[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0016
HB0708 Enrolled LRB9203186EGfg
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 2001 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 In certain cases in which a repealed Act or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incorporates amendments to the repealed Act or Section into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 reconcile 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 91-001 through 91-937 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 Sections 4.10, 4.20, and 4.21 as follows:
(5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
Sec. 4.10. The following Acts are repealed December 31,
1999:
The Fire Equipment Distributor and Employee Regulation
Act.
The Land Sales Registration Act of 1989.
(Source: P.A. 91-91, eff. 7-9-99; 91-92, eff. 7-9-99; 91-132,
eff. 7-16-99; 91-133, eff. 7-16-99; 91-245, eff. 12-31-99;
91-255, eff. 12-30-99; revised 11-9-99.)
(5 ILCS 80/4.20)
Sec. 4.20. Acts Act repealed on January 1, 2010 December
31, 2009. The following Acts are Act is repealed on January
1, 2010 December 31, 2009:
The Auction License Act.
The Illinois Architecture Practice Act of 1989.
The Illinois Landscape Architecture Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Land Sales Registration Act of 1999.
The Illinois Orthotics, Prosthetics, and Pedorthics
Practice Act.
The Perfusionist Practice Act.
The Professional Engineering Practice Act of 1989.
The Real Estate License Act of 2000.
The Structural Engineering Practice Act of 1989.
(Source: P.A. 91-91, eff. 7-9-99; 91-92, eff. 7-9-99; 91-132,
eff. 7-16-99; 91-133, eff. 7-16-99; 91-245, eff. 12-31-99;
91-255, eff. 12-30-99; 91-338, eff. 12-30-99; 91-580, eff.
1-1-00; 91-590, eff. 1-1-00; 91-603, eff. 1-1-00; revised
12-10-99.)
(5 ILCS 80/4.21)
Sec. 4.21. Acts Act repealed on January 1, 2011. The
following Acts are Act is repealed on January 1, 2011:
The Fire Equipment Distributor and Employee Regulation
Act of 2000.
The Radiation Protection Act of 1990.
(Source: P.A. 91-752, eff. 6-2-00; 91-835, eff. 6-16-00;
revised 9-1-00.)
Section 6.5. The Illinois Administrative Procedure Act
is amended by changing Section 10-50 as follows:
(5 ILCS 100/10-50) (from Ch. 127, par. 1010-50)
Sec. 10-50. Decisions and orders.
(a) A final decision or order adverse to a party (other
than the agency) in a contested case shall be in writing or
stated in the record. A final decision shall include
findings of fact and conclusions of law, separately stated.
Findings of fact, if set forth in statutory language, shall
be accompanied by a concise and explicit statement of the
underlying facts supporting the findings. If, in accordance
with agency rules, a party submitted proposed findings of
fact, the decision shall include a ruling upon each proposed
finding. Parties or their agents appointed to receive
service of process shall be notified either personally or by
registered or certified mail of any decision or order. Upon
request a copy of the decision or order shall be delivered or
mailed forthwith to each party and to his attorney of record.
(b) All agency orders shall specify whether they are
final and subject to the Administrative Review Law.
(c) A decision by any agency in a contested case under
this Act shall be void unless the proceedings are conducted
in compliance with the provisions of this Act relating to
contested cases, except to the extent those provisions are
waived under Section 10-70 10-75 and except to the extent the
agency has adopted its own rules for contested cases as
authorized in Section 1-5.
(Source: P.A. 87-823; revised 2-24-00.)
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, 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.
(jj) Information contained in a local emergency
energy plan submitted to a municipality in accordance
with a local emergency energy plan ordinance that is
adopted under Section 11-21.5-5 of the Illinois Municipal
Code.
(kk) (jj) Information and data concerning the
distribution of surcharge moneys collected and remitted
by wireless carriers under the Wireless Emergency
Telephone Safety 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; 91-137, eff. 7-16-99; 91-357,
eff. 7-29-99; 91-660, eff. 12-22-99; revised 1-17-00.)
Section 8. The State Records Act is amended by changing
Section 4a as follows:
(5 ILCS 160/4a)
Sec. 4a. Arrest reports.
(a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
(1) Information that identifies the individual
person, including the name, age, address, and photograph,
when and if available.
(2) Information detailing any charges relating to
the arrest.
(3) The time and location of the arrest.
(4) The name of the investigating or arresting law
enforcement agency.
(5) If the individual is incarcerated, the amount
of any bail or bond.
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or
transferred from the arresting agency's custody.
(b) The information required by this Section must be
made available to the news media for inspection and copying
as soon as practicable, but in no event shall the time period
exceed 72 hours from the arrest. The information described
in paragraphs (3), (4), (5), and (6) 3, 4, 5, and 6 of
subsection (a), however, may be withheld if it is determined
that disclosure would:
(1) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional agency;
(2) endanger the life or physical safety of law
enforcement or correctional personnel or any other
person; or
(3) compromise the security of any correctional
facility.
(c) For the purposes of this Section, the term "news
media" means personnel of a newspaper or other periodical
issued at regular intervals, a news service, a radio station,
a television station, a community antenna television service,
or a person or corporation engaged in making news reels or
other motion picture news for public showing.
(d) Each law enforcement or correctional agency may
charge fees for arrest records, but in no instance may the
fee exceed the actual cost of copying and reproduction. The
fees may not include the cost of the labor used to reproduce
the arrest record.
(e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(Source: P.A. 91-309, eff. 7-29-99; revised 11-3-99.)
Section 9. The State Employees Group Insurance Act of
1971 is amended by changing Sections 3 and 10 and by changing
and renumbering multiple versions of Section 6.12 as follows:
(5 ILCS 375/3) (from Ch. 127, par. 523)
Sec. 3. Definitions. Unless the context otherwise
requires, the following words and phrases as used in this Act
shall have the following meanings. The Department may define
these and other words and phrases separately for the purpose
of implementing specific programs providing benefits under
this Act.
(a) "Administrative service organization" means any
person, firm or corporation experienced in the handling of
claims which is fully qualified, financially sound and
capable of meeting the service requirements of a contract of
administration executed with the Department.
(b) "Annuitant" means (1) an employee who retires, or
has retired, on or after January 1, 1966 on an immediate
annuity under the provisions of Articles 2, 14, 15 (including
an employee who has retired under the optional retirement
program established under Section 15-158.2), paragraphs (2),
(3), or (5) of Section 16-106, or Article 18 of the Illinois
Pension Code; (2) any person who was receiving group
insurance coverage under this Act as of March 31, 1978 by
reason of his status as an annuitant, even though the annuity
in relation to which such coverage was provided is a
proportional annuity based on less than the minimum period of
service required for a retirement annuity in the system
involved; (3) any person not otherwise covered by this Act
who has retired as a participating member under Article 2 of
the Illinois Pension Code but is ineligible for the
retirement annuity under Section 2-119 of the Illinois
Pension Code; (4) the spouse of any person who is receiving a
retirement annuity under Article 18 of the Illinois Pension
Code and who is covered under a group health insurance
program sponsored by a governmental employer other than the
State of Illinois and who has irrevocably elected to waive
his or her coverage under this Act and to have his or her
spouse considered as the "annuitant" under this Act and not
as a "dependent"; or (5) an employee who retires, or has
retired, from a qualified position, as determined according
to rules promulgated by the Director, under a qualified local
government or a qualified rehabilitation facility or a
qualified domestic violence shelter or service. (For
definition of "retired employee", see (p) post).
(b-5) "New SERS annuitant" means a person who, on or
after January 1, 1998, becomes an annuitant, as defined in
subsection (b), by virtue of beginning to receive a
retirement annuity under Article 14 of the Illinois Pension
Code, and is eligible to participate in the basic program of
group health benefits provided for annuitants under this Act.
(b-6) "New SURS annuitant" means a person who (1) on or
after January 1, 1998, becomes an annuitant, as defined in
subsection (b), by virtue of beginning to receive a
retirement annuity under Article 15 of the Illinois Pension
Code, (2) has not made the election authorized under Section
15-135.1 of the Illinois Pension Code, and (3) is eligible to
participate in the basic program of group health benefits
provided for annuitants under this Act.
(b-7) "New TRS State annuitant" means a person who, on
or after July 1, 1998, becomes an annuitant, as defined in
subsection (b), by virtue of beginning to receive a
retirement annuity under Article 16 of the Illinois Pension
Code based on service as a teacher as defined in paragraph
(2), (3), or (5) of Section 16-106 of that Code, and is
eligible to participate in the basic program of group health
benefits provided for annuitants under this Act.
(c) "Carrier" means (1) an insurance company, a
corporation organized under the Limited Health Service
Organization Act or the Voluntary Health Services Plan Act, a
partnership, or other nongovernmental organization, which is
authorized to do group life or group health insurance
business in Illinois, or (2) the State of Illinois as a
self-insurer.
(d) "Compensation" means salary or wages payable on a
regular payroll by the State Treasurer on a warrant of the
State Comptroller out of any State, trust or federal fund, or
by the Governor of the State through a disbursing officer of
the State out of a trust or out of federal funds, or by any
Department out of State, trust, federal or other funds held
by the State Treasurer or the Department, to any person for
personal services currently performed, and ordinary or
accidental disability benefits under Articles 2, 14, 15
(including ordinary or accidental disability benefits under
the optional retirement program established under Section
15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or
Article 18 of the Illinois Pension Code, for disability
incurred after January 1, 1966, or benefits payable under the
Workers' Compensation or Occupational Diseases Act or
benefits payable under a sick pay plan established in
accordance with Section 36 of the State Finance Act.
"Compensation" also means salary or wages paid to an employee
of any qualified local government or qualified rehabilitation
facility or a qualified domestic violence shelter or service.
(e) "Commission" means the State Employees Group
Insurance Advisory Commission authorized by this Act.
Commencing July 1, 1984, "Commission" as used in this Act
means the Illinois Economic and Fiscal Commission as
established by the Legislative Commission Reorganization Act
of 1984.
(f) "Contributory", when referred to as contributory
coverage, shall mean optional coverages or benefits elected
by the member toward the cost of which such member makes
contribution, or which are funded in whole or in part through
the acceptance of a reduction in earnings or the foregoing of
an increase in earnings by an employee, as distinguished from
noncontributory coverage or benefits which are paid entirely
by the State of Illinois without reduction of the member's
salary.
(g) "Department" means any department, institution,
board, commission, officer, court or any agency of the State
government receiving appropriations and having power to
certify payrolls to the Comptroller authorizing payments of
salary and wages against such appropriations as are made by
the General Assembly from any State fund, or against trust
funds held by the State Treasurer and includes boards of
trustees of the retirement systems created by Articles 2, 14,
15, 16 and 18 of the Illinois Pension Code. "Department"
also includes the Illinois Comprehensive Health Insurance
Board, the Board of Examiners established under the Illinois
Public Accounting Act, and the Illinois Rural Bond Bank.
(h) "Dependent", when the term is used in the context of
the health and life plan, means a member's spouse and any
unmarried child (1) from birth to age 19 including an adopted
child, a child who lives with the member from the time of the
filing of a petition for adoption until entry of an order of
adoption, a stepchild or recognized child who lives with the
member in a parent-child relationship, or a child who lives
with the member if such member is a court appointed guardian
of the child, or (2) age 19 to 23 enrolled as a full-time
student in any accredited school, financially dependent upon
the member, and eligible to be claimed as a dependent for
income tax purposes, or (3) age 19 or over who is mentally or
physically handicapped. For the health plan only, the term
"dependent" also includes any person enrolled prior to the
effective date of this Section who is dependent upon the
member to the extent that the member may claim such person as
a dependent for income tax deduction purposes; no other such
person may be enrolled.
(i) "Director" means the Director of the Illinois
Department of Central Management Services.
(j) "Eligibility period" means the period of time a
member has to elect enrollment in programs or to select
benefits without regard to age, sex or health.
(k) "Employee" means and includes each officer or
employee in the service of a department who (1) receives his
compensation for service rendered to the department on a
warrant issued pursuant to a payroll certified by a
department or on a warrant or check issued and drawn by a
department upon a trust, federal or other fund or on a
warrant issued pursuant to a payroll certified by an elected
or duly appointed officer of the State or who receives
payment of the performance of personal services on a warrant
issued pursuant to a payroll certified by a Department and
drawn by the Comptroller upon the State Treasurer against
appropriations made by the General Assembly from any fund or
against trust funds held by the State Treasurer, and (2) is
employed full-time or part-time in a position normally
requiring actual performance of duty during not less than 1/2
of a normal work period, as established by the Director in
cooperation with each department, except that persons elected
by popular vote will be considered employees during the
entire term for which they are elected regardless of hours
devoted to the service of the State, and (3) except that
"employee" does not include any person who is not eligible by
reason of such person's employment to participate in one of
the State retirement systems under Articles 2, 14, 15 (either
the regular Article 15 system or the optional retirement
program established under Section 15-158.2) or 18, or under
paragraph (2), (3), or (5) of Section 16-106, of the Illinois
Pension Code, but such term does include persons who are
employed during the 6 month qualifying period under Article
14 of the Illinois Pension Code. Such term also includes any
person who (1) after January 1, 1966, is receiving ordinary
or accidental disability benefits under Articles 2, 14, 15
(including ordinary or accidental disability benefits under
the optional retirement program established under Section
15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or
Article 18 of the Illinois Pension Code, for disability
incurred after January 1, 1966, (2) receives total permanent
or total temporary disability under the Workers' Compensation
Act or Occupational Disease Act as a result of injuries
sustained or illness contracted in the course of employment
with the State of Illinois, or (3) is not otherwise covered
under this Act and has retired as a participating member
under Article 2 of the Illinois Pension Code but is
ineligible for the retirement annuity under Section 2-119 of
the Illinois Pension Code. However, a person who satisfies
the criteria of the foregoing definition of "employee" except
that such person is made ineligible to participate in the
State Universities Retirement System by clause (4) of
subsection (a) of Section 15-107 of the Illinois Pension Code
is also an "employee" for the purposes of this Act.
"Employee" also includes any person receiving or eligible for
benefits under a sick pay plan established in accordance with
Section 36 of the State Finance Act. "Employee" also includes
each officer or employee in the service of a qualified local
government, including persons appointed as trustees of
sanitary districts regardless of hours devoted to the service
of the sanitary district, and each employee in the service of
a qualified rehabilitation facility and each full-time
employee in the service of a qualified domestic violence
shelter or service, as determined according to rules
promulgated by the Director.
(l) "Member" means an employee, annuitant, retired
employee or survivor.
(m) "Optional coverages or benefits" means those
coverages or benefits available to the member on his or her
voluntary election, and at his or her own expense.
(n) "Program" means the group life insurance, health
benefits and other employee benefits designed and contracted
for by the Director under this Act.
(o) "Health plan" means a health benefits program
offered by the State of Illinois for persons eligible for the
plan.
(p) "Retired employee" means any person who would be an
annuitant as that term is defined herein but for the fact
that such person retired prior to January 1, 1966. Such term
also includes any person formerly employed by the University
of Illinois in the Cooperative Extension Service who would be
an annuitant but for the fact that such person was made
ineligible to participate in the State Universities
Retirement System by clause (4) of subsection (a) of Section
15-107 of the Illinois Pension Code.
(q) "Survivor" means a person receiving an annuity as a
survivor of an employee or of an annuitant. "Survivor" also
includes: (1) the surviving dependent of a person who
satisfies the definition of "employee" except that such
person is made ineligible to participate in the State
Universities Retirement System by clause (4) of subsection
(a) of Section 15-107 of the Illinois Pension Code; and (2)
the surviving dependent of any person formerly employed by
the University of Illinois in the Cooperative Extension
Service who would be an annuitant except for the fact that
such person was made ineligible to participate in the State
Universities Retirement System by clause (4) of subsection
(a) of Section 15-107 of the Illinois Pension Code.
(q-5) "New SERS survivor" means a survivor, as defined
in subsection (q), whose annuity is paid under Article 14 of
the Illinois Pension Code and is based on the death of (i) an
employee whose death occurs on or after January 1, 1998, or
(ii) a new SERS annuitant as defined in subsection (b-5).
(q-6) "New SURS survivor" means a survivor, as defined
in subsection (q), whose annuity is paid under Article 15 of
the Illinois Pension Code and is based on the death of (i) an
employee whose death occurs on or after January 1, 1998, or
(ii) a new SURS annuitant as defined in subsection (b-6).
(q-7) "New TRS State survivor" means a survivor, as
defined in subsection (q), whose annuity is paid under
Article 16 of the Illinois Pension Code and is based on the
death of (i) an employee who is a teacher as defined in
paragraph (2), (3), or (5) of Section 16-106 of that Code and
whose death occurs on or after July 1, 1998, or (ii) a new
TRS State annuitant as defined in subsection (b-7).
(r) "Medical services" means the services provided
within the scope of their licenses by practitioners in all
categories licensed under the Medical Practice Act of 1987.
(s) "Unit of local government" means any county,
municipality, township, school district, special district or
other unit, designated as a unit of local government by law,
which exercises limited governmental powers or powers in
respect to limited governmental subjects, any not-for-profit
association with a membership that primarily includes
townships and township officials, that has duties that
include provision of research service, dissemination of
information, and other acts for the purpose of improving
township government, and that is funded wholly or partly in
accordance with Section 85-15 of the Township Code; any
not-for-profit corporation or association, with a membership
consisting primarily of municipalities, that operates its own
utility system, and provides research, training,
dissemination of information, or other acts to promote
cooperation between and among municipalities that provide
utility services and for the advancement of the goals and
purposes of its membership; the Southern Illinois Collegiate
Common Market, which is a consortium of higher education
institutions in Southern Illinois; and the Illinois
Association of Park Districts. "Qualified local government"
means a unit of local government approved by the Director and
participating in a program created under subsection (i) of
Section 10 of this Act.
(t) "Qualified rehabilitation facility" means any
not-for-profit organization that is accredited by the
Commission on Accreditation of Rehabilitation Facilities or
certified by the Department of Human Services (as successor
to the Department of Mental Health and Developmental
Disabilities) to provide services to persons with
disabilities and which receives funds from the State of
Illinois for providing those services, approved by the
Director and participating in a program created under
subsection (j) of Section 10 of this Act.
(u) "Qualified domestic violence shelter or service"
means any Illinois domestic violence shelter or service and
its administrative offices funded by the Department of Human
Services (as successor to the Illinois Department of Public
Aid), approved by the Director and participating in a program
created under subsection (k) of Section 10.
(v) "TRS benefit recipient" means a person who:
(1) is not a "member" as defined in this Section;
and
(2) is receiving a monthly benefit or retirement
annuity under Article 16 of the Illinois Pension Code;
and
(3) either (i) has at least 8 years of creditable
service under Article 16 of the Illinois Pension Code, or
(ii) was enrolled in the health insurance program offered
under that Article on January 1, 1996, or (iii) is the
survivor of a benefit recipient who had at least 8 years
of creditable service under Article 16 of the Illinois
Pension Code or was enrolled in the health insurance
program offered under that Article on the effective date
of this amendatory Act of 1995, or (iv) is a recipient or
survivor of a recipient of a disability benefit under
Article 16 of the Illinois Pension Code.
(w) "TRS dependent beneficiary" means a person who:
(1) is not a "member" or "dependent" as defined in
this Section; and
(2) is a TRS benefit recipient's: (A) spouse, (B)
dependent parent who is receiving at least half of his or
her support from the TRS benefit recipient, or (C)
unmarried natural or adopted child who is (i) under age
19, or (ii) enrolled as a full-time student in an
accredited school, financially dependent upon the TRS
benefit recipient, eligible to be claimed as a dependent
for income tax purposes, and either is under age 24 or
was, on January 1, 1996, participating as a dependent
beneficiary in the health insurance program offered under
Article 16 of the Illinois Pension Code, or (iii) age 19
or over who is mentally or physically handicapped.
(x) "Military leave with pay and benefits" refers to
individuals in basic training for reserves, special/advanced
training, annual training, emergency call up, or activation
by the President of the United States with approved pay and
benefits.
(y) "Military leave without pay and benefits" refers to
individuals who enlist for active duty in a regular component
of the U.S. Armed Forces or other duty not specified or
authorized under military leave with pay and benefits.
(z) "Community college benefit recipient" means a person
who:
(1) is not a "member" as defined in this Section;
and
(2) is receiving a monthly survivor's annuity or
retirement annuity under Article 15 of the Illinois
Pension Code; and
(3) either (i) was a full-time employee of a
community college district or an association of community
college boards created under the Public Community College
Act (other than an employee whose last employer under
Article 15 of the Illinois Pension Code was a community
college district subject to Article VII of the Public
Community College Act) and was eligible to participate in
a group health benefit plan as an employee during the
time of employment with a community college district
(other than a community college district subject to
Article VII of the Public Community College Act) or an
association of community college boards, or (ii) is the
survivor of a person described in item (i).
(aa) "Community college dependent beneficiary" means a
person who:
(1) is not a "member" or "dependent" as defined in
this Section; and
(2) is a community college benefit recipient's: (A)
spouse, (B) dependent parent who is receiving at least
half of his or her support from the community college
benefit recipient, or (C) unmarried natural or adopted
child who is (i) under age 19, or (ii) enrolled as a
full-time student in an accredited school, financially
dependent upon the community college benefit recipient,
eligible to be claimed as a dependent for income tax
purposes and under age 23, or (iii) age 19 or over and
mentally or physically handicapped.
(Source: P.A. 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448,
eff. 8-16-97; 90-497, eff. 8-18-97; 90-511, eff. 8-22-97;
90-582, eff. 5-27-98; 90-655, eff. 7-30-98; 91-390, eff.
7-30-99; 91-395, eff. 7-30-99; 91-617, eff, 8-19-99; revised
10-19-99.)
(5 ILCS 375/6.12)
Sec. 6.12. Payment for services. The program of health
benefits is subject to the provisions of Section 368a, of the
Illinois Insurance Code.
(Source: P.A. 91-605, eff. 12-14-99; 91-788, eff. 6-9-00;
revised 6-28-00.)
(5 ILCS 375/6.13)
Sec. 6.13. 6.12. Managed Care Reform and Patient Rights
Act. The program of health benefits is subject to the
provisions of the Managed Care Reform and Patient Rights Act,
except the fee for service program shall only be required to
comply with Section 85 and the definition of "emergency
medical condition" in Section 10 of the Managed Care Reform
and Patient Rights Act.
(Source: P.A. 91-617, eff. 8-19-99; revised 10-18-99.)
(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 members and dependents who are eligible for
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 members and dependents who (1) first
become eligible for such Medicare coverage on or after July
1, 1992; or (2) are Medicare-eligible members or dependents
of a local government unit which began participation in the
program on or after July 1, 1992; or (3) 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.
The cost of participation in the basic program of group
health benefits for the dependent or survivor of a living or
deceased retired employee who was formerly employed by the
University of Illinois in the Cooperative Extension Service
and would be an annuitant but for the fact that he or she was
made ineligible to participate in the State Universities
Retirement System by clause (4) of subsection (a) of Section
15-107 of the Illinois Pension Code shall not be greater than
the cost of participation that would otherwise apply to that
dependent or survivor if he or she were the dependent or
survivor of an annuitant under the State Universities
Retirement System.
(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) (Blank).
(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%; except that the State contribution shall be 12.5% per
year (rather than 5%) for each full year of creditable
service as a regional superintendent or assistant regional
superintendent of schools. 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%; except that the State contribution shall be
12.5% per year (rather than 5%) for each full year of the
deceased employee's or deceased annuitant's creditable
service as a regional superintendent or assistant regional
superintendent of schools. 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 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 or
survivor 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 or survivor 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. However, the State shall pay the amount
of the reduction in the cost of participation, if any,
resulting from the amendment to subsection (a) made by this
amendatory Act of the 91st General Assembly.
(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 benefits 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 benefits 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, except that a participating
school district must have enrolled at least 85% of its
full-time employees who have not waived coverage under the
district's group health plan by participating in a component
of the district's cafeteria plan. A participating school
district is not required to enroll a full-time employee who
has waived coverage under the district's health plan,
provided that an appropriate official from the participating
school district attests that the full-time employee has
waived coverage by participating in a component of the
district's cafeteria plan. For the purposes of this
subsection, "participating school district" includes a unit
of local government whose primary purpose is education as
defined by the Department's rules.
Employees of a participating unit of local government who
are not enrolled due to coverage under another group health
policy or plan may enroll in the event of a qualifying change
in status, special enrollment, special circumstance as
defined by the Director, or during the annual Benefit Choice
Period. 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 benefits 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 benefits plan 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 eligible 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 in the event of a qualifying change
in status, special enrollment, special circumstance as
defined by the Director, or during the annual Benefit Choice
Period. 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 benefits 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 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.
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. Any
annuitant may enroll in the event of a qualifying change in
status, special enrollment, special circumstance as defined
by the Director, or during the annual Benefit Choice Period.
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.
(l-5) The provisions of subsection (l) become
inoperative on July 1, 1999.
(m) The Director shall adopt any rules deemed necessary
for implementation of this amendatory Act of 1989 (Public Act
86-978).
(Source: P.A. 90-65, eff. 7-7-97; 90-582, eff. 5-27-98;
90-655, eff. 7-30-98; 91-280, eff. 7-23-99; 91-311; eff.
7-29-99; 91-357, eff. 7-29-99; 91-390, eff. 7-30-99; 91-395,
eff. 7-30-99; 91-617, eff. 8-19-99; revised 8-31-99.)
Section 10. The Election Code is amended by changing
Sections 7-10 and 7-30 as follows:
(10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
Sec. 7-10. Form of petition for nomination. 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).
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).
.........................
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 county, and city, village or town, and state.
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 county, and
city, village or town, and state; 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); 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).
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 The number of signatures required for a
candidate for judicial office in a district, circuit, or
subcircuit, by a number of primary electors at least
equal to shall be 0.25% of the number of votes cast for
the judicial candidate of his or her political party who
received the highest number of votes at the last regular
general election at which a judicial officer from the
same district, circuit, or subcircuit was regularly
scheduled to be elected, but in no event fewer shall be
less than 500 signatures.
(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. 91-57, eff. 6-30-99; 91-357, eff. 7-29-99;
91-358, eff. 7-29-99; revised 8-17-99.)
(10 ILCS 5/7-30) (from Ch. 46, par. 7-30)
Sec. 7-30. Previous to any vote being taken, the primary
judges shall severally subscribe and take an oath or
affirmation in the following form, to-wit:
"I do solemnly swear (or affirm, as the case may be),
that I will support the Constitution of the United States and
the Constitution of the State of Illinois, and will
faithfully and honestly discharge the duties of primary
judge, according to the best of my ability, and that I have
resided in this State for 30 days, (and only in the case of a
primary judge in counties of less than 500,000 inhabitants,
have resided the following: in this precinct for the 30 days
next preceding this primary), (and in the case of a
registered voter, am entitled to vote at this primary)."
All persons subscribing the oath as aforesaid, and all
persons actually serving as primary judges, whether sworn or
not, shall be deemed to be and are hereby declared to be
officers of the circuit court of their respective counties.
(Source: P.A. 91-352, eff. 1-1-00; revised 2-23-00.)
Section 10.2. The State Library Act is amended by
changing Section 7 as follows:
(15 ILCS 320/7) (from Ch. 128, par. 107)
Sec. 7. Purposes of the State Library. The Illinois
State Library shall:
(a) Maintain a library for officials and employees of
the State, consisting of informational material and resources
pertaining to the phases of their work, and serve as the
State's library by extending its resources to citizens of
Illinois.
(b) Maintain and provide research library services for
all State agencies.
(c) Administer the Illinois Library System Act.
(d) Promote and administer the law relating to
Interstate Library Compacts.
(e) Enter into interagency agreements, pursuant to the
Intergovernmental Cooperation Act, including agreements to
promote access to information by Illinois students and the
general public.
(f) Promote and develop a cooperative library network
operating regionally or statewide for providing effective
coordination of the library resources of public, academic,
school, and special libraries.
(g) Administer grants of federal library funds pursuant
to federal law and requirements.
(h) Assist libraries in their plans for library
services, including funding the State-funded library systems
for the purpose of local library development and networking.
(i) Assist local library groups in developing programs
by which library services can be established and enhanced in
areas without those services.
(j) Be a clearing house, in an advisory capacity, for
questions and problems pertaining to the administration and
functioning of libraries in Illinois and to publish booklets
and pamphlets to implement this service.
(k) To Seek the opinion of the Attorney General for
legal questions pertaining to public libraries and their
function as governmental agencies.
(l) Contract with any other library or library agency to
carry out the purposes of the State Library. If any such
contract requires payments by user libraries for goods and
services, the State Library may distribute billings from
contractors to applicable user libraries and may receive and
distribute payments from user libraries to contractors.
There is hereby created in the State Treasury the Library
Trust Fund, into which all moneys payable to contractors
which are received from user libraries under this paragraph
(l) shall be paid. The Treasurer shall pay such funds to
contractors at the direction of the State Librarian.
(m) Compile, preserve and publish public library
statistical information.
(n) Compile the annual report of local public libraries
and library systems submitted to the State Librarian pursuant
to law.
(o) Conduct and arrange for library training programs
for library personnel, library directors and others involved
in library services.
(p) Prepare an annual report for each fiscal year.
(q) Make available to the public, by means of access by
way of the largest nonproprietary nonprofit cooperative
public computer network, certain records of State agencies.
As used in this subdivision (q), "State agencies" means
all officers, boards, commissions and agencies created by the
Constitution; all officers, departments, boards, commissions,
agencies, institutions, authorities, universities, and bodies
politic and corporate of the State; administrative units or
corporate outgrowths of the State government which are
created by or pursuant to statute, other than units of local
government and their officers, school districts and boards of
election commissioners; and all administrative units and
corporate outgrowths of the above and as may be created by
executive order of the Governor; however, "State agencies"
does not include any agency, officer, or other entity of the
judicial or legislative branch.
As used in this subdivision (q), "records" means public
records, as defined in the Freedom of Information Act, that
are not exempt from inspection and copying under that Act.
The State Librarian and each appropriate State agency
shall specify the types and categories of records that shall
be accessible through the public computer network and the
types and categories of records that shall be inaccessible.
Records currently held by a State agency and documents that
are required to be provided to the Illinois State Library in
accordance with Section 21 shall be provided to the Illinois
State Library in an appropriate electronic format when
feasible. The cost to each State agency of making records
accessible through the public computer network or of
providing records in an appropriate electronic format shall
be considered in making determinations regarding
accessibility.
As soon as possible and no later than 18 months after the
effective date of this amendatory Act of 1995, the types and
categories of information, specified by the State Librarian
and each appropriate State agency, shall be made available to
the public by means of access by way of the largest
nonproprietary, nonprofit cooperative public computer
network. The information shall be made available in one or
more formats and by one or more means in order to provide the
greatest feasible access to the general public in this State.
Any person who accesses the information may access all or any
part of the information. The information may also be made
available by any other means of access that would facilitate
public access to the information. The information shall be
made available in the shortest feasible time after it is
publicly available.
Any documentation that describes the electronic digital
formats of the information shall be made available by means
of access by way of the same public computer network.
Personal information concerning a person who accesses the
information may be maintained only for the purpose of
providing service to the person.
The electronic public access provided by way of the
public computer network shall be in addition to other
electronic or print distribution of the information.
No action taken under this subdivision (q) shall be
deemed to alter or relinquish any copyright or other
proprietary interest or entitlement of the State of Illinois
relating to any of the information made available under this
subdivision (q).
(r) Coordinate literacy programs for the Secretary of
State.
(s) Provide coordination of statewide preservation
planning, act as a focal point for preservation advocacy,
assess statewide needs and establish specific programs to
meet those needs, and manage state funds appropriated for
preservation work relating to the preservation of the library
and archival resources of Illinois.
(t) Create and maintain a State Government Report
Distribution Center for the General Assembly. The Center
shall receive all reports in all formats available required
by law or resolution to be filed with the General Assembly
and shall furnish copies of such reports on the same day on
which the report is filed with the Clerk of the House of
Representatives and the Secretary of the Senate, as required
by the General Assembly Organization Act, without charge to
members of the General Assembly upon request. This paragraph
does not affect the requirements of Section 21 of this Act
relating to the deposit of State publications with the State
library.
(Source: P.A. 91-507, eff. 8-13-99; revised 2-25-00.)
Section 10.4. The State Treasurer Act is amended by
changing Section 16.5 as follows:
(15 ILCS 505/16.5)
Sec. 16.5. College Savings Pool. The State Treasurer
may establish and administer a College Savings Pool to
supplement and enhance the investment opportunities otherwise
available to persons seeking to finance the costs of higher
education. The State Treasurer, in administering the College
Savings Pool, may receive moneys paid into the pool by a
participant and may serve as the fiscal agent of that
participant for the purpose of holding and investing those
moneys.
"Participant", as used in this Section, means any person
that makes investments in the pool. "Designated
beneficiary", as used in this Section, means any person on
whose behalf an account is established in the College Savings
Pool by a participant. Both in-state and out-of-state persons
may be participants and designated beneficiaries in the
College Savings Pool.
New accounts in the College Savings Pool shall be
processed through participating financial institutions.
"Participating financial institution", as used in this
Section, means any financial institution insured by the
Federal Deposit Insurance Corporation and lawfully doing
business in the State of Illinois and any credit union
approved by the State Treasurer and lawfully doing business
in the State of Illinois that agrees to process new accounts
in the College Savings Pool. Participating financial
institutions may charge a processing fee to participants to
open an account in the pool that shall not exceed $30 until
the year 2001. Beginning in 2001 and every year thereafter,
the maximum fee limit shall be adjusted by the Treasurer
based on the Consumer Price Index for the North Central
Region as published by the United States Department of Labor,
Bureau of Labor Statistics for the immediately preceding
calendar year. Every contribution received by a financial
institution for investment in the College Savings Pool shall
be transferred from the financial institution to a location
selected by the State Treasurer within one business day
following the day that the funds must be made available in
accordance with federal law. All communications from the
State Treasurer to participants shall reference the
participating financial institution at which the account was
processed.
The Treasurer may invest the moneys in the College
Savings Pool in the same manner, in the same types of
investments, and subject to the same limitations provided for
the investment of moneys by the Illinois State Board of
Investment. To enhance the safety and liquidity of the
College Savings Pool, to ensure the diversification of the
investment portfolio of the pool, and in an effort to keep
investment dollars in the State of Illinois, the State
Treasurer shall make a percentage of each account available
for investment in participating financial institutions doing
business in the State. The State Treasurer shall deposit
with the participating financial institution at which the
account was processed the following percentage of each
account at a prevailing rate offered by the institution,
provided that the deposit is federally insured or fully
collateralized and the institution accepts the deposit: 10%
of the total amount of each account for which the current age
of the beneficiary is less than 7 years of age, 20% of the
total amount of each account for which the beneficiary is at
least 7 years of age and less than 12 years of age, and 50%
of the total amount of each account for which the current age
of the beneficiary is at least 12 years of age. The State
Treasurer shall adjust each account at least annually to
ensure compliance with this Section. The Treasurer shall
develop, publish, and implement an investment policy covering
the investment of the moneys in the College Savings Pool. The
policy shall be published (i) at least once each year in at
least one newspaper of general circulation in both
Springfield and Chicago and (ii) each year as part of the
audit of the College Savings Pool by the Auditor General,
which shall be distributed to all participants. The Treasurer
shall notify all participants in writing, and the Treasurer
shall publish in a newspaper of general circulation in both
Chicago and Springfield, any changes to the previously
published investment policy at least 30 calendar days before
implementing the policy. Any investment policy adopted by the
Treasurer shall be reviewed and updated if necessary within
90 days following the date that the State Treasurer takes
office.
Participants shall be required to use moneys distributed
from the College Savings Pool for qualified expenses at
eligible educational institutions. "Qualified expenses", as
used in this Section, means the following: (i) tuition, fees,
and the costs of books, supplies, and equipment required for
enrollment or attendance at an eligible educational
institution and (ii) certain room and board expenses incurred
while attending an eligible educational institution at least
half-time. "Eligible educational institutions", as used in
this Section, means public and private colleges, junior
colleges, graduate schools, and certain vocational
institutions that are described in Section 481 of the Higher
Education Act of 1965 (20 U.S.C. 1088) and that are eligible
to participate in Department of Education student aid
programs. A student shall be considered to be enrolled at
least half-time if the student is enrolled for at least half
the full-time academic work load for the course of study the
student is pursuing as determined under the standards of the
institution at which the student is enrolled. Distributions
made from the pool for qualified expenses shall be made
directly to the eligible educational institution, directly to
a vendor, or in the form of a check payable to both the
beneficiary and the institution or vendor. Any moneys that
are distributed in any other manner or that are used for
expenses other than qualified expenses at an eligible
educational institution shall be subject to a penalty of 10%
of the earnings unless the beneficiary dies, becomes
disabled, or receives a scholarship that equals or exceeds
the distribution. Penalties shall be withheld at the time the
distribution is made.
The Treasurer shall limit the contributions that may be
made on behalf of a designated beneficiary based on an
actuarial estimate of what is required to pay tuition, fees,
and room and board for 5 undergraduate years at the highest
cost eligible educational institution. The contributions made
on behalf of a beneficiary who is also a beneficiary under
the Illinois Prepaid Tuition Program shall be further
restricted to ensure that the contributions in both programs
combined do not exceed the limit established for the College
Savings Pool. The Treasurer shall provide the Illinois
Student Assistance Commission each year at a time designated
by the Commission, an electronic report of all participant
accounts in the Treasurer's College Savings Pool, listing
total contributions and disbursements from each individual
account during the previous calendar year. As soon
thereafter as is possible following receipt of the
Treasurer's report, the Illinois Student Assistance
Commission shall, in turn, provide the Treasurer with an
electronic report listing those College Savings Pool
participants who also participate in the State's prepaid
tuition program, administered by the Commission. The
Commission shall be responsible for filing any combined tax
reports regarding State qualified savings programs required
by the United States Internal Revenue Service. The Treasurer
shall work with the Illinois Student Assistance Commission to
coordinate the marketing of the College Savings Pool and the
Illinois Prepaid Tuition Program when considered beneficial
by the Treasurer and the Director of the Illinois Student
Assistance Commission. The Treasurer's office shall not
publicize or otherwise market the College Savings Pool or
accept any moneys into the College Savings Pool prior to
March 1, 2000. The Treasurer shall provide a separate
accounting for each designated beneficiary to each
participant, the Illinois Student Assistance Commission, and
the participating financial institution at which the account
was processed. No interest in the program may be pledged as
security for a loan.
The assets of the College Savings Pool and its income and
operation shall be exempt from all taxation by the State of
Illinois and any of its subdivisions. The accrued earnings
on investments in the Pool once disbursed on behalf of a
designated beneficiary shall be similarly exempt from all
taxation by the State of Illinois and its subdivisions, so
long as they are used for qualified expenses. The provisions
of this paragraph are exempt from Section 250 of the Illinois
Income Tax Act.
The Treasurer shall adopt rules he or she considers
necessary for the efficient administration of the College
Savings Pool. The rules shall provide whatever additional
parameters and restrictions are necessary to ensure that the
College Savings Pool meets all of the requirements for a
qualified state tuition program under Section 529 of the
Internal Revenue Code (26 U.S.C. 529 52). The rules shall
provide for the administration expenses of the pool to be
paid from its earnings and for the investment earnings in
excess of the expenses and all moneys collected as penalties
to be credited or paid monthly to the several participants in
the pool in a manner which equitably reflects the differing
amounts of their respective investments in the pool and the
differing periods of time for which those amounts were in the
custody of the pool. Also, the rules shall require the
maintenance of records that enable the Treasurer's office to
produce a report for each account in the pool at least
annually that documents the account balance and investment
earnings. Notice of any proposed amendments to the rules and
regulations shall be provided to all participants prior to
adoption. Amendments to rules and regulations shall apply
only to contributions made after the adoption of the
amendment.
Upon creating the College Savings Pool, the State
Treasurer shall give bond with 2 or more sufficient sureties,
payable to and for the benefit of the participants in the
College Savings Pool, in the penal sum of $1,000,000,
conditioned upon the faithful discharge of his or her duties
in relation to the College Savings Pool.
(Source: P.A. 91-607, eff. 1-1-00; 91-829, eff. 1-1-01;
revised 7-3-00.)
Section 11. The Civil Administrative Code of Illinois is
amended by changing the heading to Article 1, adding Section
1-2 and changing Sections 1-5, 5-300, 5-310, 5-315, 5-320,
5-325, 5-330, 5-335, 5-340, 5-345, 5-350, 5-355, 5-360,
5-365, 5-370, 5-375, 5-385, 5-390, 5-395, 5-400, 5-410,
5-415, 5-420, and 5-550 as follows:
(20 ILCS 5/Art. 1 heading)
ARTICLE 1. SHORT TITLE AND GENERAL PROVISIONS
(20 ILCS 5/1-2 new)
Sec. 1-2. Article short title. This Article may be cited
as the General Provisions Article of the Civil Administrative
Code of Illinois.
(20 ILCS 5/1-5)
Sec. 1-5. Articles. The Civil Administrative Code of
Illinois consists of the following Articles:
Article 1. Short title and General Provisions (20 ILCS
5/1-1 and following).
Article 5. Departments of State Government Law (20 ILCS
5/5-1 and following).
Article 50. State Budget Law (15 ILCS 20/ 50/).
Article 110. Department on Aging Law (20 ILCS 110/).
Article 205. Department of Agriculture Law (20 ILCS
205/).
Article 250. State Fair Grounds Title Law (5 ILCS 620/
250/).
Article 310. Department of Human Services (Alcoholism and
Substance Abuse) Law (20 ILCS 310/).
Article 405. Department of Central Management Services
Law (20 ILCS 405/).
Article 510. Department of Children and Family Services
Powers Law (20 ILCS 510/).
Article 605. Department of Commerce and Community Affairs
Law (20 ILCS 605/).
Article 805. Department of Natural Resources
(Conservation) Law (20 ILCS 805/).
Article 1005. Department of Employment Security Law (20
ILCS 1005/).
Article 1405. Department of Insurance Law (20 ILCS
1405/).
Article 1505. Department of Labor Law (20 ILCS 1505/).
Article 1710. Department of Human Services (Mental Health
and Developmental Disabilities) Law (20 ILCS 1710/).
Article 1905. Department of Natural Resources (Mines and
Minerals) Law (20 ILCS 1905/).
Article 2005. Department of Nuclear Safety Law (20 ILCS
2005/).
Article 2105. Department of Professional Regulation Law
(20 ILCS 2105/).
Article 2205. Department of Public Aid Law (20 ILCS
2205/).
Article 2310. Department of Public Health Powers and
Duties Law (20 ILCS 2310/).
Article 2505. Department of Revenue Law (20 ILCS 2505/).
Article 2605. Department of State Police Law (20 ILCS
2605/).
Article 2705. Department of Transportation Law (20 ILCS
2705/).
Article 3000. University of Illinois Exercise of
Functions and Duties Law (110 ILCS 355/).
(Source: P.A. 91-239, eff. 1-1-00; revised 7-27-99.)
(20 ILCS 5/5-300) (was 20 ILCS 5/9)
Sec. 5-300. Officers' qualifications and salaries. The
executive and administrative officers, whose offices are
created by this Act, must have the qualifications prescribed
by law and shall receive annual salaries, payable in equal
monthly installments, as designated in the Sections following
this Section and preceding Section 5-500 9.31. If set by the
Governor, those annual salaries may not exceed 85% of the
Governor's annual salary.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-2-99.)
(20 ILCS 5/5-310) (was 20 ILCS 5/9.21)
Sec. 5-310. In the Department on Aging. The Director of
Aging shall receive an annual salary as set by the Governor
from time to time or as set by the Compensation Review Board,
whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-315) (was 20 ILCS 5/9.02)
Sec. 5-315. In the Department of Agriculture. The
Director of Agriculture shall receive an annual salary as set
by the Governor from time to time or as set by the
Compensation Review Board, whichever is greater.
The Assistant Director of Agriculture shall receive an
annual salary as set by the Governor from time to time or as
set by the Compensation Review Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-320) (was 20 ILCS 5/9.19)
Sec. 5-320. In the Department of Central Management
Services. The Director of Central Management Services shall
receive an annual salary as set by the Governor from time to
time or an amount set by the Compensation Review Board,
whichever is greater.
Each Assistant Director of Central Management Services
shall receive an annual salary as set by the Governor from
time to time or an amount set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-325) (was 20 ILCS 5/9.16)
Sec. 5-325. In the Department of Children and Family
Services. The Director of Children and Family Services shall
receive an annual salary as set by the Governor from time to
time or as set by the Compensation Review Board, whichever is
greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-330) (was 20 ILCS 5/9.18)
Sec. 5-330. In the Department of Commerce and Community
Affairs. The Director of Commerce and Community Affairs
shall receive an annual salary as set by the Governor from
time to time or as set by the Compensation Review Board,
whichever is greater.
The Assistant Director of Commerce and Community Affairs
shall receive an annual salary as set by the Governor from
time to time or as set by the Compensation Review Board,
whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-335) (was 20 ILCS 5/9.11a)
Sec. 5-335. In the Department of Corrections. The
Director of Corrections shall receive an annual salary as set
by the Governor from time to time or as set by the
Compensation Review Board, whichever is greater.
The Assistant Director of Corrections - Juvenile Division
shall receive an annual salary as set by the Governor from
time to time or as set by the Compensation Review Board,
whichever is greater.
The Assistant Director of Corrections - Adult Division
shall receive an annual salary as set by the Governor from
time to time or as set by the Compensation Review Board,
whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-340) (was 20 ILCS 5/9.30)
Sec. 5-340. In the Department of Employment Security.
The Director of Employment Security shall receive an annual
salary of as set by the Governor from time to time or an
amount set by the Compensation Review Board, whichever is
greater.
Each member of the Board of Review shall receive $15,000.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-345) (was 20 ILCS 5/9.15)
Sec. 5-345. In the Department of Financial Institutions.
The Director of Financial Institutions shall receive an
annual salary as set by the Governor from time to time or as
set by the Compensation Review Board, whichever is greater.
The Assistant Director of Financial Institutions shall
receive an annual salary as set by the Governor from time to
time or as set by the Compensation Review Board, whichever is
greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-350) (was 20 ILCS 5/9.24)
Sec. 5-350. In the Department of Human Rights. The
Director of Human Rights shall receive an annual salary as
set by the Governor from time to time or as set by the
Compensation Review Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-355) (was 20 ILCS 5/9.05a)
Sec. 5-355. In the Department of Human Services. The
Secretary of Human Services shall receive an annual salary as
set by the Governor from time to time 5-335 Law or such other
amount as may be set by the Compensation Review Board,
whichever is greater.
The Assistant Secretaries of Human Services shall each
receive an annual salary as set by the Governor from time to
time 5-395 Law or such other amount as may be set by the
Compensation Review Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-360) (was 20 ILCS 5/9.10)
Sec. 5-360. In the Department of Insurance. The Director
of Insurance shall receive an annual salary as set by the
Governor from time to time or as set by the Compensation
Review Board, whichever is greater.
The Assistant Director of Insurance shall receive an
annual salary as set by the Governor from time to time or as
set by the Compensation Review Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-365) (was 20 ILCS 5/9.03)
Sec. 5-365. In the Department of Labor. The Director of
Labor shall receive an annual salary as set by the Governor
from time to time or as set by the Compensation Review Board,
whichever is greater.
The Assistant Director of Labor shall receive an annual
salary as set by the Governor from time to time or as set by
the Compensation Review Board, whichever is greater.
The Chief Factory Inspector shall receive $24,700 from
the third Monday in January, 1979 to the third Monday in
January, 1980, and $25,000 thereafter, or as set by the
Compensation Review Board, whichever is greater.
The Superintendent of Safety Inspection and Education
shall receive $27,500, or as set by the Compensation Review
Board, whichever is greater.
The Superintendent of Women's and Children's Employment
shall receive $22,000 from the third Monday in January, 1979
to the third Monday in January, 1980, and $22,500 thereafter,
or as set by the Compensation Review Board, whichever is
greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-370) (was 20 ILCS 5/9.31)
Sec. 5-370. In the Department of the Lottery. The
Director of the Lottery shall receive an annual salary as set
by the Governor from time to time or an amount set by the
Compensation Review Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-375) (was 20 ILCS 5/9.09)
Sec. 5-375. In the Department of Natural Resources. The
Director of Natural Resources shall continue to receive the
annual salary set by law for the Director of Conservation
until January 20, 1997. Beginning on that date, the Director
of Natural Resources shall receive an annual salary as set by
the Governor from time to time or the amount set by the
Compensation Review Board, whichever is greater.
The Assistant Director of Natural Resources shall
continue to receive the annual salary set by law for the
Assistant Director of Conservation until January 20, 1997.
Beginning on that date, the Assistant Director of Natural
Resources shall receive an annual salary as set by the
Governor from time to time or the amount set by the
Compensation Review Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-385) (was 20 ILCS 5/9.25)
Sec. 5-385. In the Department of Nuclear Safety. The
Director of Nuclear Safety shall receive an annual salary as
set by the Governor from time to time or as set by the
Compensation Review Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-390) (was 20 ILCS 5/9.08)
Sec. 5-390. In the Department of Professional Regulation.
The Director of Professional Regulation shall receive an
annual salary as set by the Governor from time to time or as
set by the Compensation Review Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-395) (was 20 ILCS 5/9.17)
Sec. 5-395. In the Department of Public Aid. The
Director of Public Aid shall receive an annual salary as set
by the Governor from time to time or as set by the
Compensation Review Board, whichever is greater.
The Assistant Director of Public Aid shall receive an
annual salary as set by the Governor from time to time or as
set by the Compensation Review Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-400) (was 20 ILCS 5/9.07)
Sec. 5-400. In the Department of Public Health. The
Director of Public Health shall receive an annual salary as
set by the Governor from time to time or as set by the
Compensation Review Board, whichever is greater.
The Assistant Director of Public Health shall receive an
annual salary as set by the Governor from time to time or as
set by the Compensation Review Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-410) (was 20 ILCS 5/9.11)
Sec. 5-410. In the Department of State Police. The
Director of State Police shall receive an annual salary as
set by the Governor from time to time or as set by the
Compensation Review Board, whichever is greater.
The Assistant Director of State Police shall receive an
annual salary as set by the Governor from time to time or as
set by the Compensation Review Board, whichever is greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-415) (was 20 ILCS 5/9.05)
Sec. 5-415. In the Department of Transportation. The
Secretary of Transportation shall receive an annual salary as
set by the Governor from time to time or as set by the
Compensation Review Board, whichever is greater.
The Assistant Secretary of Transportation shall receive
an annual salary as set by the Governor from time to time or
as set by the Compensation Review Board, whichever is
greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-420) (was 20 ILCS 5/9.22)
Sec. 5-420. In the Department of Veterans' Affairs. The
Director of Veterans' Affairs shall receive an annual salary
as set by the Governor from time to time or as set by the
Compensation Review Board, whichever is greater.
The Assistant Director of Veterans' Affairs shall receive
an annual salary as set by the Governor from time to time or
as set by the Compensation Review Board, whichever is
greater.
(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00;
revised 8-1-99.)
(20 ILCS 5/5-550) (was 20 ILCS 5/6.23)
Sec. 5-550. In the Department of Human Services. A
State Rehabilitation Council, hereinafter referred to as the
Council, is hereby established for the purpose of advising
the Secretary and the vocational rehabilitation administrator
of the provisions of the federal Rehabilitation Act of 1973
and the Americans with Disabilities Act of 1990 in matters
concerning individuals with disabilities and the provision of
rehabilitation services. The Council shall consist of 25
members appointed by the Governor after soliciting
recommendations from representatives of organizations
representing a broad range of individuals with disabilities
and organizations interested in individuals with
disabilities. The Governor shall appoint to this Council the
following:
(1) One representative of a parent training center
established in accordance with the federal Individuals
with Disabilities Education Act.
(2) One representative of the client assistance
program.
(3) One vocational rehabilitation counselor who has
knowledge of and experience with vocational
rehabilitation programs. (If an employee of the
Department is appointed, that appointee shall serve as an
ex officio, nonvoting member.)
(4) One representative of community rehabilitation
program service providers.
(5) Four representatives of business, industry, and
labor.
(6) Eight representatives of disability advocacy
groups representing a cross section of the following:
(A) individuals with physical, cognitive,
sensory, and mental disabilities; and
(B) parents, family members, guardians,
advocates, or authorized representative of
individuals with disabilities who have difficulty in
representing themselves or who are unable, due to
their disabilities, to represent themselves.
(7) One current or former applicant for, or
recipient of, vocational rehabilitation services.
(8) Three representatives from secondary or higher
education.
(9) One representative of the State Workforce
Investment Board.
(10) One representative of the Illinois State Board
of Education who is knowledgeable about the Individuals
with Disabilities Education Act.
The chairperson of, or a member designated by, the Statewide
Independent Living Council created under Section 12a of the
Disabled Persons Rehabilitation Act, the chairperson of the
Blind Services Planning Council created under the Bureau for
the Blind Act, and the vocational rehabilitation
administrator shall serve as ex officio members. The
vocational rehabilitation administrator shall have no vote.
The Council shall select a Chairperson.
The Chairperson and at least 12 other members of the
Council shall have a recognized disability. One member shall
be a senior citizen age 60 or over. A majority of the
Council members shall not be employees of the Department of
Human Services. Current members of the Rehabilitation
Services Council shall serve until members of the newly
created Council are appointed.
The terms of all members appointed before the effective
date of Public Act 88-10 shall expire on July 1, 1993. The
members first appointed under Public Act 88-10 shall be
appointed to s