearing officers of the Human Rights
Commission.
(22) All employees of the Illinois Mathematics and
Science Academy.
(23) All employees of the Kankakee River Valley
Area Airport Authority.
(Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96; 90-490,
eff. 8-17-97; revised 10-31-98.)
(20 ILCS 415/8c) (from Ch. 127, par. 63b108c)
Sec. 8c. Jurisdiction C; conditions of employment. For
positions in the State service subject to the jurisdiction of
the Department of Central Management Services with respect to
conditions of employment:
(1) For establishment of a plan for resolving employee
grievances and complaints, excluding compulsory arbitration.
(2) For hours of work, holidays, and attendance
regulation in the various classes of positions in the State
service; for annual, sick and special leaves of absence, with
or without pay or with reduced pay; for compensatory time off
for overtime or for pay for overtime, and for the rate at
which compensatory time off is to be allowed or for the rate
which is to be paid for overtime. If the services of an
employee in the State service are terminated by reason of his
retirement, disability or death, he, or his estate, as the
case may be, shall be paid a lump sum, for the number of days
for leave for personal business which the employee had
accumulated but not used as of the date his services were
terminated, in an amount equal to 1/2 of his pay per working
day times the number of such leave days so accumulated and
not used.
(3) For the development and operation of programs to
improve the work effectiveness and morale of employees in the
State service, including training, safety, health, welfare,
counseling, recreation, employee relations, a suggestion
system, and others.
Employees whose tuition and fees are paid by the State,
either directly or by reimbursement, shall incur a work
commitment to the State. Employees whose State paid training
has not led to a postsecondary degree shall be obligated to
continue in the employ of the State, but not necessarily in
the same agency, for a period of at least 18 months following
completion of the most recent course. Employees whose State
paid training has led to a postsecondary degree and whose
State payments have paid for 50% or more of the required
credit hours shall be obligated to continue in the employ of
the State, but not necessarily in the same agency, for a
minimum of 4 years after receiving the degree.
If the employee does not fulfill this work commitment by
voluntarily leaving State employment, the State may recover
payments in a civil action and may also recover interest at
the rate of 1% per month from the time the State makes
payment until the time the State recovers the payment. The
amount the State may recover under this subsection (3) shall
be reduced by 25% of the gross amount paid by the State for
each year the employee is employed by the State after the
employee receives a postsecondary degree, and 1/18th of the
gross amount paid by the State for each month the employee is
employed by the State after the employee completes the most
recent course which has not led to a postsecondary degree.
The State shall not recover payments for course work or a
training program that was (a) started before the effective
date of this Act; (b) completed as a requirement for a
grammar school certificate or a high school diploma, to
prepare for a high school level General Educational
Development Test or to improve literacy or numeracy; (c)
specialized training in the form of a conference, seminar,
workshop or similar arrangement offered by public or private
organizations; (d) provided as part of the Upward Mobility
Program administered by the Department of Central Management
Services; or (e) a condition of continued employment.
Department of State Police employees who are enrolled in
an official training program that lasts longer than one year
shall incur a work commitment to the State. The work
commitment shall be 2 months for each month of completed
training. If the employee fails to fulfill this work
commitment by voluntarily leaving State employment, the State
may recover wages in a civil action and may also recover
interest at the rate of 1% per month from the time the State
makes payment until the time the State recovers the payment.
The amount the State may recover under this subsection (3)
shall be reduced by the number of months served after the
training is completed times the monthly salary at the time of
separation.
The Department of Central Management Services shall
promulgate rules governing recovery activities to be used by
all State agencies paying, whether directly or by
reimbursement, for employee tuition and fees. Each such
agency shall make necessary efforts, including pursuing
appropriate legal action, to recover the actual
reimbursements and applicable interest due the State under
this subsection (3).
(4) For the establishment of a sick pay plan in
accordance with Section 36 of the State Finance Act.
(5) For the establishment of a family responsibility
leave plan under which an employee in the State service may
request and receive a leave of absence for up to one year
without penalty whenever such leave is requested to enable
the employee to meet a bona fide family responsibility of
such employee. The procedure for determining and documenting
the existence of a bona fide family responsibility shall be
as provided by rule, but without limiting the circumstances
which shall constitute a bona fide family responsibility
under the rules, such circumstances shall include leave
incident to the birth of the employee's child and the
responsibility thereafter to provide proper care to that
child or to a newborn child adopted by the employee, the
responsibility to provide regular care to a disabled,
incapacitated or bedridden resident of the employee's
household or member of the employee's family, and the
responsibility to furnish special guidance, care and
supervision to a resident of the employee's household or
member of the employee's family in need thereof under
circumstances temporarily inconsistent with uninterrupted
employment in State service. The family responsibility leave
plan so established shall provide that any such leave shall
be without pay, that the seniority of the employee on such
leave shall not be reduced during the period of the leave,
that such leave shall not under any circumstance or for any
purpose be deemed to cause a break in such employee's State
service, that during the period of such leave any coverage of
the employee or the employee's dependents which existed at
the commencement of the leave under any group health,
hospital, medical and life insurance plan provided through
the State shall continue so long as the employee pays to the
State when due the full premium incident to such coverage,
and that upon expiration of the leave the employee shall be
returned to the same position and classification which such
employee held at the commencement of the leave. The Director
of Central Management Services shall prepare proposed rules
consistent with this paragraph within 45 days after the
effective date of this amendatory Act of 1983, shall promptly
thereafter cause a public hearing thereon to be held as
provided in Section 8 and shall within 120 days after the
effective date of this amendatory Act of 1983 cause such
proposed rules to be submitted to the Civil Service
Commission as provided in Section 8.
(6) For the development and operation of a plan for
alternative employment for any employee who is able to
perform alternative employment after a work related or
non-work related disability essentially precludes that
employee from performing his or her currently assigned
duties. Such a plan shall be voluntary for any employee and
nonparticipation shall not be grounds for denial of any
benefit to which the employee would otherwise be eligible.
Any plan seeking to cover positions for which there is a
recognized bargaining agent shall be subject to collective
bargaining between the parties.
(7) For the development and operation of an Executive
Development Program to provide scholarships for the receipt
of academic degrees or senior executive training beyond the
Bachelor's degree level for as many as 25 employees at any
given time:
(i) each of whom is nominated for such scholarship
by the head of the employee's agency and approved by the
Director;
(ii) who are subject to Term Appointment under
Section 8b.18 8b18 or who would be subject to such Term
Appointment but for Federal funding or who are exempt
from Jurisdiction B under subsections (2), (3) or (6) of
Section 4d of this Act:
(iii) who meet the admission standards established
by the institution awarding the advanced degree or
conducting the training;
(iv) each of whom agrees, as a condition of
accepting such scholarship, that the State may recover
the scholarship by garnishment, lien or other appropriate
legal action if the employee fails to continue in the
employ of the State, but not necessarily in the same
agency, for a minimum of 4 years following receipt of an
advanced degree or training and that the State may charge
interest from the time of payment until the time of
recovery of such scholarship of no less than 1% per month
or 12% per annum on all funds recovered by the State.
The amount the State may recover under this Section will
be reduced by 25% of the gross amount paid by the State
for each year of employment following receipt of the
advanced degree or training.
The Director shall in approving eligible employees for
the Executive Development Program make every attempt to
guarantee that at least 1/3 of the employees appointed to the
program reflect the ratio of sex, race, and ethnicity of
eligible employees.
Such scholarships shall not exceed the amount established
for tuition and fees for the applicable advanced degree or
training at State universities in Illinois whether the
employee enrolls at any Illinois public or private
institution, and shall not include any textbooks or equipment
such as personal computers.
The Department of Central Management Services shall make
necessary efforts, including appropriate legal action, to
recover scholarships and interest thereupon due subject to
recovery by the State under Subparagraph (iv) of this
Subsection (7).
(Source: P.A. 86-1004; 87-279; 87-888; revised 10-31-98.)
Section 16. The Children and Family Services Act is
amended by changing Sections 5 and 9.8 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, in a licensed shelter
facility, or secure child care 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 5-740 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 approved by the Department of Human Services, as a
successor to the Department of Alcoholism and Substance
Abuse, for the purpose of identifying 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 (i)
immediately prior to their adoption were legal wards of the
Department or (ii) were determined eligible for financial
assistance with respect to a prior adoption and who become
available for adoption because the prior adoption has been
dissolved and the parental rights of the adoptive parents
have been terminated or because the child's adoptive parents
have died. 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 5-740 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 guardian.
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.
(j-5) The Department shall not deny or delay the
placement of a child for adoption if an approved family is
available either outside of the Department region handling
the case, or outside of the State of Illinois.
(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 offer family
preservation services, as defined in Section 8.2 of the
Abused and Neglected Child Reporting Act, to help families,
including adoptive and extended families. Family preservation
services shall be offered (i) to prevent the placement of
children in substitute care when the children can be cared
for at home or in the custody of the person responsible for
the children's welfare, (ii) to reunite children with their
families, or (iii) to maintain an adoptive placement. Family
preservation services shall only be offered when doing so
will not endanger the children's health or safety. With
respect to children who are in substitute care pursuant to
the Juvenile Court Act of 1987, family preservation services
shall not be offered if a goal other than those of
subdivisions (A), (B), or (B-1) of subsection (2) of Section
2-28 of that Act has been set. 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 5-710 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 determining reasonable efforts to be made with
respect to a child, as described in this subsection, and in
making such reasonable efforts, the child's health and safety
shall be the paramount concern.
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 unless otherwise required, pursuant to the Juvenile
Court Act of 1987. 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 5-415 5-501 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
5-415 5-501 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.
(m-1) The Department may place children under 18 years
of age in a secure child care facility licensed by the
Department that cares for children who are in need of secure
living arrangements for their health, safety, and well-being
after a determination is made by the facility director and
the Director or the Director's designate prior to admission
to the facility subject to Section 2-27.1 of the Juvenile
Court Act of 1987. This subsection (m-1) does not apply to a
child who is subject to placement in a correctional facility
operated pursuant to Section 3-15-2 of the Unified Code of
Corrections.
(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 (i) a child
or foster family concerning a decision following an initial
review by a private child welfare agency or (ii) a
prospective adoptive parent who alleges a violation of
subsection (j-5) of this Section. 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;
90-590, eff. 1-1-99; 90-608, eff. 6-30-98; 90-655, eff.
7-30-98; revised 12-23-98.)
(20 ILCS 505/9.8) (from Ch. 23, par. 5009.8)
Sec. 9.8. Court Enforcement. The Department shall refer
to the State's Attorney, Attorney General, or to the proper
legal representative of the unit of government or private
agency, for judicial enforcement as herein provided,
instances of failure to make parental payments as required by
law. Action shall be brought in the circuit court to obtain
parental payments and the recovery of such payments may be
taken separately or they may be consolidated with actions to
obtain other child support. Such actions may be brought in
the name of the child receiving care and training, or may be
brought in the name of the Department or the unit of local
government, as the case requires, in behalf of such persons.
The court may enter orders for the payment of monies for
the care and training of the children as may be just and
equitable and may direct payment thereof for such period or
periods of time as the circumstances require. The order may
be entered against the parents or guardians and shall be
based upon the standard determined under Section 9.1 or an
amount determined by the court to reflect the ability to
contribute to the care and training of their children
provided by the Department.
When an order is entered for the parental payment for
care and training of the child, and the parent or guardian
willfully refuses to comply with its enforcement, the parent
or guardian may be declared in contempt of court and punished
therefor therefore.
(Source: P.A. 83-1037; revised 10-31-98.)
Section 17. The Civil Administrative Code of Illinois is
amended by changing Sections 46.6a, 46.19e, and 46.32a as
follows:
(20 ILCS 605/46.6a) (from Ch. 127, par. 46.6a)
Sec. 46.6a. (1) To establish a grant program for local
tourism and convention bureaus. The Department will develop
and implement a program for the use of funds, as authorized
under this Act, by local tourism and convention bureaus. For
the purposes of this Act, bureaus eligible to receive funds
are defined as those bureaus in legal existence as of January
1, 1985, which are either a unit of local government or
incorporated as a not-for-profit organization, are affiliated
with one or more municipality or county, and employ one full
time staff person whose purpose is to promote tourism. Each
bureau receiving funds under this Act will be certified by
the Department as the designated recipient to serve an area
of the State. These funds may not be used in support of the
Chicago World's Worlds Fair.
(2) To distribute grants to local tourism and convention
bureaus from appropriations made from the Local Tourism Fund
for that purpose. Of the amounts appropriated annually to the
Department for expenditure under this Section, 1/3 of such
monies shall be used for grants to convention and tourism
bureaus in cities with a population greater than 500,000. The
remaining 2/3 of the annual appropriation shall be used for
grants to such bureaus in the remainder of the State, in
accordance with a formula based upon the population served.
The Department may reserve up to 10% of the total
appropriated to conduct audits of grants, to provide
incentive funds to those bureaus which will conduct
promotional activities designed to further the Department's
statewide advertising campaign, to fund special statewide
promotional activities, and to fund promotional activities
which support an increased use of the State's parks or
historic sites.
(Source: P.A. 90-26, eff. 7-1-97; revised 10-31-98.)
(20 ILCS 605/46.19e) (from Ch. 127, par. 46.19e)
Sec. 46.19e. The Department shall have the following
duties and responsibilities in regard to this Act:
(a) to establish or cosponsor mentoring conferences,
utilizing experienced manufacturing exporters, to explain and
provide information to prospective export manufacturers and
businesses concerning the process of exporting to both
domestic and international opportunities;
(b) to provide technical assistance to prospective
export manufacturers and businesses seeking to establish
domestic and international export opportunities;
(c) to coordinate with the Department's Small Business
Development Centers to link buyers with prospective export
manufacturers and businesses;
(d) to promote, both domestically and abroad, products
made in Illinois and advise consumers and buyers of their
high quality standards and craftsmanship;
(e) to provide technical assistance toward establishment
of export trade corporations in the private sector;
(f) to develop an electronic data base to compile
information on international trade and investment activities
in Illinois companies, provide access to research and
business opportunities through external data bases, and
connect this data base through international communication
systems with appropriate domestic and worldwide networks
users;
(g) to collect and distribute to foreign commercial
libraries directories, catalogs, brochures, and other
information of value to foreign businesses considering doing
business in this State;
(h) to establish an export finance awareness program to
provide information to banking organizations about methods
used by banks to provide financing for businesses engaged in
exporting and about other State and federal programs to
promote and expedite export financing; and
(i) to undertake a survey of Illinois' businesses to
identify exportable products and the businesses interested in
exporting.
(Source: P.A. 85-975; revised 10-31-98.)
(20 ILCS 605/46.32a) (from Ch. 127, par. 46.32a)
Sec. 46.32a. (a) The Department shall promote
labor-management relations and provide assistance in the
development of local labor-management committees.
In the Department there shall be a Labor-Management
Cooperation Committee composed of 12 public members appointed
by the Governor with the advice and consent of the Senate.
Six members shall represent executive level management of
businesses that employ labor union members and 6 members
shall represent major labor union leadership. The Governor
shall designate 1 business representative and 1 labor
representative as cochairmen. Appointed members shall not be
represented at a meeting by another person. There shall be 6
ex officio nonvoting members: the Director of the Department,
who shall serve as Secretary, the Director of the Department
of Labor, 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. Each ex
officio member shall serve during the term of his or her
office. Ex officio members may be represented by duly
authorized substitutes.
In making the initial public member appointments to the
Committee, 3 of the business representatives and 3 of the
labor union representatives shall be appointed for terms
expiring July 1, 1987. The remaining public members shall be
appointed for terms expiring July 1, 1988. Thereafter, public
members of the Committee shall be appointed for terms of 2
years expiring on July 1, or until their successors are
appointed and qualified. The Governor may at any time, with
the advice and consent of the Senate, make appointments to
fill vacancies for the balance of an unexpired term. Public
members shall serve without compensation, but shall be
reimbursed by the Department for necessary expenses incurred
in the performance of their duties. The Department shall
provide staff assistance to the Committee.
The Committee shall have the following duties:
(1) to improve communications between labor and
management on significant economic problems facing the
State;
(2) to encourage and support the development of
local labor-management committees at the plant, industry
and area levels across the State;
(3) to assess the progress of area labor-management
committees that have been formed across the State and
provide input to the Director of the Department
concerning matching grants to area labor-management
committees or other grant programs established in this
Act;
(4) to convene a Statewide conference on
labor-management concerns at least once every 2 years;
(5) to issue a report on labor-management concerns
to the Governor and the General Assembly every 2 years
commencing in March of 1987. This report shall outline
the accomplishments of the Committee and specific
recommendations for improving Statewide labor-management
relations.
(b) The Director, with the advice of the
Labor-Management Cooperation Committee, shall have the
authority to provide matching grants, grants and other
resources to establish or assist area labor-management
committees and other projects which serve to enhance
labor-management relations. The Department shall have the
authority, with the advice of the Labor-Management
Cooperation Committee, to award grants or matching grants in
four areas:
(1) At least 60 percent of the annual appropriation
to the Department, for providing labor-management grants
and resources shall be awarded as matching grants to
existing local labor-management committees. To be
eligible for matching grants pursuant to this subsection,
local labor-management committees shall:
(i) Be a formal, not-for-profit organization
structured for continuing service with voluntary
membership;
(ii) Be composed of labor and management
representatives;
(iii) Service a distinct and identifiable
geographic region;
(iv) Be staffed by a professional chief
executive officer;
(v) Have been established with the Department
for at least two years;
(vi) Operate in compliance with rules set
forth by the Department with the advice of the
Labor-Management Cooperation Committee; and
(vii) Ensure that its efforts and activities
are coordinated with relevant agencies, including
but not limited to the following:
Department of Commerce and Community Affairs
Illinois Department of Labor
Economic development agencies
Corridor councils
Planning agencies
Colleges, universities and community colleges
U.S. Department of Labor
Statewide Job Training Partnership Act
entities.
Further, the purpose of the local labor-management
committees will include, but not be limited to:
(i) Enhancing the positive labor-management
relationship within the state, region, community
and/or work place;
(ii) Assisting in the retention, expansion and
attraction of businesses and jobs within the State
through special training programs, gathering and
dissemination of information and providing
assistance in local economic development efforts as
appropriate;
(iii) Creating and maintaining a regular
nonadversarial forum for ongoing dialogue between
labor and management representatives to discuss and
resolve issues of mutual concern outside the realm
of the traditional collective bargaining process;
(iv) Acting as an intermediary for initiating
local programs between unions and employers which
would generally improve economic conditions in a
region;
(v) Encouraging, assisting and facilitating
the development of work-site and industry
labor-management committees in the region.
Any local labor-management committee meeting these
criteria may apply to the Department for annual matching
grants, provided providing that the local committee
contributes at least 25 percent in matching funds, of
which no more than 50 percent shall be "in-kind"
services. Funds received by a local committee pursuant
to this subsection shall be used for the ordinary
operating expenses of the local committee.
(2) Up to 20 percent of the annual appropriation to
the Department for providing labor-management grants and
resources may be awarded as matching grants to local
labor-management committees which do not meet all of the
eligibility criteria set forth in subsection (1).
However, to be eligible to apply for a grant under this
subsection, the local labor-management committee, at a
minimum, shall:
(i) Be composed of labor and management
representatives;
(ii) Service a distinct and identifiable
geographic region;
(iii) Operate in compliance with the rules set
forth by the Department with the advice of the
Labor-Management Cooperation Committee;
(iv) Ensure that its efforts and activities
are directed toward enhancing the labor-management
relationship within the State, region, community
and/or work place.
Any local labor-management committee meeting
these criteria may apply to the Department for an annual
matching grant, provided providing that the local
committee contributes at least 25 percent in matching
funds of which no more than 50 percent shall be "in-kind"
services. Funds received by a local committee pursuant
to paragraph (2) of subsection (b) of this Section shall
be used for the ordinary and operating expenses of the
local committee. Eligible committees shall be limited to
three years of funding under this subsection. With
respect to those committees participating in this program
prior to enactment of this amendatory Act of 1988 which
fail to qualify under paragraph (1) of subsection (b) of
this Section, previous years' funding shall be counted in
determining whether those committees have reached their
funding limit under this paragraph (2).
(3) Up to 10 percent of the annual appropriation to
the Department for providing labor-management grants and
resources may be awarded as grants to develop and conduct
specialized education and training programs of direct
benefit to representatives of labor, management,
labor-management committees and/or their staff. The type
of education and training programs to be developed and
offered will be determined and prioritized annually by
the Department, with the advice of the Labor-Management
Cooperation Committee. The Department will develop and
issue an annual request for proposals proposal detailing
the program specifications.
(4) Up to 10 percent of the annual appropriation to
the Department for providing labor-management grants and
resources may be awarded as grants for research and
development projects related to labor-management issues.
The Department, with the advice of the Labor-Management
Cooperation Committee, will develop and prioritize
annually the type and scope of the research and
development projects deemed necessary.
The Department is authorized to establish
applications, application procedures and promulgate any
rules deemed necessary in the administration of such
grants.
(c) To administer the grant programs created by this
Act, the Department shall establish an Office of
Labor-Management Cooperation. The purpose of this office
shall include, but not be limited to:
(1) To administer the grant programs, including
developing grant applications and requests for proposals
proposal, program monitoring and evaluation.
(2) To serve as State liaison with other state,
regional and national organizations devoted to promoting
labor-management cooperation; disseminating pertinent
information secured through these state, regional and
national affiliations to local labor-management
committees, the Labor-Management Cooperation Committee
and other interested parties throughout the State.
(3) To provide technical assistance to area,
industry or work-site labor-management committees as
requested.
(4) To serve as a clearinghouse for information
related to labor-management cooperation.
(5) To serve as a catalyst to developing and
strengthening a partnership among local, state, regional
and national organizations and agencies devoted to
enhancing labor-management cooperation.
(6) To provide any other programs or services which
enhance labor-management cooperation within the State of
Illinois as determined by the Director with the advice of
the Labor-Management Cooperation Committee.
(Source: P.A. 88-456; revised 10-31-98.)
Section 18. The Economic Development Area Tax Increment
Allocation Act is amended by changing Section 9 as follows:
(20 ILCS 620/9) (from Ch. 67 1/2, par. 1009)
Sec. 9. Powers of municipalities., In addition to powers
which it may now have, any municipality has the power under
this Act:
(a) To make and enter into all contracts necessary or
incidental to the implementation and furtherance of an
economic development plan.
(b) Within an economic development project area, to
acquire by purchase, donation, lease or eminent domain, and
to own, convey, lease, mortgage or dispose of land and other
real or personal property or rights or interests therein; and
to grant or acquire licenses, easements and options with
respect thereto, all in the manner and at such price the
municipality determines is reasonably necessary to achieve
the objectives of the economic development project. No
conveyance, lease, mortgage, disposition of land or other
property acquired by the municipality, or agreement relating
to the development of property, shall be made or executed
except pursuant to prior official action of the municipality.
No conveyance, lease, mortgage or other disposition of land,
and no agreement relating to the development of property,
shall be made without making public disclosure of the terms
and disposition of all bids and proposals submitted to the
municipality in connection therewith.
(c) To clear any area within an economic development
project area by demolition or removal of any existing
buildings, structures, fixtures, utilities or improvements,
and to clear and grade land.
(d) To install, repair, construct, reconstruct or
relocate public streets, public utilities, and other public
site improvements within or without an economic development
project area which are essential to the preparation of an
economic development project area for use in accordance with
an economic development plan.
(e) To renovate, rehabilitate, reconstruct, relocate,
repair or remodel any existing buildings, improvements, and
fixtures within an economic development project area.
(f) To construct public improvements, including but not
limited to, buildings, structures, works, utilities or
fixtures within any economic development project area.
(g) To issue obligations as in this Act provided.
(h) To fix, charge and collect fees, rents and charges
for the use of any building, facility or property or any
portion thereof owned or leased by the municipality within an
economic development project area.
(i) To accept grants, guarantees, donations of property
or labor, or any other thing of value for use in connection
with an economic development project.
(j) To pay or cause to be paid economic development
project costs. Any payments to be made by the municipality to
developers or other nongovernmental persons for economic
development project costs incurred by such developer or other
nongovernmental person shall be made only pursuant to the
prior official action of the municipality evidencing an
intent to pay or cause to be paid such economic development
project costs. A municipality is not required to obtain any
right, title or interest in any real or personal property in
order to pay economic development project costs associated
with such property. The municipality shall adopt such
accounting procedures as may be necessary to determine that
such economic development project costs are properly paid.
(k) To exercise any and all other powers necessary to
effectuate the purposes of this Act.
(l) To create a commission of not less than 5 or more
than 15 persons to be appointed by the mayor or president of
the municipality with the consent of the majority of the
corporate authorities of the municipality. Members of a
commission shall be appointed for initial terms of 1, 2, 3,
4, and 5 years, respectively, in such numbers as to provide
that the terms of not more than 1/3 of all such members shall
expire in any one year. Their successors shall be appointed
for a term of 5 years. The commission, subject to approval of
the corporate authorities, may exercise the powers enumerated
in this Section. The commission shall also have the power to
hold the public hearings required by this Act and make
recommendations to the corporate authorities concerning the
approval of economic development plans, the establishment of
economic development project areas, and the adoption of tax
increment allocation financing for economic development
project areas.
(Source: P.A. 86-38; revised 10-31-98.)
Section 19. The Illinois Enterprise Zone Act is amended
by changing Section 8 as follows:
(20 ILCS 655/8) (from Ch. 67 1/2, par. 612)
Sec. 8. Zone Administration. The administration of an
Enterprise Zone shall be under the jurisdiction of the
designating municipality or county. Each designating
municipality or county shall, by ordinance, designate a Zone
Administrator for the certified zones within its
jurisdiction. A Zone Administrator must be an officer or
employee of the municipality or county. The Zone
Administrator shall be the liaison between the designating
municipality or county, the Department, and any designated
zone organizations within zones under his jurisdiction.
A designating municipality or county may designate one or
more organizations qualified under paragraph (d) of Section 3
to be designated zone organizations for purposes of this Act.
The municipality or county, may, by ordinance, delegate
functions within an Enterprise Zone to one or more designated
zone organizations in such zones.
Subject to the necessary governmental authorizations,
designated zone organizations may provide the following
services or perform the following functions in coordination
with the municipality or county:
(a) Provide or contract for provision of public services
including, but not limited to:
(1) establishment of crime watch patrols within
zone neighborhoods;
(2) establishment of volunteer day care centers;
(3) organization of recreational activities for
zone area youth;
(4) garbage collection;
(5) street maintenance and improvements;
(6) bridge maintenance and improvements;
(7) maintenance and improvement of water and sewer
lines;
(8) energy conservation projects;
(9) health and clinic services;
(10) drug abuse programs;
(11) senior citizen assistance programs;
(12) park maintenance;
(13) rehabilitation, renovation, and operation and
maintenance of low and moderate income housing; and
(14) other types of public services as provided by
law or regulation.;
(b) Exercise authority for the enforcement of any code,
permit, or licensing procedure within an Enterprise Zone.;
(c) Provide a forum for business, labor and government
action on zone innovations.;
(d) Apply for regulatory relief as provided in Section 8
of this Act.;
(e) Receive title to publicly owned land.;
(f) Perform such other functions as the responsible
government entity may deem appropriate, including offerings
and contracts for insurance with businesses within the Zone.;
(g) Agree with local governments to provide such public
services within the zones by contracting with private firms
and organizations, where feasible and prudent.
(h) Solicit and receive contributions to improve the
quality of life in the Enterprise Zone.
(Source: P.A. 82-1019; revised 10-31-98.)
Section 20. The Illinois Promotion Act is amended by
changing Section 4 as follows:
(20 ILCS 665/4) (from Ch. 127, par. 200-24)
Sec. 4. The Department shall have the following powers:
(a) To formulate a program for the promotion of tourism
and the film industry in the State of Illinois, including the
promotion of our State Parks, fishing and hunting areas,
historical shrines, vacation regions and areas of historic or
scenic interest.;
(b) To cooperate with civic groups and local, State and
federal departments and agencies, and agencies and
departments of other states in encouraging educational
tourism and developing programs therefor.;
(c) To publish tourist promotional material such as
brochures and booklets.;
(d) To promote tourism in Illinois by articles and
advertisements in magazines, newspapers and travel
publications and by establishing promotional exhibitions at
fairs, travel shows, and similar exhibitions.;
(e) To establish and maintain travel offices at major
points of entry to the State.;
(f) To recommend legislation relating to the
encouragement of tourism in Illinois.;
(g) To assist municipalities or local promotion groups in
developing new tourist attractions including but not limited
to feasibility studies and analyses, research and
development, and management and marketing planning for such
new tourist attractions.
(h) To do such other acts as shall, in the judgment of
the Department, be necessary and proper in fostering and
promoting tourism in the State of Illinois.
(i) To implement a program of matching grants to
counties, municipalities or local promotion groups and loans
to for-profit businesses for the development or improvement
of tourism attractions in Illinois under the terms and
conditions provided in this Act.
(j) To expend funds from the International and
Promotional Fund, subject to appropriation, on any activity
authorized under this Act.
(Source: P.A. 90-26, eff. 7-1-97; revised 10-31-98.)
Section 21. The Technology Advancement and Development
Act is amended by changing Section 2003 as follows:
(20 ILCS 700/2003) (from Ch. 127, par. 3702-3)
Sec. 2003. Grant evaluation and amounts.
(a) The Department shall evaluate grant applications
based upon criteria provided under this Section. The
Department shall not award any Challenge Grant that is not
recommended for funding by the Illinois Governor's Science
and Technology Advisory Committee or associated private
sector coalition. In determining which grant applicants
shall be awarded a Challenge Grant, the Department shall
conduct an evaluation of prior compliance with loan or grant
agreements for any grant applicant previously funded by the
Department. In addition, the Department shall consider the
following criteria in determining grant awards: the
relationship of a proposed advanced technology project to the
State's future economic growth; the qualifications and
expertise of consultants, firms or organizations undertaking
the effort; the potential for leveraging federal or private
research dollars, or both, for the initiative; the extent of
the capacity of the applicant or the applicant partnership or
consortium to finance the initiative; the potential for
adapting, commercializing or adopting the results of the
applicant's project for the economic benefit of the State;
and the likelihood that the project has a potential for
creating new jobs or retaining current jobs in the State.
(b) The Director of the Department shall determine the
level of the grant award and shall determine the share of
total directly attributable costs of an advanced technology
project which may be considered for funding under this
Article.
(c) The Department and the Department of Natural
Resources are hereby authorized to cooperate with and provide
support to the Illinois Governor's Science and Technology
Advisory Committee and its associated private sector
coalition. Such support may include the provision of office
space and may be technical, advisory or operational in
nature.
(Source: P.A. 89-445, eff. 2-7-96; revised 12-2-98.)
Section 22. The Department of Natural Resources Act is
amended by changing Section 1-15 as follows:
(20 ILCS 801/1-15)
Sec. 1-15. General powers and duties.
(a) It shall be the duty of the Department to
investigate practical problems, implement studies, conduct
research and provide assistance, information and data
relating to the technology and administration of the natural
history, entomology, zoology, and botany of this State; the
geology and natural resources of this State; the water and
atmospheric resources of this State; and the archeological
and cultural history of this State.
(b) The Department shall obtain, store, and process
relevant data; recommend technological, administrative, and
legislative changes and developments; cooperate with other
federal, state, and local governmental research agencies,
facilities, or institutes in the selection of projects for
study; cooperate with the Board of Higher Education and with
the public and private colleges and universities in this
State in developing relevant interdisciplinary approaches to
problems; evaluate curricula at all levels of education and
provide assistance to instructors; and sponsor an annual
conference of leaders in government, industry, health, and
education to evaluate the state of this State's environment
and natural resources.
(c) The Director, in accordance with the Personnel Code,
shall employ such personnel, provide such facilities, and
contract for such outside services as may be necessary to
carry out the purposes of the Department. Maximum use shall
be made of existing federal and state agencies, facilities,
and personnel in conducting research under this Act.
(d) In addition to its other powers, the Department has
the following powers:
(1) To obtain, store, process, and provide data and
information related to the powers and duties of the
Department under this Act. This subdivision (d)(1) does
not give authority to the Department to require reports
from nongovernmental sources or entities.
(2) To cooperate with and support the Illinois
Governor's Science and Technology Advisory Committee and
the Illinois Coalition for the purpose of facilitating
the effective operations and activities of such entities.
Support may include, but need not be limited to,
providing space for the operations of the Committee and
the Illinois Coalition.
(e) The Department is authorized to make grants to local
not-for-profit organizations for the purposes of development,
maintenance and study of wetland areas.
(f) The Department has the authority to accept, receive
and administer on behalf of the State any gifts, bequests,
donations, income from property rental and endowments. Any
such funds received by the Department shall be deposited into
the Natural Resources Fund, a special fund which is hereby
created in the State treasury, and used for the purposes of
this Act or, when appropriate, for such purposes and under
such restrictions, terms and conditions as are predetermined
by the donor or grantor of such funds or property. Any
accrued interest from money deposited into the Natural
Resources Fund shall be reinvested into the Fund and used in
the same manner as the principal. The Director shall maintain
records which account for and assure that restricted funds or
property are disbursed or used pursuant to the restrictions,
terms or conditions of the donor.
(Source: P.A. 89-445, eff. 2-7-96; revised 12-2-98.)
Section 23. The Civil Administrative Code of Illinois is
amended by changing Section 44a as follows:
(20 ILCS 1005/44a) (from Ch. 127, par. 44a)
Sec. 44a. The Board of Review in the Department of
Employment Security shall exercise all powers and be subject
to all duties conferred or imposed upon said Board by the
provisions of the Unemployment Insurance Compensation Act,
enacted by the Sixtieth General Assembly, and by all
amendments thereto or modifications thereof, in its own name,
and without any direction, supervision, or control by the
Director of Employment Security.
(Source: P.A. 83-1503; revised 10-31-98.)
Section 24. The Illinois Coal and Energy Development
Bond Act is amended by changing Section 8 as follows:
(20 ILCS 1110/8) (from Ch. 96 1/2, par. 4108)
Sec. 8. Sale of bonds. The bonds shall be issued and
sold from time to time in such amounts as directed by the
Governor, upon recommendation by the Director of the Bureau
of the Budget. The bonds shall be serial bonds in the
denomination of $5,000 or some multiple thereof, shall be
payable within 30 years from their date, shall bear interest
payable annually or semiannually from their date at the rate
of not more than 15% per annum, or such higher maximum rate
as may be authorized by "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
amended, shall be dated, and shall be in such form as the
Director of the Bureau of the Budget shall fix and determine
in the order authorizing the issuance and sale of the bonds,
which order shall be approved by the Governor prior to the
giving of notice of the sale of any of the bonds. These
bonds shall be payable as to both principal and interest at
such place or places, within or without the State of
Illinois, and may be made registrable as to either principal
or as to both principal and interest, as shall be fixed and
determined by the Director of the Bureau of the Budget in the
order authorizing the issuance and sale of such bonds. The
bonds may be callable as fixed and determined by the Director
of the Bureau of the Budget in the order authorizing the
issuance and sale of the bonds; provided, however, that the
State shall not pay a premium of more than 3% of the
principal of any bonds so called.
(Source: P.A. 82-974; revised 10-31-98.)
Section 25. The Hazardous Waste Technology Exchange
Service Act is amended by changing Section 5 as follows:
(20 ILCS 1130/5) (from Ch. 111 1/2, par. 6805)
Sec. 5. Duties of Center; Industrial Advisory Committee.
(a) The Waste Management and Research Center shall:
(1) Conduct educational programs to further the
exchange of information to reduce the generation of
hazardous wastes or to treat or dispose of such wastes so
as to make them nonhazardous.
(2) Provide a technical information service for
industries involved in the generation, treatment, or
disposal of hazardous wastes.
(3) Disseminate information regarding advances in
hazardous waste management technology which could both
protect the environment and further industrial
productivity.
(4) Provide research in areas related to reduction
of the generation of hazardous wastes; treatment,
recycling and reuse; and other issues which the Board may
suggest.
(5) Provide other services as deemed necessary or
desirable by the Board.
(6) Submit a biennial report to the General
Assembly on Center activities.
(b) The Director of the Department shall be responsible
for the administration of the Center.
(c) The Department shall have the authority to accept,
receive and administer on behalf of the Center any grants,
gifts or other funds made available for purposes of this Act.
(d) The Board shall (1) provide policy guidelines and
goals for the Center; (2) approve the Center's budget; (3)
approve any reports; and (4) otherwise direct the Center in
accordance with its statutory powers and duties contained in
Section 15-10 of the Department of Natural Resources Act 6 of
"An Act in relation to natural resources, research, data
collection and environmental studies", approved July 14,
1978, as amended.
(e) The Director shall appoint an Industrial Advisory
Committee which shall be composed of representatives of
industries which are involved in the generation, treatment or
disposal of hazardous waste, or representatives of
organizations of such industries. To the extent possible,
the Director shall choose members representing large and
small industries from all geographical areas of the State.
Members of the Industrial Advisory Committee shall receive no
compensation but may be reimbursed for reasonable expenses
incurred in carrying out their duties.
The Industrial Advisory Committee shall advise the
Department on programs, services and activities necessary to
assist large and small businesses in economically reducing,
through source reduction, treatment and recycling, the amount
and toxicity of hazardous waste to be disposed of on or in
the land.
(Source: P.A. 90-490, eff. 8-17-97; revised 2-24-98.)
Section 26. The Financial Institutions Code is amended
by changing Section 17 as follows:
(20 ILCS 1205/17) (from Ch. 17, par. 118)
Sec. 17. Neither the Director, nor any supervisor, nor
any examiner shall be an officer, director, owner, or
shareholder of, or a partner in, or have any proprietary
interest, direct or indirect, in any financial institution;
provided, however, that ownership of withdrawable capital
accounts or shares in credit unions shall not be deemed to be
prevented hereby. If the Director or any supervisor, or
examiner, shall be a shareholder, or partner in or an owner
of or have any interest, direct or indirect, in any such
financial institution at the time of his appointment, he
shall dispose of his shares of stock or other evidences of
ownership or property within 120 days from the date of his
appointment. It is unlawful for the Director, any supervisor
or examiner to obtain any loan or gratuity from a financial
institution subject to the jurisdiction of the Department as
herein provided. If any other employee of the Department
borrows from or becomes indebted in an aggregate amount of
$2,500 or more to any financial institution subject to the
jurisdiction of the Department, he shall make a written
report to the Director stating the date and amount of such
loan or indebtedness, the security therefor, if any, and the
purpose or purposes for which proceeds have been or are to be
used.
(Source: Laws 1965, p. 2122; revised 10-31-98.)
Section 27. The Illinois Lottery Law is amended by
changing Sections 21 and 24 as follows:
(20 ILCS 1605/21) (from Ch. 120, par. 1171)
Sec. 21. All lottery sales agents or distributors shall
be liable to the Lottery for any and all tickets accepted or
generated by any employee or representative of that agent or
distributor, and such tickets shall be deemed to have been
purchased by the agent or distributor unless returned to the
Lottery within the time and in the manner prescribed by the
Director. All moneys received by such agents or distributors
from the sale of lottery tickets or shares, less the amount
retained as compensation for the sale of the tickets or
shares and the amount paid out as prizes, shall be paid over
to a lottery representative or deposited in a bank or savings
and loan association approved by the State Treasurer, as
prescribed by the Director.
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 the Public Funds Investment Act "An Act relating
to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
Each payment or deposit shall be accompanied by a report
of the agent's receipts and transactions in the sale of
lottery tickets in such form and containing such information
as the Director may require. Any discrepancies in such
receipts and transactions may be resolved as provided by the
rules and regulations of the Department.
If any money due the Lottery by a sales agent or
distributor is not paid when due or demanded, it shall
immediately become delinquent and be billed on a subsequent
monthly statement. If on the closing date for any monthly
statement a delinquent amount previously billed of more than
$50 remains unpaid, interest in such amount shall be accrued
at the rate of 2% per month or fraction thereof from the date
when such delinquent amount becomes past due until such
delinquent amount, including interest, penalty and other
costs and charges that the Department may incur in collecting
such amounts, is paid. In case any agent or distributor fails
to pay any moneys due the Lottery within 30 days after a
second bill or statement is rendered to the agent or
distributor, such amount shall be deemed seriously delinquent
and may be referred by the Department to a collection agency
or credit bureau for collection. Any contract entered into
by the Department for the collection of seriously delinquent
accounts with a collection agency or credit bureau may be
satisfied by a commercially reasonable percentage of the
delinquent account recouped, which shall be negotiated by the
Department in accordance with commercially accepted
standards. Any costs incurred by the Department or others
authorized to act in its behalf in collecting such
delinquencies may be assessed against the agent or
distributor and included as a part of the delinquent account.
In case of failure of an agent or distributor to pay a
seriously delinquent amount, or any portion thereof,
including interest, penalty and costs, the Department may
issue a Notice of Assessment. In determining amounts shown
on the Notice of Assessment, the Department shall utilize the
financial information available from its records. Such
Notice of Assessment shall be prima facie correct and shall
be prima facie evidence of delinquent sums due under this
Section at any hearing before the Board, or its Hearing
Officers, or at any other legal proceeding. Reproduced
copies of the Department's records relating to a delinquent
account or a Notice of Assessment offered in the name of the
Department, under the Certificate of the Director or any
officer or employee of the Department designated in writing
by the Director shall, without further proof, be admitted
into evidence in any such hearing or any legal proceeding and
shall be prima facie proof of the delinquency, including
principal and any interest, penalties and costs, as shown
thereon. The Attorney General may bring suit on behalf of the
Department to collect all such delinquent amounts, or any
portion thereof, including interest, penalty and costs, due
the Lottery.
Any person who accepts money that is due to the
Department from the sale of lottery tickets under this Act,
but who wilfully fails to remit such payment to the
Department when due or who purports to make such payment but
wilfully fails to do so because his check or other remittance
fails to clear the bank or savings and loan association
associations against which it is drawn, in addition to the
amount due and in addition to any other penalty provided by
law, shall be assessed, and shall pay, a penalty equal to 5%
of the deficiency plus any costs or charges incurred by the
Department in collecting such amount.
The Director may make such arrangements for any
person(s), banks, savings and loan associations or
distributors, to perform such functions, activities or
services in connection with the operation of the lottery as
he deems advisable pursuant to this Act, "the State
Comptroller Act", approved September 7, 1972, as now or
hereafter amended, or the rules and regulations of the
Department, and such functions, activities or services shall
constitute lawful functions, activities and services of such
person(s), banks, savings and loan associations or
distributors.
All income arising out of any activity or purpose of the
Department shall, pursuant to the "An Act in relation to
State Finance Act", approved June 10, 1919, as amended, be
paid into the State Treasury except as otherwise provided by
the rules and regulations of the Department and shall be
covered into a special fund to be known as the State Lottery
Fund. Banks and savings and loan associations may be
compensated for services rendered based upon the activity and
amount of funds on deposit.
(Source: P.A. 88-522; revised 10-31-98.)
(20 ILCS 1605/24) (from Ch. 120, par. 1174)
Sec. 24. The State Comptroller shall conduct a preaudit
of all accounts and transactions of the Department under the
State Comptroller Act, excluding payments issued by the
Department for prizes of $25,000 or less.
The Auditor General Auditor-General or a certified public
accountant firm appointed by him shall conduct an annual
post-audit of all accounts and transactions of the Department
and other special post audits as the Auditor General
Auditor-General, the Legislative Audit Commission, or the
General Assembly deems deem necessary. The annual post-audits
shall include payments made by lottery sales agents of prizes
of less than $600 authorized under Section 20, and payments
made by the Department of prizes up to $25,000 authorized
under Section 20.1. The Auditor General Auditor-General or
his agent conducting an audit under this Act shall have
access and authority to examine any and all records of the
Department or the Board, its distributing agents and its
licensees.
(Source: P.A. 87-1197; 88-676, eff. 12-14-94; revised
10-31-98.)
Section 28. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing
Sections 4, 18.1, and 22 as follows:
(20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
Sec. 4. To exercise executive and administrative
supervision over all facilities, divisions, programs and
services now existing or hereafter acquired or created under
the jurisdiction of the Department, including, but not
limited to, the following:
The Alton Mental Health Center, at Alton
The Clyde L. Choate Mental Health and Developmental
Center, at Anna
The Chester Mental Health Center, at Chester
The Chicago-Read Mental Health Center, at Chicago
The Elgin Mental Health Center, at Elgin
The Metropolitan Children and Adolescents Center, at
Chicago
The Jacksonville Developmental Center, at Jacksonville
The Governor Samuel H. Shapiro Developmental Center, at
Kankakee
The Tinley Park Mental Health Center, at Tinley Park
The Warren G. Murray Developmental Center, at Centralia
The Jack Mabley Developmental Center, at Dixon
The Lincoln Developmental Center, at Lincoln
The H. Douglas Singer Mental Health and Developmental
Center, at Rockford
The John J. Madden Mental Health Center, at Chicago
The George A. Zeller Mental Health Center, at Peoria
The Andrew McFarland Mental Health Center, at Springfield
The Adolf Meyer Mental Health Center, at Decatur
The William W. Fox Developmental Center, at Dwight
The Elisabeth Ludeman Developmental Center, at Park
Forest
The William A. Howe Developmental Center, at Tinley Park
The Ann M. Kiley Developmental Center, at Waukegan.
Beginning not later than July 1, 1977, the Department
shall cause each of the facilities under its jurisdiction
which provide in-patient care to comply with standards, rules
and regulations of the Department of Public Health prescribed
under Section 6.05 of the "Hospital Licensing Act", approved
July 1, 1953, as amended.
(Source: P.A. 87-447; 89-439, eff. 6-1-96; revised 10-31-98.)
(20 ILCS 1705/18.1) (from Ch. 91 1/2, par. 100-18.1)
Sec. 18.1. Community Mental Health and Developmental
Disabilities Services Provider Participation Fee Trust Fund.
(a) Deposits by State Treasurer. The State Treasurer
shall deposit moneys received by him as ex-officio custodian
of the Community Mental Health and Developmental Disabilities
Services Provider Participation Fee Trust Fund in banks or
savings and loan associations that have been approved by him
as State Depositaries under the Deposit of State Moneys Act
and with respect to such money shall be entitled to the same
rights and privileges as are provided by that Act with
respect to moneys in the treasury of the State of Illinois.
Any funds paid by providers in accordance with subsection
(c) shall be deposited into the Community Mental Health and
Developmental Disabilities Services Provider Participation
Fee Trust Fund.
Any funds paid by the federal government under Title XIX
of the Social Security Act to the State of Illinois for
services delivered by mental health or developmental
disabilities services community providers shall be deposited
into the Community Mental Health and Developmental
Disabilities Services Provider Participation Fee Trust Fund
if:
(1) the non-federal share is derived through
payment of fees by providers in accordance with
subsection (c); or
(2) the non-federal share is derived from local
government funds certification without regard to payment
of a fee by a provider.
(b) Definitions. As used in this Section:
"Fee" means a provider participation fee required to be
submitted by each applicable provider to the State according
to the process described in subsection (c). This fee is
imposed pursuant to the authority granted by Sections 1 and 2
of Article IX of the Illinois Constitution of 1970.
"Fee year" means the fiscal year beginning July 1 and
ending June 30 for which the fee amount applies.
"Fund" means the Community Mental Health and
Developmental Disabilities Services Provider Participation
Fee Trust Fund in the State Treasury which is hereby created.
Interest earned by the Fund shall be credited to the Fund.
"Local government funds certification" means the process
by which a unit of local government certifies the expenditure
of local government funds for the purchase of a community
mental health or developmental disabilities service for which
federal funds are available to the State on a matching basis
through Title XIX of the Social Security Act.
"Medicaid reimbursed service" means a service provided by
a provider under an agreement with the Department which is
eligible for reimbursement from the federal Medicaid program
and which is subject to the fee process.
"Provider" means a community agency which is funded by
the Department to provide a Medicaid-reimbursed service.
(c) Payment of fees due. Each year the Department shall
calculate a fee which must be paid by the provider.
(1) Calculation of projected payments. The
Department shall determine the amount of the total gross
payment projected to be made by the Department during
that fiscal year to the provider for covered services.
The projected payment shall take into consideration the
unit rates for services, the prior year's units of
service billed by the provider, and any factors which
will influence a change in the number of units of service
to be billed during the fee year.
(A) Differential payment schedule. If a
provider's projected total gross payment for the fee
year exceeds by more than 20% the actual total gross
payment for the year prior to the fee year, the
Department shall establish a fee payment schedule
for that provider which reflects the increasing
payments projected for the fee year. This special
payment schedule shall require lesser fee payments
during the first quarter with gradually increasing
fee payments according to the projected growth in
Medicaid receipts.
(B) Adjustment of inaccurate projections. If
a provider's projected total gross payment for the
fee exceeds by more than 20% the actual total gross
payment for the year prior to the fee year, the
Department shall monitor the actual total gross
payments on a quarterly basis throughout the fee
year. If, at the end of any quarter, actual
payments for the fee year to date differ by more
than 10% from projected payments, the Department
shall issue a revised fee amount to the provider.
If the actual payments exceed those projected, the
provider must submit the appropriate revised fee
amount within 30 days of the date the Department
sends the notification of the revised amount. If
the actual amounts are less than the projected
amounts, the Department must return to the provider
the appropriate share of overpaid fees, if any,
within 30 days of the determination of the
discrepancy.
(2) Multiplier. The Department shall multiply the
projected total gross payment by an amount of not more
than 15% to determine the fee amount.
(3) Notification. The Department shall notify each
provider in writing of the amount of the fee and the
required procedure for submitting the required payment.
(4) Provider submission of fee. Each applicable
provider must submit the specified fee in equal quarterly
amounts due on the first business date of each calendar
quarter.
(5) (A) Any provider that fails to pay the fee when
due, or pays less than the full amount due, shall be
required to pay a penalty of 10% of the delinquency
or deficiency for each month, or any fraction
thereof, computed on the full amount of the
delinquency or deficiency, from the time the fee was
due.
(B) In addition, the Illinois Department may
take action to notify the Office of the Comptroller
to collect any amount of monies owed under this
Section, pursuant to Section 10.05 of the State
Comptroller Act, or may suspend payments to, or
cancel or refuse to issue, extend, or reinstate a
Provider Contract or Agreement to, any provider
which has failed to pay any delinquent fee or
penalty.
(6) Local government funds certification. If local
government funds are used as a source of a portion or the
entire fee amount, the provider may certify the planned
spending of these local funds for the specified services
in lieu of actual cash payment to the Fund. This
certification must be accompanied by a statement from
each local government funder stating the intent of that
funder to contribute the applicable portion of the fee
amount. If this certification process is used, the
provider must also submit to the Department by October 31
of the year following the fee year an annual audit
statement from a certified public accountant firm
demonstrating that the local government funds were spent
for the intended service in the amounts required
according to the fee amount. If these local government
funds were not spent for the Medicaid service as
required, the provider must pay to the State the amount
of the fee which was not spent, plus a fine of 25% of the
amount of the fee not properly covered by the local
government funds certification process. This payment
must be submitted to the State Treasury by October 31 of
the year following the fee year.
(d) Use of the Fund.
(1) Revenue. The Fund may receive deposits from
the federal government in accordance with subsection (a)
and from provider fees in accordance with subsection (c).
(2) Protection from reduction. The moneys in the
Fund shall be exempt from any State budget reduction
Acts. The Fund shall not be used to replace any funds
otherwise appropriated to the Medicaid program by the
General Assembly.
(3) Administration; Contingency reserve. Moneys
paid from the Fund shall be used first for payment of
administrative expenses incurred by the Department in
performing the activities authorized by this Section,
including payments of any amounts which are reimbursable
to the federal government for payments from this Fund
which are required to be paid by State warrant.
Disbursements from this Fund shall be by warrants drawn
by the State Comptroller upon receipt of vouchers duly
executed and certified by the Department. The Department
may also establish a contingency reserve of no more than
3% of the total moneys collected in any one year.
(4) (Blank). After paying the necessary
administrative expenses and providing for a contingency,
the Department shall spend the remaining moneys in the
Fund to reimburse providers for providing Medicaid
services.
(A) In the aggregate, providers are entitled
to a return of the entire amount required plus the
federal matching portion less administrative
expenses and less the allowed 3% contingency
reserve, based on fees paid before October 1, 1992.
No provider will receive back less than the amount
required as a fee, for fees paid before October 1,
1992.
(B) The Department shall maintain records that
show the amount of money that has been paid by each
provider into the Fund and the amount of money that
has been paid from the Fund to each provider.
(5) Audit. The Department shall conduct an annual
audit of the Fund to determine that amounts received from
or paid to providers were correct. If a unit of local
government certified non-federal funds, the provider must
submit to the Department within 120 days after the end of
the fiscal year an annual audit statement from a
certified public accountant firm demonstrating that the
local government funds were spent for the intended
service in the amounts required. If an audit identifies
amounts that a provider should have been required to pay
and did not pay, a provider should not have been required
to pay but did pay, a provider should not have received
but did receive, or a provider should have received but
did not receive, the Department shall:
(A) Make the corrected payments to the
provider;
(B) Correct the fee amount and any related
fines; or
(C) Take action to recover required amounts
from the provider.
(e) Applicability contingent on federal funds. The
requirements of subsection (c) shall apply only as long as
federal funds under the Medicaid Program are provided for the
purposes of this Section and only as long as reimbursable
expenditures are matched at the federal Medicaid percentage
of at least 50%. Whenever the Department is informed that
federal funds are not to be provided for these purposes or
are provided at a lower percentage, the Department shall
promptly refund to each provider the amount of money
deposited by each provider, minus payments made from fee
funds to the provider, minus the proportionate share of funds
spent for administration, plus the proportionate share of any
investment earnings. In no event shall the Department
calculate a fee or require the payment of a fee for any
quarter beginning on or after October 1, 1992.
(f) The Department may promulgate rules and regulations
to implement this Section. For the purposes of the Illinois
Administrative Procedure Act, the adoption or amendment of
rules to implement this amendatory Act of 1991 shall be
deemed an emergency and necessary for the public interest,
safety and welfare.
(Source: P.A. 89-626, eff. 8-9-96; 90-372, eff. 7-1-98;
revised 10-31-98.)
(20 ILCS 1705/22) (from Ch. 91 1/2, par. 100-22)
Sec. 22. To accept and hold in behalf of the State, if
for the public interest, a grant, gift or legacy of money or
property to the State of Illinois, to the Department, or to
any facility of the Department made in trust for the
maintenance or support of a recipient at a facility of the
Department, or for any other legitimate purpose connected
with such facility. The Department shall accept any donation
for the board and treatment of any recipient. The Department
also may accept and hold a grant, gift, or legacy of money or
property made or given to a facility of the Department that
is no longer operating or to a facility of the Department
that is operating under a different name, provided that if
the grant, gift or legacy was made for a particular purpose,
the Department shall, to the extent practicable, use the
grant, gift or legacy in a manner that carries out that
purpose with regard to another facility operated by the
Department for the same purpose, or in the latter case, with
regard to that same facility of the Department that is
operating under a different name. The Department shall cause
each gift, grant or legacy to be kept as a distinct fund, and
shall invest the same in the manner provided by the laws of
this State as the same now exist, or shall hereafter be
enacted, relating to securities in which the deposit in a
savings bank may be invested. But the Department may, in its
discretion, deposit in a proper trust company or savings
bank, during the continuance of the trust, any fund so left
in trust for the life of a person, and shall adopt rules and
regulations governing the deposit, transfer, or withdrawal of
such fund. The Department shall on the expiration of any
trust as provided in any instrument creating the same,
dispose of the fund thereby created in the manner provided in
such instrument. The Department shall include in its annual
report a statement showing what funds are so held by it and
the condition thereof. Monies found on the recipients at the
time of their admission, or accruing to them during their
period of facility care, and monies deposited with the
facility director by relatives, guardians or friends of
recipients for the special comfort and pleasure of such
recipients, shall remain in the custody of such facility
director who shall act as trustee for disbursement to, in
behalf of, or for the benefit of such recipients. All types
of retirement and pension benefits from private and public
sources may be paid directly to the director of the facility
where the recipient is a resident, for deposit to the
recipient's trust fund account. Banks, trust companies,
savings and loan companies and insurance carriers having in
their possession funds of $1,000 or less belonging to a
recipient in a an facility of the Department shall release
such funds to the director of the facility where the
recipient is a resident, for deposit to the recipient's trust
fund account. The facility director shall provide a receipt
to any bank, trust company, savings and loan company or
insurance carrier for the amount received and such receipt
shall constitute a valid and sufficient discharge and release
of the obligation of such bank, trust company, savings and
loan company or insurance carrier to the recipient for whom
such payment was so made, to the extent of the payment made.
Each facility director shall keep in a book an itemized
account of all receipts and expenditures of funds described
in the above proviso, which book shall be open at all times
to the inspection of the Department.
(Source: P.A. 86-922; revised 10-31-98.)
Section 29. The Illinois National Guardsman's
Compensation Act is amended by changing Section 3 as follows:
(20 ILCS 1825/3) (from Ch. 129, par. 403)
Sec. 3. If a claim therefor is made within one year of
the date of the death of the guardsman, compensation shall be
paid to the person designated by such guardsman killed while
on duty. The amount of compensation shall be equal to the
greater of (i) $100,000 or (ii) the amount of compensation
payable under Section 3 of the Law Enforcement Officers,
Civil Defense Workers, Civil Air Patrol Members, Paramedics,
Firemen, Chaplains, and State Employees Compensation Act when
an individual to whom that Act applies is killed in the line
of duty. If no beneficiary is designated or surviving at the
death of the guardsman killed while on duty, the compensation
shall be paid as follows:
(a) When there is a surviving spouse, the entire
sum shall be paid to the spouse.;
(b) When there is no surviving spouse, but a
surviving descendant of the decedent, the entire sum
shall be paid to the decedent's descendants per stirpes.;
(c) When there is neither a surviving spouse nor a
surviving descendant, the entire sum shall be paid to the
parents of the decedent in equal parts, allowing to the
surviving parent, if one is dead, the entire sum.
(d) When there is no surviving spouse, descendant
or parent of the decedent, but there are surviving
brothers or sisters, or descendants of a brother or
sister, who were receiving their principal support from
the decedent at his death, the entire sum shall be paid,
in equal parts, to the dependent brothers or sisters or
dependent descendant of a brother or sister. Dependency
shall be determined by the Court of Claims based upon the
investigation and report of the Attorney General.
When there is no beneficiary designated or surviving at
the death of the guardsman killed while on duty and no
surviving spouse, descendant, parent, nor dependent brother
or sister, or dependent descendant of a brother or sister, no
compensation shall be payable under this Act.
No part of such compensation may be paid to any other
person for any efforts in securing such compensation.
(Source: P.A. 88-518; 89-323, eff. 1-1-96; revised 10-31-98.)
Section 30. The Surface Coal Mining Fee Act is amended
by changing Section 1 as follows:
(20 ILCS 1915/1) (from Ch. 96 1/2, par. 7501)
Sec. 1. Legislative findings and intent.
(a) The General Assembly finds that:
(1) the purposes of the "Surface Mining Control and
Reclamation Act of 1977" (30 USC 1201 et seq.) include
the establishment of a program to protect society and the
environment from the adverse effects of surface coal
mining operations and from the adverse surface effects of
underground coal mining operations;
(2) the purposes of the above Act also include the
promoting of the reclamation of mined areas left without
adequate reclamation prior to the enactment of this Act
and which continue, in their unreclaimed conditions, to
substantially degrade the quality of the environment;
(3) the purposes of the above Act also include the
assurance that the coal supply essential to the Nation's
energy requirements, and to its economic and social
well-being is provided, and to encourage the full
utilization of coal resources.
(b) The General Assembly also finds that:
(1) during the mining and preparation of coal, a
portion of the coal is lost in the tailings produced;
(2) this lost coal, in gob or slurry form, can be
recovered in an economic and useable fashion;
(3) the recovery of this coal, which may constitute
twenty percent or more of a gob pile, and which may
constitute fifty percent or more of a slurry pond, in
effect conserves energy by increasing the efficiency of
utilization of a valuable fuel resource;
(4) the recovery of this coal, when conducted in
accordance with the permits required by the Illinois
Department of Natural Resources and the Illinois
Environmental Protection Agency, contributes to the
reclamation of the land, in that the total volume of
wastes to be handled is reduced.
(c) It is the purpose of this Act:
(1) to include the recovery of coal from gob and
slurry as a part of the land reclamation process and as a
form of energy conservation; and
(2) to provide that a portion of the funds
collected by the Office of Surface Mining Reclamation and
Enforcement and returned to the State of Illinois be used
for coal recovery.
(Source: P.A. 89-445, eff 2-7-96; revised 10-31-98.)
Section 31. The Abandoned Mined Lands and Water
Reclamation Act is amended by changing Sections 2.04 and 3.02
as follows:
(20 ILCS 1920/2.04) (from Ch. 96 1/2, par. 8002.04)
Sec. 2.04. Reclamation.
(a) The Department or such agency or department of State
government as the Department may designate pursuant to
subsection (d) of Section 3.05 may enter and reclaim
abandoned lands under this Section if the Department finds
that:
(1) land or water resources have been adversely
affected by past coal mining practices; and
(2) the adverse effects are at a stage where, in
the public interest, action to restore, reclaim, abate,
control, or prevent should be taken; and
(3) the owners of the land or water resources where
entry must be made to restore, reclaim, abate, control,
or prevent the adverse effects of past coal mining
practices are not known, or readily available; or (4) the
owners will not give permission for the United States,
the States, political subdivisions, their agents,
employees, or contractors to enter upon such property to
restore, reclaim, abate, control, or prevent the adverse
effects of past coal mining practices.
(b) After (1) the findings required by subsection (a) of
this Section have been made, and (2) giving notice by mail
return receipt requested to the owners if known or if not
known by posting notice upon the premises and advertising
once in a newspaper of general circulation in the
municipality in which the land lies, the Department or such
agency or department of State government as the Department
may designate pursuant to subsection (d) of Section 3.05
shall have the right to enter on the property adversely
affected by past mining practices and any other property to
have access to such property to do all things necessary or
expedient to restore, reclaim, abate, control, or prevent the
adverse effects.
(c) The moneys expended for such work and the benefits
accruing to any such premises so entered upon shall be
chargeable against such land and shall mitigate or offset any
claim in or any action brought by any owner of any interest
in such premises for any alleged damage by virtue of such
entry. This provision is not intended to create new rights
of action or eliminate existing immunities.
(d) Entry under this Section shall be construed as an
exercise of the police power for the protection of public
health, safety, and general welfare and shall not be
construed as an act of condemnation of property nor trespass
thereon.
(Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
(20 ILCS 1920/3.02) (from Ch. 96 1/2, par. 8003.02)
Sec. 3.02. State reclamation program.
(a) The Department may prepare and submit under the
Federal Act (1) a State reclamation plan and appropriate
amendments, (2) annual project lists and program plans, (3)
grant proposals for federal funding, (4) inventories of
previous projects, (5) annual and other reports as may be
appropriate, and (6) such other applications, certifications
or documents as may be required under the Federal Act in
connection with reclamation or acquisition of abandoned
lands.
(Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
Section 32. The Civil Administrative Code of Illinois is
amended by changing Sections 60b, 60g, and 60m and
renumbering Section 62.1 (110 ILCS 355/62.1) as follows:
(20 ILCS 2105/60b) (from Ch. 127, par. 60b)
Sec. 60b. In the construction of Sections 60, 60a, 60b,
60c, 60d, 60e, 60f, 60g, and 60h, 60i, 60j, 60k, and 60L, the
following definitions shall govern unless the context
otherwise clearly indicates.
"Department" shall mean the Department of Professional
Regulation.
"Registrant" shall mean a person who holds or claims to
hold a certificate as defined herein.
"Certificate" shall mean a license, certificate of
registration, permit or other authority purporting to be
issued or conferred by the Department by virtue or authority
of which the registrant has or claims the right to engage in
a profession, trade, occupation or operation of which the
Department has jurisdiction.
"Board" shall mean the board of persons designated for a
profession, trade or occupation under the provisions of any
Act now or hereafter in force whereby the jurisdiction of
such profession, trade or occupation is devolved on the
Department.
(Source: P.A. 85-225; revised 10-31-98.)
(20 ILCS 2105/60g) (from Ch. 127, par. 60g)
Sec. 60g. The board shall present to the Director its
written report of its findings and recommendations. A copy
of such report shall be served upon the registrant, either
personally or by registered mail as provided in Section 60c
60-c for the service of the citation. Within 20 twenty days
after such service, the registrant may present to the
department his motion in writing for a rehearing, which
written motion shall specify the particular grounds therefor.
If the registrant shall order and pay for a transcript of the
record as provided in Section 60f 60-f, the time elapsing
thereafter and before such transcript is ready for delivery
to him shall not be counted as part of such 20 twenty days.
(Source: P.A. 83-230; revised 10-31-98.)
(20 ILCS 2105/60m) (from Ch. 127, par. 60m)
Sec. 60m. Notwithstanding any of the provisions of
Section 60, 60.1, 60a, 60-a, 60b, 60c, 60d, 60-d, 60e, 60f,
60g, 60-g or 60h of this Act, the Department shall suspend,
revoke, place on probationary status, or take such other
disciplinary action as it deems proper for violations of
Section 22 of the Medical Practice Act of 1987, as amended,
only in accordance with Sections 7 and 36 through 46 of that
Act.
(Source: P.A. 85-1209; revised 10-31-98.)
(20 ILCS 2105/61f) (formerly 110 ILCS 355/62.1)
Sec. 61f. 62.1. Design Professionals Dedicated Employees.
There is established within the Department of Professional
Regulation certain design professionals dedicated employees.
These employees shall be devoted exclusively to the
administration and enforcement of the Illinois Architecture
Practice Act, the Illinois Professional Land Surveyor Act of
1989, the Professional Engineering Practice Act of 1989, and
the Structural Engineering Licensing Act of 1989. The design
professionals dedicated employees that the Director shall
employ, in conformity with the Personnel Code, at a minimum
shall consist of one full-time design licensing Coordinator,
one full-time Assistant Coordinator, 4 full-time licensing
clerks, one full-time attorney, and 2 full-time
investigators. These employees shall work exclusively in the
licensing and enforcement of the design profession Acts set
forth in this Section and shall not be used for the licensing
and enforcement of any other Act or other duties in the
Department of Professional Regulation.
(Source: P.A. 87-781; revised 10-28-98.)
Section 33. The Illinois Health Finance Reform Act is
amended by changing Sections 4-3 and 5-1 as follows:
(20 ILCS 2215/4-3) (from Ch. 111 1/2, par. 6504-3)
Sec. 4-3. Confidentiality.
(a) As indicated elsewhere in this Act, all steps
necessary under State and Federal law to protect patient
confidentiality shall be undertaken by the Council to prevent
the identification of individual patient records.
Regulations are to be written to assure the confidentiality
of patient records when gathering and submitting data to the
Council or designated corporation, association or entity.
(b) The information submitted to the Council, designated
corporation, association or entity by hospitals pursuant to
subsections (c) and (e) of Section 4-2 shall be privileged
and confidential, and shall not be disclosed in any manner.
The foregoing includes, but shall not be limited to,
disclosure, inspection or copying under the Freedom of
Information Act, the State Records Act, and paragraph (1) of
Section 404 of the Illinois Insurance Code. However, the
prohibitions stated in this subsection shall not apply to the
compilations of information assembled by the Council pursuant
to subsections (k) and (m) of Section 4-2.
(c) Any person or organization, including but not
limited to, hospitals, government agencies, associations,
businesses, or researchers receiving data under an agreement
with the Council under the terms indicated in Section 6504-2
shall be required to adhere strictly to the terms of the
agreement, especially the terms that are related to
preserving patient confidentiality. The use of Council data
either alone or in combination with data from another source
or sources to identify specific patients is prohibited unless
such identification is specifically authorized by Illinois
Statute and agreed to in writing by the Council. An
intentional breach of patient confidentiality not authorized
by statute and the Council shall render the responsible
individual or organization liable to the penalties under
Section 5-2 6505-2.
(Source: P.A. 88-535; revised 10-31-98.)
(20 ILCS 2215/5-1) (from Ch. 111 1/2, par. 6505-1)
Sec. 5-1. Mandatory Utilization Review.
(a) Except as prohibited by Federal law or regulations,
any third party payor shall have the option to require
utilization review for hospital admissions and continued
hospital stays, except for the Illinois Department of Public
Aid for payment of hospital services for recipients of
assistance under Articles V, VI, and VII of the Illinois
Public Aid Code. The payor shall have the option to contract
with a medical peer review organization, provided that the
organization is at minimum, composed of 10% of area
physicians, or the hospital to perform utilization review or
to conduct its own utilization review. A medical peer review
organization, as defined, may also contract with hospitals to
perform reviews on a delegated basis. The utilization review
process shall provide for the timely notification of patients
by the third party payor or review organization that further
services are deemed inappropriate or medically unnecessary.
Such notification shall inform the patient that his third
party payor will cease coverage after a stated period from
the date of the notification. No third party payor shall be
liable for charges for health care services rendered by a
hospital subsequent to the end of the notification period.
Nothing in this Section shall be construed as authorizing
any person or third party payor, other than through the use
of physicians licensed to practice medicine in all of its
branches or other licensed health care professionals under
the supervision of said physicians, to conduct utilization
review.
(b) All costs associated with utilization review under
this section shall be billed to and paid by the third party
payor ordering the review.
(c) Any third party payor for hospital services may
contract with a hospital for a program of utilization review
different than that required by this subsection, which
contract may provide for the withholding and denial of
payment for hospital services to a beneficiary, when such
treatment is found in the course of utilization review to
have been inappropriate and unwarranted in the case of that
beneficiary.
(d) All records and reports arising as a result of this
subsection shall be strictly privileged and confidential, as
provided under Part 21 of Article VIII 8 of the Code of Civil
Procedure.
(Source: P.A. 83-1243; revised 10-31-98.)
Section 34. The Civil Administrative Code of Illinois is
amended by changing Sections 55.57 and 55.76 and by setting
forth and renumbering multiple versions of Section 55.84 as
follows:
(20 ILCS 2310/55.57) (from Ch. 127, par. 55.57)
Sec. 55.57. Community Health Centers. From
appropriations from the Community Health Center Care Fund, a
special fund in the State treasury which is hereby created,
the Department shall provide financial assistance (a) to (a)
migrant health centers and community health centers
established pursuant to Sections 329 or 330 of the federal
Public Health Service Act or which meet the standards
contained in either of those Sections; and (b) for the
purpose of establishing new migrant health centers or
community health centers in areas of need.
(Source: P.A. 86-996; 86-1028; revised 10-31-98.)
(20 ILCS 2310/55.76)
Sec. 55.76. Heart Disease Treatment and Prevention Fund;
grants. From funds appropriated from the Heart Disease
Treatment and Prevention Fund, a special fund created in the
State treasury, the Illinois Department of Public Health
shall make grants to public and private agencies for the
purposes of funding (i) research into causes, prevention, and
treatment of heart disease and (ii) public education relating
to treatment and prevention of heart disease within with the
State of Illinois.
(Source: P.A. 88-666, eff. 9-16-94; 89-235, eff. 8-4-95;
revised 10-31-98.)
(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; 90-655, eff. 7-30-98.)
(20 ILCS 2310/55.89)
Sec. 55.89. 55.84. Aging Veterans Task Force.
(a) The Director of Public Health shall appoint an Aging
Veterans Task Force to study the capability of the State to
provide health care to veterans of the armed forces after the
year 2000. The task force shall consist of persons
representing the Department, the Department of Veterans'
Affairs, Illinois Veterans Homes, hospitals, nursing homes,
other health care facilities, and advocates for residents of
Illinois Veterans Homes, hospitals, nursing homes, and other
health care facilities. Members of the task force shall
serve without compensation other than reimbursement for
necessary expenses incurred in the performance of their
duties.
(b) The task force shall conduct a comprehensive
examination of the future demands for health care by the
State's aging veteran population and the ability of the State
to provide that health care.
(c) The task force shall make recommendations to assist
the Department and the Department of Veterans' Affairs in
developing agency and legislative changes to provide health
care to the State's veterans after the year 2000. The task
force shall report its recommendations to the Department
before January 1, 1999.
(Source: P.A. 90-693, eff. 8-7-98; revised 9-23-98.)
Section 35. The Blind Persons Operating Vending
Facilities Act is amended by changing Section 8 as follows:
(20 ILCS 2420/8) (from Ch. 23, par. 3338)
Sec. 8. The Department shall assign any available
vending facility to an operator in the following manner:
(A) An objective set of criteria promulgated by rules
and regulations adopted pursuant to the Illinois
Administrative Procedure Act.
(B) The Department shall notify all licensed operators
in writing of the availability of any vending facilities
within the program as far in advance as is practicable. Such
notice shall include a description of the type of facility,
its characteristics, and its geographic location, the type of
building in which the facility is located, date of
availability, anticipated income or income experience,
contractual considerations such as hours, price limitations
or subsidies, if any, business telephone number of the
current operator, when applicable, and availability of public
transportation. The notice shall contain a deadline for
responses which is no less than 14 days after its issuance.
(C) The Department shall consider as qualified only bids
received from operators who have received certification
fitting the description of the facility contained in the
notice. In this manner, a list of qualified bidders shall be
formed, and the facility shall be offered to the most
qualified bidder.
(Source: P.A. 83-1534; revised 10-31-98.)
Section 36. The Civil Administrative Code of Illinois is
amended by changing Section 55a as follows:
(20 ILCS 2605/55a) (from Ch. 127, par. 55a)
(Text of Section before amendment by P.A. 90-590)
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 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 Standards 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.
36. Upon request of the Department of Human Services, to
conduct an assessment and evaluation of sexually violent
persons as mandated by the Sexually Violent Persons
Commitment Act, the Department shall furnish criminal history
information maintained on the requested person. The request
shall be in the form and manner specified by the Department.
(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.
(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; 90-655, eff.
7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.)
(Text of Section after amendment by P.A. 90-590)
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 juvenile
records system for persons arrested prior to the age of 17
under Section 5-401 of the Juvenile Court Act of 1987 or
adjudicated delinquent minors and to make information
available to local law enforcement officers so that law
enforcement officers will be able to obtain rapid access to
the background of the minor from other jurisdictions to the
end that the juvenile police officers can make appropriate
decisions which will best serve the interest of the child and
the community. The Department shall submit a quarterly
report to the General Assembly and Governor which shall
contain the number of juvenile records that the Department
has received in that quarter and, a list, by category, of
offenses that minors were arrested for or convicted of by
age, race and gender.
20. To develop rules which guarantee the confidentiality
of such individually identifiable juvenile records except to
juvenile authorities who request information concerning the
minor and who certify in writing that the information will
not be disclosed to any other party except as provided under
law or order of court. For purposes of this Section,
"juvenile authorities" means: (i) a judge of the circuit
court and members of the staff of the court designated by the
judge; (ii) parties to the proceedings under the Juvenile
Court Act of 1987 and their attorneys; (iii) probation
officers and court appointed advocates for the juvenile
authorized by the judge hearing the case; (iv) any individual
or, public or of private agency having custody of the child
pursuant to court order; (v) any individual or, public or
private agency providing education, medical or mental health
service to the child when the requested information is needed
to determine the appropriate service or treatment for the
minor; (vi) any potential placement provider when such
release is authorized by the court for the limited purpose of
determining the appropriateness of the potential placement;
(vii) law enforcement officers and prosecutors; (viii) adult
and juvenile prisoner review boards; (ix) authorized military
personnel; (x) individuals authorized by court; (xi) the
Illinois General Assembly or any committee or commission
thereof.
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 juvenile 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 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 Law Enforcement
Training Standards 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 Statewide Central Juvenile
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
exchanging information, in the form and manner required by
the Department of State Police, 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 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.
36. Upon request of the Department of Human Services, to
conduct an assessment and evaluation of sexually violent
persons as mandated by the Sexually Violent Persons
Commitment Act, the Department shall furnish criminal history
information maintained on the requested person. The request
shall be in the form and manner specified by the Department.
(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.
(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; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
1-21-99.)
Section 37. The State Police Act is amended by changing
Section 17 as follows:
(20 ILCS 2610/17) (from Ch. 121, par. 307.17)
Sec. 17. The Division shall purchase and furnish to the
policemen appropriate uniforms including a metal star or
badge bearing the words "Illinois State Police",
identification, and such vehicles and other equipment as may
be necessary.
(Source: Laws 1967, p. 69; revised 1-30-99.)
Section 38. The Criminal Identification Act is amended
by changing Section 5 as follows:
(20 ILCS 2630/5) (from Ch. 38, par. 206-5)
(Text of Section before amendment by P.A. 90-590)
Sec. 5. Arrest reports; expungement.
(a) All policing bodies of this State shall furnish to
the Department, daily, in the form and detail the Department
requires, fingerprints and descriptions of all persons who
are arrested on charges of violating any penal statute of
this State for offenses that are classified as felonies and
Class A or B misdemeanors and of all minors who have been
arrested or taken into custody before their 17th birthday for
an offense that if committed by an adult would constitute the
offense of unlawful use of weapons under Article 24 of the
Criminal Code of 1961, a forcible felony as defined in
Section 2-8 of the Criminal Code of 1961, or a Class 2 or
greater felony under the Cannabis Control Act, the Illinois
Controlled Substances Act, or Chapter 4 of the Illinois
Vehicle Code. Moving or nonmoving traffic violations under
the Illinois Vehicle Code shall not be reported except for
violations of Chapter 4, Section 11-204.1, or Section 11-501
of that Code. In addition, conservation offenses, as defined
in the Supreme Court Rule 501(c), that are classified as
Class B misdemeanors shall not be reported.
Whenever an adult or minor prosecuted as an adult, not
having previously been convicted of any criminal offense or
municipal ordinance violation, charged with a violation of a
municipal ordinance or a felony or misdemeanor, is acquitted
or released without being convicted, whether the acquittal or
release occurred before, on, or after the effective date of
this amendatory Act of 1991, the Chief Judge of the circuit
wherein the charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less than
3,000,000 inhabitants, the presiding trial judge at the
defendant's trial may upon verified petition of the defendant
order the record of arrest expunged from the official records
of the arresting authority and the Department and order that
the records of the clerk of the circuit court be sealed until
further order of the court upon good cause shown and the name
of the defendant obliterated on the official index required
to be kept by the circuit court clerk under Section 16 of the
Clerks of Courts Act, but the order shall not affect any
index issued by the circuit court clerk before the entry of
the order. The Department may charge the petitioner a fee
equivalent to the cost of processing any order to expunge or
seal the records, and the fee shall be deposited into the
State Police Services Fund. The records of those arrests,
however, that result in a disposition of supervision for any
offense shall not be expunged from the records of the
arresting authority or the Department nor impounded by the
court until 2 years after discharge and dismissal of
supervision. Those records that result from a supervision
for a violation of Section 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 Section 12-3.2,
12-15 or 16A-3 of the Criminal Code of 1961, or probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
and (2) of the Criminal Code of 1961 (as those provisions
existed before their deletion by Public Act 89-313), Section
10-102 of the Illinois Alcoholism and Other Drug Dependency
Act when the judgment of conviction has been vacated, Section
40-10 of the Alcoholism and Other Drug Abuse and Dependency
Act when the judgment of conviction has been vacated, or
Section 10 of the Steroid Control Act shall not be expunged
from the records of the arresting authority nor impounded by
the court until 5 years after termination of probation or
supervision. Those records that result from a supervision for
a violation of Section 11-501 of the Illinois Vehicle Code or
a similar provision of a local ordinance, shall not be
expunged. All records set out above may be ordered by the
court to be expunged from the records of the arresting
authority and impounded by the court after 5 years, but shall
not be expunged by the Department, but shall, on court order
be sealed by the Department and may be disseminated by the
Department only as required by law or to the arresting
authority, the State's Attorney, and the court upon a later
arrest for the same or a similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any offense, the Department of Corrections shall have access
to all sealed records of the Department pertaining to that
individual.
(b) Whenever a person has been convicted of a crime or
of the violation of a municipal ordinance, in the name of a
person whose identity he has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization, upon
learning of the person having been arrested using his
identity, may, upon verified petition to the chief judge of
the circuit wherein the arrest was made, have a court order
entered nunc pro tunc by the chief judge to correct the
arrest record, conviction record, if any, and all official
records of the arresting authority, the Department, other
criminal justice agencies, the prosecutor, and the trial
court concerning such arrest, if any, by removing his name
from all such records in connection with the arrest and
conviction, if any, and by inserting in the records the name
of the offender, if known or ascertainable, in lieu of the
aggrieved's name. The records of the clerk of the circuit
court clerk shall be sealed until further order of the court
upon good cause shown and the name of the aggrieved person
obliterated on the official index required to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act, but the order shall not affect any index issued by the
circuit court clerk before the entry of the order. Nothing in
this Section shall limit the Department of State Police or
other criminal justice agencies or prosecutors from listing
under an offender's name the false names he or she has used.
For purposes of this Section, convictions for moving and
nonmoving traffic violations other than convictions for
violations of Chapter 4, Section 11-204.1 or Section 11-501
of the Illinois Vehicle Code shall not be a bar to expunging
the record of arrest and court records for violation of a
misdemeanor or municipal ordinance.
(c) Whenever a person who has been convicted of an
offense is granted a pardon by the Governor which
specifically authorizes expungement, he may, upon verified
petition to the chief judge of the circuit where the person
had been convicted, any judge of the circuit designated by
the Chief Judge, or in counties of less than 3,000,000
inhabitants, the presiding trial judge at the defendant's
trial, may have a court order entered expunging the record of
arrest from the official records of the arresting authority
and order that the records of the clerk of the circuit court
and the Department be sealed until further order of the court
upon good cause shown or as otherwise provided herein, and
the name of the defendant obliterated from the official index
requested to be kept by the circuit court clerk under Section
16 of the Clerks of Courts Act in connection with the arrest
and conviction for the offense for which he had been pardoned
but the order shall not affect any index issued by the
circuit court clerk before the entry of the order. All
records sealed by the Department may be disseminated by the
Department only as required by law or to the arresting
authority, the State's States Attorney, and the court upon a
later arrest for the same or similar offense or for the
purpose of sentencing for any subsequent felony. Upon
conviction for any subsequent offense, the Department of
Corrections shall have access to all sealed records of the
Department pertaining to that individual. Upon entry of the
order of expungement, the clerk of the circuit court shall
promptly mail a copy of the order to the person who was
pardoned.
(d) Notice of the petition for subsections (a), (b), and
(c) shall be served upon the State's Attorney or prosecutor
charged with the duty of prosecuting the offense, the
Department of State Police, the arresting agency and the
chief legal officer of the unit of local government affecting
the arrest. Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency or such
chief legal officer objects to the petition within 30 days
from the date of the notice, the court shall enter an order
granting or denying the petition. The clerk of the court
shall promptly mail a copy of the order to the person, the
arresting agency, the prosecutor, the Department of State
Police and such other criminal justice agencies as may be
ordered by the judge.
(e) Nothing herein shall prevent the Department of State
Police from maintaining all records of any person who is
admitted to probation upon terms and conditions and who
fulfills those terms and conditions pursuant to Section 10 of
the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 12-4.3 of the Criminal
Code of 1961, Section 10-102 of the Illinois Alcoholism and
Other Drug Dependency Act, Section 40-10 of the Alcoholism
and Other Drug Abuse and Dependency Act, or Section 10 of the
Steroid Control Act.
(f) No court order issued pursuant to the expungement
provisions of this Section shall become final for purposes of
appeal until 30 days after notice is received by the
Department. Any court order contrary to the provisions of
this Section is void.
(g) The court shall not order the sealing or expungement
of the arrest records and records of the circuit court clerk
of any person granted supervision for or convicted of any
sexual offense committed against a minor under 18 years of
age. For the purposes of this Section, "sexual offense
committed against a minor" includes but is not limited to the
offenses of indecent solicitation of a child or criminal
sexual abuse when the victim of such offense is under 18
years of age.
(Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679,
eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)
(Text of Section after amendment by P.A. 90-590)
Sec. 5. Arrest reports; expungement.
(a) All policing bodies of this State shall furnish to
the Department, daily, in the form and detail the Department
requires, fingerprints and descriptions of all persons who
are arrested on charges of violating any penal statute of
this State for offenses that are classified as felonies and
Class A or B misdemeanors and of all minors of the age of 10
and over who have been arrested for an offense which would be
a felony if committed by an adult, and may forward such
fingerprints and descriptions for minors arrested for Class A
or B misdemeanors. Moving or nonmoving traffic violations
under the Illinois Vehicle Code shall not be reported except
for violations of Chapter 4, Section 11-204.1, or Section
11-501 of that Code. In addition, conservation offenses, as
defined in the Supreme Court Rule 501(c), that are classified
as Class B misdemeanors shall not be reported.
Whenever an adult or minor prosecuted as an adult, not
having previously been convicted of any criminal offense or
municipal ordinance violation, charged with a violation of a
municipal ordinance or a felony or misdemeanor, is acquitted
or released without being convicted, whether the acquittal or
release occurred before, on, or after the effective date of
this amendatory Act of 1991, the Chief Judge of the circuit
wherein the charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less than
3,000,000 inhabitants, the presiding trial judge at the
defendant's trial may upon verified petition of the defendant
order the record of arrest expunged from the official records
of the arresting authority and the Department and order that
the records of the clerk of the circuit court be sealed until
further order of the court upon good cause shown and the name
of the defendant obliterated on the official index required
to be kept by the circuit court clerk under Section 16 of the
Clerks of Courts Act, but the order shall not affect any
index issued by the circuit court clerk before the entry of
the order. The Department may charge the petitioner a fee
equivalent to the cost of processing any order to expunge or
seal the records, and the fee shall be deposited into the
State Police Services Fund. The records of those arrests,
however, that result in a disposition of supervision for any
offense shall not be expunged from the records of the
arresting authority or the Department nor impounded by the
court until 2 years after discharge and dismissal of
supervision. Those records that result from a supervision
for a violation of Section 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 Section 12-3.2,
12-15 or 16A-3 of the Criminal Code of 1961, or probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
and (2) of the Criminal Code of 1961 (as those provisions
existed before their deletion by Public Act 89-313), Section
10-102 of the Illinois Alcoholism and Other Drug Dependency
Act when the judgment of conviction has been vacated, Section
40-10 of the Alcoholism and Other Drug Abuse and Dependency
Act when the judgment of conviction has been vacated, or
Section 10 of the Steroid Control Act shall not be expunged
from the records of the arresting authority nor impounded by
the court until 5 years after termination of probation or
supervision. Those records that result from a supervision
for a violation of Section 11-501 of the Illinois Vehicle
Code or a similar provision of a local ordinance, shall not
be expunged. All records set out above may be ordered by the
court to be expunged from the records of the arresting
authority and impounded by the court after 5 years, but shall
not be expunged by the Department, but shall, on court order
be sealed by the Department and may be disseminated by the
Department only as required by law or to the arresting
authority, the State's Attorney, and the court upon a later
arrest for the same or a similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any offense, the Department of Corrections shall have access
to all sealed records of the Department pertaining to that
individual.
(a-5) Those records maintained by the Department for
persons arrested prior to their 17th birthday shall be
expunged as provided in Section 5-915 of the Juvenile Court
Act of 1987.
(b) Whenever a person has been convicted of a crime or
of the violation of a municipal ordinance, in the name of a
person whose identity he has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization, upon
learning of the person having been arrested using his
identity, may, upon verified petition to the chief judge of
the circuit wherein the arrest was made, have a court order
entered nunc pro tunc by the chief judge to correct the
arrest record, conviction record, if any, and all official
records of the arresting authority, the Department, other
criminal justice agencies, the prosecutor, and the trial
court concerning such arrest, if any, by removing his name
from all such records in connection with the arrest and
conviction, if any, and by inserting in the records the name
of the offender, if known or ascertainable, in lieu of the
has name. The records of the clerk of the circuit court
clerk shall be sealed until further order of the court upon
good cause shown and the name of the aggrieved person
obliterated on the official index required to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act, but the order shall not affect any index issued by the
circuit court clerk before the entry of the order. Nothing in
this Section shall limit the Department of State Police or
other criminal justice agencies or prosecutors from listing
under an offender's name the false names he or she has used.
For purposes of this Section, convictions for moving and
nonmoving traffic violations other than convictions for
violations of Chapter 4, Section 11-204.1 or Section 11-501
of the Illinois Vehicle Code shall not be a bar to expunging
the record of arrest and court records for violation of a
misdemeanor or municipal ordinance.
(c) Whenever a person who has been convicted of an
offense is granted a pardon by the Governor which
specifically authorizes expungement, he may, upon verified
petition to the chief judge of the circuit where the person
had been convicted, any judge of the circuit designated by
the Chief Judge, or in counties of less than 3,000,000
inhabitants, the presiding trial judge at the defendant's
trial, may have a court order entered expunging the record of
arrest from the official records of the arresting authority
and order that the records of the clerk of the circuit court
and the Department be sealed until further order of the court
upon good cause shown or as otherwise provided herein, and
the name of the defendant obliterated from the official index
requested to be kept by the circuit court clerk under Section
16 of the Clerks of Courts Act in connection with the arrest
and conviction for the offense for which he had been pardoned
but the order shall not affect any index issued by the
circuit court clerk before the entry of the order. All
records sealed by the Department may be disseminated by the
Department only as required by law or to the arresting
authority, the State's States Attorney, and the court upon a
later arrest for the same or similar offense or for the
purpose of sentencing for any subsequent felony. Upon
conviction for any subsequent offense, the Department of
Corrections shall have access to all sealed records of the
Department pertaining to that individual. Upon entry of the
order of expungement, the clerk of the circuit court shall
promptly mail a copy of the order to the person who was
pardoned.
(d) Notice of the petition for subsections (a), (b), and
(c) shall be served upon the State's Attorney or prosecutor
charged with the duty of prosecuting the offense, the
Department of State Police, the arresting agency and the
chief legal officer of the unit of local government affecting
the arrest. Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency or such
chief legal officer objects to the petition within 30 days
from the date of the notice, the court shall enter an order
granting or denying the petition. The clerk of the court
shall promptly mail a copy of the order to the person, the
arresting agency, the prosecutor, the Department of State
Police and such other criminal justice agencies as may be
ordered by the judge.
(e) Nothing herein shall prevent the Department of State
Police from maintaining all records of any person who is
admitted to probation upon terms and conditions and who
fulfills those terms and conditions pursuant to Section 10 of
the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 12-4.3 of the Criminal
Code of 1961, Section 10-102 of the Illinois Alcoholism and
Other Drug Dependency Act, Section 40-10 of the Alcoholism
and Other Drug Abuse and Dependency Act, or Section 10 of the
Steroid Control Act.
(f) No court order issued pursuant to the expungement
provisions of this Section shall become final for purposes of
appeal until 30 days after notice is received by the
Department. Any court order contrary to the provisions of
this Section is void.
(g) The court shall not order the sealing or expungement
of the arrest records and records of the circuit court clerk
of any person granted supervision for or convicted of any
sexual offense committed against a minor under 18 years of
age. For the purposes of this Section, "sexual offense
committed against a minor" includes but is not limited to the
offenses of indecent solicitation of a child or criminal
sexual abuse when the victim of such offense is under 18
years of age.
(Source: P.A. 89-637, eff. 1-1-97; 89-689, eff. 12-31-96;
90-590, eff. 1-1-00; revised 10-31-98.)
Section 39. The Illinois Uniform Conviction Information
Act is amended by changing Section 9 as follows:
(20 ILCS 2635/9) (from Ch. 38, par. 1609)
Sec. 9. Procedural Requirements for Disseminating
Conviction Information.
(A) In accordance with the time parameters of Section 6
and the requirements of subsection subsections (B) and (C) of
this Section 9, the Department shall either: (1) transmit
conviction information to the requester, including an
explanation of any code or abbreviation; (2) explain to the
requester why the information requested cannot be
transmitted; or (3) inform the requester of any deficiency in
the request.
(B) Prior to a non-automated dissemination or within 30
days subsequent to an automated dissemination made pursuant
to this Act, the Department shall first conduct a formal
update inquiry and review to make certain that the
information disseminated is complete, except (1) in cases of
exigency, (2) upon request of another criminal justice
agency, (3) for conviction information that is less than 30
days old, or (4) for information intentionally fabricated
upon the express written authorization of the Director of
State Police to support undercover law enforcement efforts.
It shall be the responsibility of the Department to
retain a record of every extra-agency dissemination of
conviction information for a period of not less than 3 years.
Such records shall be subject to audit by the Department, and
shall, upon request, be supplied to the individual to whom
the information pertains for requests from members of the
general public, corporations, organizations, employers,
employment agencies, labor organizations and non-criminal
justice agencies. At a minimum, the following information
shall be recorded and retained by the Department:
(1) The name of the individual to whom the
disseminated information pertains;
(2) The name of the individual requesting the
information;
(3) The date of the request;
(4) The name and address of the private individual,
corporation, organization, employer, employment agency,
labor organization or non-criminal justice agency
receiving the information; and
(5) The date of the dissemination.
(Source: P.A. 88-368; revised 10-31-98.)
Section 40. The Civil Administrative Code of Illinois is
amended by changing Section 49.16 as follows:
(20 ILCS 2705/49.16) (from Ch. 127, par. 49.16)
Sec. 49.16. Master plan; reporting requirements.
(a) To develop and maintain a continuing, comprehensive
and integrated planning process which shall develop and
periodically revise a statewide master plan for
transportation to guide program development and to foster
efficient and economical transportation services in ground,
air, water and all other modes of transportation throughout
the state. The Department shall coordinate its
transportation planning activities with those of other state
agencies and authorities, and shall supervise and review any
transportation planning performed by other Executive agencies
under the direction of the Governor. The Department shall
cooperate and participate with federal, regional, interstate,
state, and local agencies, in accordance with Sections 5-301
and 7-301 of the Illinois Highway Code, and with interested
private individuals and organizations, in the coordination of
plans and policies for development of the state's
transportation system.
To meet the provisions of this Section, the Department
shall publish and deliver to the Governor and General
Assembly by January 1, 1982 and every 2 years thereafter, its
master plan for highway, waterway, aeronautic, mass
transportation and railroad systems. The plan shall identify
priority subsystems or components of each system which are
critical to the economic and general welfare of this State
regardless of public jurisdictional responsibility or private
ownership.
The master plan shall provide particular emphasis and
detail of the 5 year period in the immediate future.
Annual and 5 year project programs for each State system
in this Section shall be published and furnished the General
Assembly on the first Wednesday in April of each year.
Identified needs included in the project programs shall
be listed and mapped in a distinctive fashion to clearly
identify the priority status of the projects: (1) projects to
be committed for execution; (2) tentative projects which are
dependent upon funding or other constraints; and (3) needed
projects which are not programmed due to lack of funding or
other constraints.
All projects shall be related to the priority systems of
the master plan, and the priority criteria identified. Cost
and estimated completion dates shall be included for work
required to complete a useable segment or component beyond
the 5 year period of the program.
(b) The Department shall publish and deliver to the
Governor and General Assembly on the first Wednesday in April
of each year a 5-year Highway Improvement Program reporting
the number of fiscal years each project has been on previous
5-year plans submitted by the Department.
(c) The Department shall publish and deliver to the
Governor and the General Assembly by November 1 of each year
a For the Record report that shall include the following:
(1) all the projects accomplished in the previous
fiscal year listed by each Illinois Department of
Transportation District; and
(2) the award cost and the beginning dates of each
listed project.
(Source: P.A. 90-277, eff. 1-1-98; revised 10-31-98.)
Section 41. The Illinois Development Finance Authority
Act is amended by changing Sections 7.28 and 7.53 as follows:
(20 ILCS 3505/7.28) (from Ch. 48, par. 850.07s)
Sec. 7.28. Documentary materials concerning trade
secrets; Commercial or financial information; Confidentiality
Confidentially. Any documentary materials or data made or
received by any member, agent or employee of the Authority,
to the extent that such material or data consist of trade
secrets, commercial or financial information regarding the
operation of any enterprise conducted by an applicant for, or
recipient of, any form of assistance which the Authority is
empowered to render, or regarding the competitive position of
such enterprise in a particular field of endeavor, shall not
be deemed public records; provided, however, that if the
Authority purchases a qualified security from such
enterprise, the commercial and financial information,
excluding trade secrets, shall be deemed to become a public
record of the Authority after the expiration of 3 years from
the date of purchase of such qualified security, or, in the
case of such information made or received by any member,
agent or employee of the Authority after the purchase of such
qualified security, 3 years from the date such information
was made or received. Any discussion or consideration of such
trade secrets or commercial or financial information may be
held by the Authority in executive sessions closed to the
public, notwithstanding the provisions of the Open Meetings
Act; provided, however, that the purpose of any such
executive session shall be set forth in the official minutes
of the Authority and business which is not related to such
purpose shall not be transacted, nor shall any vote be taken
during such executive sessions.
(Source: P.A. 88-665, eff. 9-16-94; revised 10-31-98.)
(20 ILCS 3505/7.53) (from Ch. 48, par. 850.07z9)
Sec. 7.53. Powers and duties; Illinois Local Government
Financing Assistance Program. The Authority has the power:
(a) To purchase from time to time pursuant to negotiated
sale or to otherwise acquire from time to time any local
government securities issued by one or more units of local
government upon such terms and conditions as the Authority
may prescribe;
(b) To issue bonds in one or more series pursuant to one
or more resolutions of the Authority for any purpose
authorized under Sections 7.50 through 7.61 of this Act,
including without limitation purchasing or acquiring local
government securities, providing for the payment of any
interest deemed necessary on such bonds, paying for the cost
of issuance of such bonds, providing for the payment of the
cost of any guarantees, letters of credit, insurance
contracts or other similar credit support or liquidity
instruments, or providing for the funding of any reserves
deemed necessary in connection with such bonds and refunding
or advance refunding of any such bonds and the interest and
any premium thereon, pursuant to paragraph (c) of Section 7
of this Act;
(c) To provide for the funding of any reserves or other
funds or accounts deemed necessary by the Authority in
connection with any bonds issued by the Authority or local
government securities purchased or otherwise acquired by the
Authority;
(d) To pledge any local government security, including
any payments thereon, and any other funds of the Authority or
funds made available to the Authority which may be applied to
such purpose, as security for any bonds or any guarantees,
letters of credit, insurance contracts or similar credit
support or liquidity instruments securing the bonds;
(e) To enter into agreements or contracts with third
parties, whether public or private, including without
limitation the United States of America, the State, or any
department or agency thereof to obtain any appropriations,
grants, loans or guarantees which are deemed necessary or
desirable by the Authority. Any such guarantee, agreement or
contract may contain terms and provisions necessary or
desirable in connection with the program, subject to the
requirements established by Sections 7.50 through 7.61 of
this Act;
(f) To charge reasonable fees to defray the cost of
obtaining letters of credit, insurance contracts or other
similar documents, and to charge such other reasonable fees
to defray the cost of trustees, depositories, paying agents,
bond registrars, escrow agents and other administrative
expenses. Any such fees shall be payable by units of local
government whose local government securities are purchased or
otherwise acquired by the Authority pursuant to Sections 7.50
through 7.61 of this Act, in such amounts and at such times
as the Authority shall determine, and the amount of the fees
need not be uniform among the various units of local
government whose local government securities are purchased or
otherwise acquired by the Authority pursuant to Sections 7.50
through 7.61 of this Act;
(g) To obtain and maintain guarantees, letters of
credit, insurance contracts or similar credit support or
liquidity instruments which are deemed necessary or desirable
in connection with any bonds or other obligations of the
Authority or any local government securities;
(h) To establish application fees and other service fees
and prescribe application, notification, contract, agreement,
security and insurance forms and rules and regulations it
deems necessary or appropriate;
(i) To provide technical assistance, at the request of
any unit of local government, with respect to the financing
or refinancing for any public purpose. In fulfillment of
this purpose, the Authority may request assistance from the
Department as necessary; any unit of local government that is
experiencing either a financial emergency as defined in the
Local Government Financial Planning and Supervision Act or a
condition of fiscal crisis evidenced by an impaired ability
to obtain financing for its public purpose projects from
traditional financial channels or impaired ability to fully
fund its obligations to fire, police and municipal employee
pension funds, or to bond payments or reserves, may request
technical assistance from the Authority in the form of a
diagnostic evaluation of its financial condition;
(j) To purchase any obligations of the Authority issued
pursuant to Sections 7.50 through 7.61 of this Act;
(k) To sell, transfer or otherwise dispose of local
government securities purchased or otherwise acquired by the
Authority pursuant to Sections 7.50 through 7.61 of this Act,
including without limitation, the sale, transfer or other
disposition of undivided fractionalized interests in the
right to receive payments of principal and premium, if any,
or the right to receive payments of interest or the right to
receive payments of principal of and premium, if any, and
interest on pools of such local government securities;
(l) To acquire, purchase, lease, sell, transfer and
otherwise dispose of real and personal property, or any
interest therein, and to issue its bonds and enter into
leases, contracts and other agreements with units of local
government in connection with such acquisitions, purchases,
leases, sales and other dispositions of such real and
personal property;
(m) To make loans to banks, savings and loans and other
financial institutions for the purpose of purchasing or
otherwise acquiring local government securities, and to issue
its bonds, and enter into agreements and contracts in
connection with such loans;
(n) To enter into agreements or contracts with any
person necessary or appropriate to place the payment
obligations of the Authority under any of its bonds in whole
or in part on any interest rate basis, cash flow basis, or
other basis desired by the Authority, including without
limitation agreements or contracts commonly known as
"interest rate swap agreements", "forward payment conversion
agreements", and "futures", or agreements or contracts
providing for payments based on levels of or changes in
interest rates, or agreements or contracts to exchange cash
flows or a series of payments, or agreements or contracts,
including without limitation agreements or contracts commonly
known as "options", "puts" or "calls", to hedge payment, rate
spread, or similar exposure; provided, that any such
agreement or contract shall not constitute an obligation for
borrowed money, and shall not be taken into account under
Section 7.56a of this Act or any other debt limit of the
Authority or the State of Illinois;
(o) To make and enter into all other agreements and
contracts and execute all instruments necessary or incidental
to performance of its duties and the execution of its powers
under Sections 7.50 through 7.61 of this Act; and
(p) To contract for and finance the costs of energy
audits, project-specific engineering and design
specifications, and any other related analyses preliminary to
an energy conservation project; and, to contract for and
finance the cost of project monitoring and data collection to
verify post-installation energy consumption and
energy-related operating costs. Any such contract shall be
executed only after it has been jointly negotiated by the
Authority and the Department of Commerce and Community
Affairs; and.
(q) To exercise such other powers as are necessary or
incidental to the foregoing.
(Source: P.A. 88-519; 89-445, eff. 2-7-96; revised 10-31-98.)
Section 42. The Illinois Human Resource Investment
Council Act is amended by changing the title of the Act as
follows:
(20 ILCS 3975/Act title)
An Act to create the Illinois Human Resource Investment
Job Training Coordinating Council.
Section 43. The Law Enforcement and Fire Fighting Medal
of Honor Act is amended by changing Section 2001 as follows:
(20 ILCS 3985/2001) (from Ch. 127, par. 3852-1)
Sec. 2001. There is created the Law Enforcement Medal of
Honor Committee, referred to in this Article as the
Committee. The Committee shall consist of the Director of
the Department of State Police, the Superintendent of the
Chicago Police Department, the Executive Director of the
Illinois Local Governmental Law Enforcement Officer's
Training Standards Board, and the following persons appointed
by the Governor: a sheriff, a chief of police from other
than Chicago, a representative of a statewide law enforcement
officer organization and a retired Illinois law enforcement
officer. Of the appointed members, the sheriff and police
chief shall each serve a 2-year term and the organization
representative and retired officer shall each serve a
one-year term. The Governor shall appoint initial members
within 3 months of the effective date of this Act.
Members of the Committee shall serve without compensation
but shall be reimbursed for actual expenses incurred in the
performance of their duties from funds appropriated to the
Office of the Governor for such purpose.
(Source: P.A. 86-1230; revised 7-10-98.)
Section 44. The Prairie State 2000 Authority Act is
amended by changing Section 14 as follows:
(20 ILCS 4020/14) (from Ch. 48, par. 1514)
Sec. 14. Qualification for Benefits. An individual is
entitled to receive benefits under this Act if it is
determined that:
(a) the individual is (i) within a benefit year as
defined in the Unemployment Insurance Act or has been
employed as defined under Section 206 of the Unemployment
Insurance Act a minimum of 3 of the 10 years previous to
the date of an application for benefits; or (ii) is
employed but is in need of additional skills for
continued employment and would be determined to meet the
requirements of the Unemployment Insurance Act to
establish a benefit year if such individual became
unemployed through a lack of suitable work opportunities;
or (iii) is certified to be a dislocated worker under the
federal Job Training Partnership Act or any successor
federal Act; and
(b) the individual has enrolled in a job-linked
program at a qualified institution, which program has
been certified by the Board as eligible for reimbursement
through issuance of vouchers from the Prairie State 2000
Fund; and established vocational goals directed toward
the acquisition of marketable skills relevant to current
local labor market needs by means of individual or
multi-course programs which may contain either remedial
or academic components; and.
(c) the individual has not been issued vouchers in
the maximum amount authorized under Section 15 within the
24 months previous to the pending determination that he
or she is eligible for receipt of benefits under this
Section and the individual is not receiving funds for a
job training program under the federal Job Training
Partnership Act.
(Source: P.A. 85-401; revised 10-31-98.)
Section 45. The Compensation Review Act is amended by
changing Section 2 as follows:
(25 ILCS 120/2) (from Ch. 63, par. 902)
Sec. 2. There is created the Compensation Review Board,
hereinafter thereinafter referred to as the Board.
The Board shall consist of l2 members, appointed 3 each
by the Speaker of the House of Representatives, the Minority
Leader thereof, the President of the Senate, and the Minority
Leader thereof. Members shall be adults and be residents of
Illinois. Members may not be members or employees or former
members or employees of the judicial, executive or
legislative branches of State government; nor may members be
persons registered under the Lobbyist Registration Act. Any
member may be reappointed for a consecutive term but no
member may serve for more than 10 years total on the Board.
The respective appointing legislative leader may remove any
such appointed member prior to the expiration of his term on
the Board for official misconduct, incompetence or neglect of
duty.
Members shall serve without compensation but shall
receive an allowance for living expenses incurred in the
performance of their official duties in an amount per day
equal to the amount permitted to be deducted for such
expenses by members of the General Assembly under the federal
Internal Revenue Code, as now or hereafter amended. The rate
for reimbursement of mileage expenses shall be equal to the
amount established from time to time for members of the
General Assembly. The Board may, without regard to the
Personnel Code, employ and fix the compensation or
remuneration of employees as it considers necessary or
desirable. The General Assembly shall appropriate the funds
necessary to operate the Board.
(Source: P.A. 86-1481; revised 10-31-98.)
Section 46. The Legislative Commission Reorganization
Act of 1984 is amended by changing Section 1-4 as follows:
(25 ILCS 130/1-4) (from Ch. 63, par. 1001-4)
Sec. 1-4. In addition to its general policy making and
coordinating responsibilities for the legislative support
services agencies, the Joint Committee on Legislative Support
Services shall have the following powers and duties with
respect to such agencies:
(1) To approve the executive director pursuant to
Section 1-5(e);
(2) To establish uniform hiring practices and personnel
procedures, including affirmative action, to assure equality
of employment opportunity;
(3) To establish uniform contract procedures, including
affirmative action, to assure equality in the awarding of
contracts, and to maintain a list of all contracts entered
into;
(4) To establish uniform travel regulations and approve
all travel outside the State of Illinois;
(5) To coordinate all leases and rental of real
property;
(6) Except as otherwise expressly provided by law, to
coordinate and serve as the agency authorized to assign
studies to be performed by any legislative support services
agency. Any study requested by resolution or joint resolution
of either house of the General Assembly shall be subject to
the powers of the Joint Committee to allocate resources
available to the General Assembly hereunder; provided,
however, that nothing herein shall be construed to preclude
the participation by public members in such studies or
prohibit their reimbursement for reasonable and necessary
expenses in connection therewith;
(7) To make recommendations to the General Assembly
regarding the continuance of the various committees, boards
and commissions that are the subject of the statutory
provisions repealed March 31, 1985, under Article 11 of this
Act;
(8) To assist the Auditor General as necessary to assure
the orderly and efficient termination of the various
committees, boards and commissions that are subject to
Article 12 of this Act;
(9) To consider and make recommendations to the General
Assembly regarding further reorganization of the legislative
support services agencies, and other legislative committees,
boards and commissions, as it may from time to time determine
to be necessary;
(10) To consider and recommend a comprehensive
transition plan for the legislative support services
agencies, including but not limited to issues such as the
consolidation of the organizational structure, centralization
or decentralization of staff, appropriate level of member
participation, guidelines for policy development, further
reductions which may be necessary, and measures which can be
taken to improve efficiency, and ensure accountability. To
assist in such recommendations the Joint Committee may
appoint an Advisory Group. Recommendations of the Joint
Committee shall be reported to the members of the General
Assembly no later than November 13, 1984. The requirement for
reporting to the General Assembly shall be satisfied by
filing copies of the report with the Speaker, the Minority
Leader and the Clerk of the House of Representatives and the
President, the Minority Leader and the Secretary of the
Senate and the Legislative Research Unit, as required by
Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government
Report Distribution Center for the General Assembly as is
required under paragraph (t) of Section 7 of the State
Library Act; and
(11) To contract for the establishment of child care
services pursuant to the State Agency Employees Child Care
Services Act; and
(12) To use funds appropriated from the General Assembly
Computer Equipment Revolving Fund for the purchase of
computer equipment for the General Assembly and for related
expenses and for other operational purposes of the General
Assembly in accordance with Section 6 of the Legislative
Information System Act.
(Source: P.A. 88-85; revised 10-31-98.)
Section 47. The State Finance Act is amended by setting
forth and renumbering multiple versions of Section 5.480 and
by changing Sections 12-2 and 15a as follows:
(30 ILCS 105/5.480)
Sec. 5.480. The Juvenile Accountability Incentive Block
Grant Fund.
(Source: P.A. 90-587, eff. 7-1-98.)
(30 ILCS 105/5.482)
Sec. 5.482. 5.480. The Petroleum Resources Revolving
Fund.
(Source: P.A. 90-614, eff. 7-10-98; revised 9-23-98.)
(30 ILCS 105/5.483)
Sec. 5.483. 5.480. The Economic Development Matching
Grants Program Fund.
(Source: P.A. 90-660, eff. 7-30-98; revised 9-23-98.)
(30 ILCS 105/5.484)
Sec. 5.484. 5.480. The Mammogram Fund.
(Source: P.A. 90-675, eff. 1-1-99; revised 9-23-98.)
(30 ILCS 105/5.485)
Sec. 5.485. 5.480. The Police Memorial Committee Fund.
(Source: P.A. 90-729, eff. 1-1-99; revised 9-23-98.)
(30 ILCS 105/5.486)
Sec. 5.486. 5.480. The Right to Read Fund.
(Source: P.A. 90-757, eff. 8-14-98; revised 9-23-98.)
(30 ILCS 105/5.487)
Sec. 5.487. 5.480. The Foreign Language Interpreter
Fund.
(Source: P.A. 90-771, eff. 1-1-99; revised 9-23-98.)
(30 ILCS 105/5.488)
Sec. 5.488. 5.480. The Port Development Revolving Loan
Fund.
(Source: P.A. 90-785, eff. 1-1-99; revised 9-23-98.)
(30 ILCS 105/12-2) (from Ch. 127, par. 148-2)
Sec. 12-2. (a) The chairmen of the travel control boards
established by Section 12-1, or their designees, shall
together comprise the Travel Regulation Council. The Travel
Regulation Council shall be chaired by the Director of
Central Management Services, who shall be a nonvoting member
of the Council, unless he is otherwise qualified to vote by
virtue of being the designee of a voting member. No later
than March 1, 1986, and at least biennially thereafter, the
Council shall adopt State Travel Regulations and
Reimbursement Rates which shall be applicable to all
personnel subject to the jurisdiction of the travel control
boards established by Section 12-1. An affirmative vote of a
majority of the members of the Council shall be required to
adopt regulations and reimbursement rates. If the Council
fails to adopt regulations by March 1 of any odd-numbered
year, the Director of Central Management Services shall adopt
emergency regulations and reimbursement rates pursuant to the
Illinois Administrative Procedure Procedures Act.
(b) Mileage for automobile travel shall be reimbursed at
the allowance rate in effect under regulations promulgated
pursuant to 5 U.S.C. 5707(b)(2). However, in the event the
rate set under federal regulations changes during the course
of the State's fiscal year, the effective date of the new
rate shall be the July 1 immediately following the change in
the federal rate.
(c) Rates for reimbursement of expenses other than
mileage shall not exceed the actual cost of travel as
determined by the United States Internal Revenue Service.
(d) Reimbursements to travelers shall be made pursuant
to the rates and regulations applicable to the respective
State agency as of the effective date of this amendatory Act,
until the State Travel Regulations and Reimbursement Rates
established by this Section are adopted and effective.
(Source: P.A. 89-376, eff. 8-18-95; revised 10-31-98.)
(30 ILCS 105/15a) (from Ch. 127, par. 151a)
Sec. 15a. Contractual services. The item "contractual
services", when used in an appropriation act, means and
includes:
(a) Expenditures incident to the current conduct
and operation of an office, department, board,
commission, institution or agency for postage and postal
charges, surety bond premiums, publications,
subscriptions, office conveniences and services,
exclusive of commodities as herein defined;
(b) Expenditures for rental of property or
equipment, repair or maintenance of property or equipment
including related supplies, equipment, materials,
services, replacement fixtures and repair parts, utility
services, professional or technical services, moving
expenses incident to a new State employment, and
transportation charges exclusive of "travel" as herein
defined;
(c) Expenditures for the rental of lodgings in
Springfield, Illinois and for the payment of utilities
used in connection with such lodgings for all elected
State officials, who are required by Section 1, Article V
of the Constitution of the State of Illinois to reside at
the seat of government during their term of office;
(d) Expenditures pursuant to multi-year lease,
lease-purchase or installment purchase contracts for
duplicating equipment authorized by Section 5.1 of the
Illinois Purchasing Act;
(e) Expenditures of $5,000 or less per project for
improvements to real property which, except for the
operation of this Section, would be classified as
"permanent improvements" as defined in Section 21;
(f) Expenditures pursuant to multi-year lease,
lease-purchase or installment purchase contracts for
land, permanent improvements or fixtures.
The item "contractual services" does not, however,
include any expenditures included in "operation of automotive
equipment" as defined in Section 24.2.
The item "contractual services" does not include any
expenditures for professional, technical, or other services
performed for a State agency under a contract executed after
the effective date of this amendatory Act of 1992 by a person
who was formerly employed by that agency and has received any
early retirement incentive under Section 14-108.3 or 16-133.3
of the Illinois Pension Code, unless the official or employee
executing the contract on behalf of the agency has certified
that the person performing the services either (i) possesses
possess unique expertise, or (ii) is essential to the
operation of the agency. This certification must be filed
with the Office of the Auditor General prior to the execution
of the contract, and shall be made available by that Office
for public inspection and copying. A contract not payable
from the contractual services item because of this paragraph
shall not be payable from any other item of appropriation.
For the purposes of this paragraph, the term "agency"
includes all offices, boards, commissions, departments,
agencies, and institutions of State government.
(Source: P.A. 87-836; 87-860; revised 10-31-98.)
Section 48. The State Officers and Employees Money
Disposition Act is amended by changing Section 6 as follows:
(30 ILCS 230/6) (from Ch. 127, par. 176a)
Sec. 6. This Act shall not apply to contributions or
other moneys collected pursuant to the provisions of "the
Unemployment Insurance Compensation Act" approved June 30,
1937, as amended.
(Source: Laws 1939, p. 1144; revised 10-31-98.)
Section 49. The Fiscal Agent Designation Act is amended
by changing Section 1 as follows:
(30 ILCS 325/1) (from Ch. 127, par. 321)
Sec. 1. The Building Bond Board created by the
Educational Institution Bond Authorization Act "An Act to
authorize the issuance and sale of bonds of the State of
Illinois for the purpose of obtaining funds to be used for
making permanent improvements at educational institutions
owned by this State and to provide for the payment of the
principal of and interest upon such bonds" and the Building
Bond Board created by the Mental Health Institution Bond Act
are "An Act to authorize the issuance and sale of bonds of
the State of Illinois for the purpose of obtaining funds to
be used for making permanent improvements at mental health
and other public welfare institutions owned by this State and
to provide for the payment of the principal of and interest
upon such bonds" each is authorized to designate a fiscal or
paying agent for the State of Illinois for bonds issued by
the State of Illinois in accordance with the aforementioned
Acts in the City of Chicago, Illinois, and in the Borough of
Manhattan, New York City, New York, as well as the office of
the State Treasurer.
(Source: Laws 1961, p. 1804; revised 10-31-98.)
Section 50. The General Obligation Bond Act is amended
by changing Section 9 as follows:
(30 ILCS 330/9) (from Ch. 127, par. 659)
Sec. 9. Conditions for Issuance and Sale of Bonds -
Requirements for Bonds. Bonds shall be issued and sold from
time to time in such amounts as directed by the Governor,
upon recommendation by the Director of the Bureau of the
Budget. Bonds shall be in such form, in the denomination of
$5,000 or some multiple thereof, payable within 30 years from
their date, bearing interest payable annually or semiannually
from their date at a rate that does not exceed that permitted
in 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, 1970, as now
or hereafter amended, and be dated as shall be fixed and
determined by the Director of the Bureau of the Budget in the
order authorizing the issuance and sale of Bonds, which order
shall be approved by the Governor prior to the giving of
notice of the sale of any Bonds. Said Bonds shall be payable
at such place or places, within or without the State of
Illinois, and may be made registrable as to either principal
or as to both principal and interest, as shall be fixed and
determined by the Director of the Bureau of the Budget in the
order authorizing the issuance and sale of such Bonds. Bonds
may be callable as fixed and determined by the Director of
the Bureau of the Budget in the order authorizing the
issuance and sale of Bonds; provided,; however, that the
State shall not pay a premium of more than 3% of the
principal of any Bonds so called.
(Source: P.A. 83-1490; revised 10-31-98.)
Section 51. The Metropolitan Civic Center Support Act is
amended by changing Section 4 as follows:
(30 ILCS 355/4) (from Ch. 85, par. 1394)
Sec. 4. Moneys will be committed and distributed from the
MEAOB Fund in the following manner:
(1) Any Authority desiring to make application for
financial support shall do so on forms and in the manner
provided by the Department and accompanied by an economic
feasibility report, an economic impact report, master
building plan and design, documented evidence that the
Authority has been created pursuant to law, a financial
plan, and the required local share of total project costs,
which local share shall include cash or pledges available on
demand through construction in an amount equivalent to 10% of
total project costs, and the sources of and procedures for
obtaining such local share, including evidence that the local
share was authorized at a public meeting. Local share may
not include State funds provided to the Authority through
grant or loan.
(2) (a) The application cycle for each program year is
from July 1 to June 30.
(b) Only Authorities recognized by the Director as being
created and organized prior to July 1 of a program year may
apply for support in that year.
(c) An application must be submitted by August 1 to be
considered in that year. An application submitted by August
1, 1990, that is not fully funded shall remain on file and
shall constitute a continuing application for the following 4
program years ending on June 30, 1992, June 30, 1993, June
30, 1994, and June 30, 1995. An Authority must participate in
a consultation with the Department prior to submitting an
application.
(d) Applications shall be made available for public
inspection by the Authority.
(e) The Department shall hold one or more hearings on
the applications. Applications may be grouped for hearings.
(f) Applications may be divided into construction
phases, but dividing the project into phases shall not imply
subsequent approval of funding the delayed phases.
Applications shall be limited to single or multi-purpose
projects the primary function of which is to provide public
entertainment, exhibitions or conventions or to provide
parking facilities related thereto. Office facilities may be
included as an incidental rather than a primary function of a
project. If the Authority holds land or property not
physically contiguous to the civic center property, the
Authority may utilize such other lands or property for any
facility administered by the Authority, and such facility may
be included as an incidental function of a project.
Notwithstanding the foregoing, an Authority created under the
Metropolitan Civic Center Act with a population of less than
100,000, that before July 1, 1990, has received State
financial support for 2 theatre renovation projects in 2
separate communities, may be eligible to seek State financial
support for an agricultural center, university sports
facility, and arena in cooperation with a State university
created under the Regency Universities Act.
(g) The Director shall certify an application as
eligible for State financial support if, in his judgment: (i)
the application satisfies all conditions in subsection (1) of
this Section; (ii) the application proposes a facility which
accommodates a documented community need; (iii) the
application shows evidence of community support; (iv) the
application proposes a facility which can reasonably be
expected to provide primary and secondary economic benefits
in the metropolitan area of the Authority including such
things as job creation, private investments and other
benefits; and (v) the application proposes a facility the
operational expenses of which are met by the Authority or
through other means available to the Authority.
(h) The Director may deny all or a portion of an
application and may deny certification to an applicant if in
the judgment of the Director the applicant has failed to show
that the project is economically feasible, or if the master
building plan and design are incomplete or inadequate, or if
the financial plan is inadequate. The submitted application
will be competitively ranked: If, after funding the highest
ranked applications, the amount available for certification
by the Director, as determined by the written certification
from the Budget Director pursuant to Section 4(4) of this
Act, is insufficient to fund the next highest ranked project
and the project cannot be separated into workable phases, the
Director may select the next highest ranked project for which
funds are sufficient.
(i) Upon completion of the application review the
Director shall provide a list of applications approved and
the amount approved, and a list of applications denied and
the amount denied to each applicant.
(j) Applicants denied shall be provided with the reason
for denial in writing.
(k) Applications not certified in one year may be
resubmitted in another year, but no preference shall be given
to resubmissions, unless the only reason for denial is lack
of available State financial support.
(l) Applications certified prior to June 1, 1985, shall
remain certified and eligible for State financial support
during fiscal year 1986 after September 3, 1985.
Applications received but not certified by the Department
prior to June 1, 1985, may be certified during fiscal year
1986 after September 3, 1985 in accordance with statutory
provisions in existence at the time the application was
received. All such applications shall be given priority over
applications subsequently received by the Department.
(3) (a) The Department shall establish for each
applicant which has been certified by the Director as being
eligible for State financial support a base sum equal to the
lesser of:
(i) 75% of the total project costs as determined
from applicant's estimate.
(ii) .0310 times the total assessed valuation, as
equalized by the Department of Revenue, of all taxable
property located within the metropolitan area of the
Authority for the year 1975 or 1983, whichever is
greater.
(iii) $20,000,000.
Notwithstanding the foregoing, an applicant with a
facility with more than 400,000 square feet of exhibition
space shall have a base sum of $15,000,000 in any event, and
the applicant shall be eligible to receive up to $10,000,000
of its base sum in the fiscal year beginning July 1, 1990,
and the balance of its base sum in the fiscal year beginning
July 1, 1991. Notwithstanding the foregoing, an applicant
that has received by July 1, 1990, the maximum amount of
State financial support authorized under subsection
(3)(a)(iii) of this Section shall receive additional State
financial support as appropriated by the General Assembly.
(b) After this base sum has been established, the
Department shall enter into an agreement with the Authority
whereby the Department will agree to do one of the following:
(i) Subject to annual appropriation by the General
Assembly, to pay annually to the Authority from the MEAOB
Fund, (A) an amount equal to the interest and principal
cost to the Authority of amortizing revenue bonds issued
by the Authority in an amount equal to the base sum or
(B) an amount equal to the interest and principal cost to
a unit of local government of amortizing revenue or
general obligation bonds issued by the unit of local
government pursuant to an intergovernmental cooperation
agreement with the Authority in an amount equal to the
base sum. The amortization schedule for such revenue or
general obligation bonds shall be determined by the
Authority or the unit of local government and be approved
by the Department; or
(ii) After September 3, 1985, to provide State
financial support from the issuance of Bonds pursuant to
Section 7 of this Act, the proceeds of which shall be
granted by the Department to the Authority in an amount
equal to the base sum, subject to annual appropriation by
the General Assembly. After September 3, 1985, newly
certified applicants shall receive State financial
support only in accordance with this subparagraph (ii).
(iii) The issuance of Bonds pursuant to Section 7 of this
Act to provide State financial support, as provided in
subparagraph (ii) above, shall be subject to the satisfaction
of all the conditions contained in this Act required for the
issuance of Bonds, including, without limitation, those
conditions contained in Section 9. Any application certified
by the Director as eligible for State financial support in
one fiscal year, but for which State financial support is not
provided during such fiscal year, shall continue to be
certified as eligible for State financial support in
subsequent fiscal years.
(4) Prior to July 1, 1989, the Director shall not
certify an applicant Authority as eligible for State
Financial Support unless he receives written certification
from the Budget Director that the revenues for the last
completed fiscal year paid into the MEAOB Fund equal or
exceed 175% of the annual debt service required with respect
to Bonds and Local Bonds for previously certified
applications and the application then under consideration.
For the fiscal year beginning July 1, 1989, and each fiscal
year thereafter, the Director shall not certify an applicant
Authority as eligible for State Financial Support unless he
receives written certification from the Budget Director that
the amount to be certified by the Director, when added to all
other amounts previously certified by the Director and funded
from the proceeds of Bonds, does not exceed the esti