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Public Act 92-0651
SB1854 Enrolled LRB9215370EGfg
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 2002 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 In certain cases in which a repealed Act or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incorporates amendments to the repealed Act or Section into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 91-937 through 92-520 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 4. The Regulatory Sunset Act is amended by
changing Sections 4.13 and 4.22 as follows:
(5 ILCS 80/4.13) (from Ch. 127, par. 1904.13)
Sec. 4.13. Acts repealed on December 31, 2002. The
following Acts are repealed on December 31, 2002:
The Environmental Health Practitioner Licensing Act.
The Naprapathic Practice Act.
The Wholesale Drug Distribution Licensing Act.
The Dietetic and Nutrition Services Practice Act.
The Funeral Directors and Embalmers Licensing Code.
The Professional Counselor and Clinical Professional
Counselor Licensing Act.
(Source: P.A. 88-45; 89-61, eff. 6-30-95; revised 8-22-01.)
(5 ILCS 80/4.22)
Sec. 4.22. Acts Act repealed on January 1, 2012. The
following Acts are Act is repealed on January 1, 2012:.
The Detection of Deception Examiners Act.
The Home Inspector License Act.
The Interior Design Title Act.
The Professional Boxing Act.
The Real Estate Appraiser Appraisers Licensing Act of
2002.
The Water Well and Pump Installation Contractor's License
Act.
(Source: P.A. 92-104, eff. 7-20-01; 92-180, eff. 7-1-02;
92-239, eff. 8-3-01; 92-453, eff. 8-21-01; 92-499, eff.
1-1-02; 92-500, eff. 12-18-01; revised 12-26-01.)
(5 ILCS 80/4.12 rep.) (from Ch. 127, par. 1904.12)
Section. 5. The Regulatory Sunset Act is amended by
repealing Section 4.12.
Section 6. The Illinois Administrative Procedure Act is
amended by renumbering Section 90 (as added by P.A. 92-405)
as follows:
(5 ILCS 100/1-90)
Sec. 1-90. 90. Rulemaking.
(a) "Rulemaking" means the process and required
documentation for the adoption of Illinois Administrative
Code text.
(b) Required documentation.
(1) At the time of original proposal, rulemaking
documentation must consist of a notice page and new,
amendatory, or repealed text. New, repealed, and
amendatory text must be depicted in the manner required
by Secretary of State rule. Amendatory rulemakings must
indicate text deletion by striking through all text that
is to be omitted and must indicate text addition by
underlining all new text.
(2) At the time of adoption, documentation must
also include pages indicating the text of the new rule,
without striking and underlining, for inclusion in the
official Secretary of State records, the certification
required under Section 5-65(a), and any additional
documentation required by Secretary of State rule.
(3) For a required rulemaking adopted under Section
5-15, an emergency rulemaking under Section 5-45, or a
peremptory rulemaking under Section 5-50, the
documentation requirements of paragraphs (b)(1) and (2)
of this Section apply at the time of adoption.
(c) "Background text" means existing text of the
Illinois Administrative Code that is part of a rulemaking but
is not being amended by the rulemaking. Background text in
rulemaking documentation shall match the current text of the
Illinois Administrative Code.
(d) No material that was originally proposed in one
rulemaking may be combined with another proposed rulemaking
that was initially published without that material. However,
this does not preclude separate rulemakings from being
combined for publication at the time of adoption as
authorized by Secretary of State rule.
(Source: P.A. 92-405, eff. 8-16-01; revised 8-21-01.)
Section 7. The Freedom of Information Act is amended by
changing Sections 2 and 7 as follows:
(5 ILCS 140/2) (from Ch. 116, par. 202)
Sec. 2. Definitions. As used in this Act:
(a) "Public body" means any legislative, executive,
administrative, or advisory bodies of the State, state
universities and colleges, counties, townships, cities,
villages, incorporated towns, school districts and all other
municipal corporations, boards, bureaus, committees, or
commissions of this State, and any subsidiary bodies of any
of the foregoing including but not limited to committees and
subcommittees which are supported in whole or in part by tax
revenue, or which expend tax revenue. "Public body" does not
include a child death review team or the Illinois Child Death
Review Teams Executive Council established under the Child
Death Review Team Act.
(b) "Person" means any individual, corporation,
partnership, firm, organization or association, acting
individually or as a group.
(c) "Public records" means all records, reports, forms,
writings, letters, memoranda, books, papers, maps,
photographs, microfilms, cards, tapes, recordings, electronic
data processing records, recorded information and all other
documentary materials, regardless of physical form or
characteristics, having been prepared, or having been or
being used, received, possessed or under the control of any
public body. "Public records" includes, but is expressly not
limited to: (i) administrative manuals, procedural rules,
and instructions to staff, unless exempted by Section 7(p) of
this Act; (ii) final opinions and orders made in the
adjudication of cases, except an educational institution's
adjudication of student or employee grievance or disciplinary
cases; (iii) substantive rules; (iv) statements and
interpretations of policy which have been adopted by a public
body; (v) final planning policies, recommendations, and
decisions; (vi) factual reports, inspection reports, and
studies whether prepared by or for the public body; (vii) all
information in any account, voucher, or contract dealing with
the receipt or expenditure of public or other funds of public
bodies; (viii) the names, salaries, titles, and dates of
employment of all employees and officers of public bodies;
(ix) materials containing opinions concerning the rights of
the state, the public, a subdivision of state or a local
government, or of any private persons; (x) the name of every
official and the final records of voting in all proceedings
of public bodies; (xi) applications for any contract, permit,
grant, or agreement except as exempted from disclosure by
subsection (g) of Section 7 of this Act; (xii) each report,
document, study, or publication prepared by independent
consultants or other independent contractors for the public
body; (xiii) all other information required by law to be made
available for public inspection or copying; (xiv) information
relating to any grant or contract made by or between a public
body and another public body or private organization; (xv)
waiver documents filed with the State Superintendent of
Education or the president of the University of Illinois
under Section 30-12.5 of the School Code, concerning nominees
for General Assembly scholarships under Sections 30-9, 30-10,
and 30-11 of the School Code; (xvi) complaints, results of
complaints, and Department of Children and Family Services
staff findings of licensing violations at day care
facilities, provided that personal and identifying
information is not released; and (xvii) records, reports,
forms, writings, letters, memoranda, books, papers, and other
documentary information, regardless of physical form or
characteristics, having been prepared, or having been or
being used, received, possessed, or under the control of the
Illinois Sports Facilities Authority dealing with the receipt
or expenditure of public funds or other funds of the
Authority in connection with the reconstruction, renovation,
remodeling, extension, or improvement of all or substantially
all of an existing "facility" as that term is defined in the
Illinois Sports Facilities Authority Act.
(d) "Copying" means the reproduction of any public
record by means of any photographic, electronic, mechanical
or other process, device or means.
(e) "Head of the public body" means the president,
mayor, chairman, presiding officer, director, superintendent,
manager, supervisor or individual otherwise holding primary
executive and administrative authority for the public body,
or such person's duly authorized designee.
(f) "News media" means a newspaper or other periodical
issued at regular intervals whether in print or electronic
format, a news service whether in print or electronic format,
a radio station, a television station, a television network,
a community antenna television service, or a person or
corporation engaged in making news reels or other motion
picture news for public showing.
(Source: P.A. 91-935, eff. 6-1-01; 92-335, eff. 8-10-01;
92-468, eff. 8-22-01; revised 10-10-01.)
(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, computer graphic systems,
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 St. Clair County Transit District 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) 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. 91-137, eff. 7-16-99; 91-357, eff. 7-29-99;
91-660, eff. 12-22-99; 92-16, eff. 6-28-01; 92-241, eff.
8-3-01; 92-281, eff. 8-7-01; revised 10-2-01.)
Section 8. The State Employees Group Insurance Act of
1971 is amended by changing Section 3 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. For the health plan only, the term
"dependent" also includes any person who has received after
June 30, 2000 an organ transplant and who is financially
dependent upon the member and eligible to be claimed as a
dependent for income tax purposes.
(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 (including a
combination of school districts under the Intergovernmental
Cooperation Act), 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. 91-390, eff. 7-30-99; 91-395, eff. 7-30-99;
91-617, eff. 8-19-99; 92-16, eff. 6-28-01; 92-186, eff.
1-1-02; 92-204, eff. 8-1-01; revised 9-19-01.)
Section 9. The Civil Administrative Code of Illinois is
amended by changing Section 1-5 as follows:
(20 ILCS 5/1-5)
Sec. 1-5. Articles. The Civil Administrative Code of
Illinois consists of the following Articles:
Article 1. 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/).
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/).
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 2510. Certified Audit Program Law (20 ILCS
2510/).
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; 92-16, eff. 6-28-01;
revised 10-10-01.)
Section 10. The Illinois Act on the Aging is amended by
changing Section 4.01 as follows:
(20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
Sec. 4.01. Additional powers and duties of the
Department. In addition to powers and duties otherwise
provided by law, the Department shall have the following
powers and duties:
(1) To evaluate all programs, services, and facilities
for the aged and for minority senior citizens within the
State and determine the extent to which present public or
private programs, services and facilities meet the needs of
the aged.
(2) To coordinate and evaluate all programs, services,
and facilities for the Aging and for minority senior citizens
presently furnished by State agencies and make appropriate
recommendations regarding such services, programs and
facilities to the Governor and/or the General Assembly.
(3) To function as the sole State agency to develop a
comprehensive plan to meet the needs of the State's senior
citizens and the State's minority senior citizens.
(4) To receive and disburse State and federal funds made
available directly to the Department including those funds
made available under the Older Americans Act and the Senior
Community Service Employment Program for providing services
for senior citizens and minority senior citizens or for
purposes related thereto, and shall develop and administer
any State Plan for the Aging required by federal law.
(5) To solicit, accept, hold, and administer in behalf
of the State any grants or legacies of money, securities, or
property to the State of Illinois for services to senior
citizens and minority senior citizens or purposes related
thereto.
(6) To provide consultation and assistance to
communities, area agencies on aging, and groups developing
local services for senior citizens and minority senior
citizens.
(7) To promote community education regarding the
problems of senior citizens and minority senior citizens
through institutes, publications, radio, television and the
local press.
(8) To cooperate with agencies of the federal government
in studies and conferences designed to examine the needs of
senior citizens and minority senior citizens and to prepare
programs and facilities to meet those needs.
(9) To establish and maintain information and referral
sources throughout the State when not provided by other
agencies.
(10) To provide the staff support as may reasonably be
required by the Council and the Coordinating Committee of
State Agencies Serving Older Persons.
(11) To make and enforce rules and regulations necessary
and proper to the performance of its duties.
(12) To establish and fund programs or projects or
experimental facilities that are specially designed as
alternatives to institutional care.
(13) To develop a training program to train the
counselors presently employed by the Department's aging
network to provide Medicare beneficiaries with counseling and
advocacy in Medicare, private health insurance, and related
health care coverage plans. The Department shall report to
the General Assembly on the implementation of the training
program on or before December 1, 1986.
(14) To make a grant to an institution of higher
learning to study the feasibility of establishing and
implementing an affirmative action employment plan for the
recruitment, hiring, training and retraining of persons 60 or
more years old for jobs for which their employment would not
be precluded by law.
(15) To present one award annually in each of the
categories of community service, education, the performance
and graphic arts, and the labor force to outstanding Illinois
senior citizens and minority senior citizens in recognition
of their individual contributions to either community
service, education, the performance and graphic arts, or the
labor force. The awards shall be presented to four senior
citizens and minority senior citizens selected from a list of
44 nominees compiled annually by the Department. Nominations
shall be solicited from senior citizens' service providers,
area agencies on aging, senior citizens' centers, and senior
citizens' organizations. The Department shall consult with
the Coordinating Committee of State Agencies Serving Older
Persons to determine which of the nominees shall be the
recipient in each category of community service. The
Department shall establish a central location within the
State to be designated as the Senior Illinoisans Hall of Fame
for the public display of all the annual awards, or replicas
thereof.
(16) To establish multipurpose senior centers through
area agencies on aging and to fund those new and existing
multipurpose senior centers through area agencies on aging,
the establishment and funding to begin in such areas of the
State as the Department shall designate by rule and as
specifically appropriated funds become available.
(17) To develop the content and format of the
acknowledgment regarding non-recourse reverse mortgage loans
under Section 6.1 of the Illinois Banking Act; to provide
independent consumer information on reverse mortgages and
alternatives; and to refer consumers to independent
counseling services with expertise in reverse mortgages.
(18) To develop a pamphlet in English and Spanish which
may be used by physicians licensed to practice medicine in
all of its branches pursuant to the Medical Practice Act of
1987, pharmacists licensed pursuant to the Pharmacy Practice
Act of 1987, and Illinois residents 65 years of age or older
for the purpose of assisting physicians, pharmacists, and
patients in monitoring prescriptions provided by various
physicians and to aid persons 65 years of age or older in
complying with directions for proper use of pharmaceutical
prescriptions. The pamphlet may provide space for recording
information including but not limited to the following:
(a) name and telephone number of the patient;
(b) name and telephone number of the prescribing
physician;
(c) date of prescription;
(d) name of drug prescribed;
(e) directions for patient compliance; and
(f) name and telephone number of dispensing
pharmacy.
In developing the pamphlet, the Department shall consult
with the Illinois State Medical Society, the Center for
Minority Health Services, the Illinois Pharmacists
Association and senior citizens organizations. The
Department shall distribute the pamphlets to physicians,
pharmacists and persons 65 years of age or older or various
senior citizen organizations throughout the State.
(19) To conduct a study by April 1, 1994 of the
feasibility of implementing the Senior Companion Program
throughout the State for the fiscal year beginning July 1,
1994.
(20) With respect to contracts in effect on July 1,
1994, the Department shall increase the grant amounts so that
the reimbursement rates paid through the community care
program for chore housekeeping services and homemakers are at
the same rate, which shall be the higher of the 2 rates
currently paid. With respect to all contracts entered into,
renewed, or extended on or after July 1, 1994, the
reimbursement rates paid through the community care program
for chore housekeeping services and homemakers shall be the
same.
(21) From funds appropriated to the Department from the
Meals on Wheels Fund, a special fund in the State treasury
that is hereby created, and in accordance with State and
federal guidelines and the intrastate funding formula, to
make grants to area agencies on aging, designated by the
Department, for the sole purpose of delivering meals to
homebound persons 60 years of age and older.
(22) To distribute, through its area agencies on aging,
information alerting seniors on safety issues regarding
emergency weather conditions, including extreme heat and
cold, flooding, tornadoes, electrical storms, and other
severe storm weather. The information shall include all
necessary instructions for safety and all emergency telephone
numbers of organizations that will provide additional
information and assistance.
(23) To develop guidelines for the organization and
implementation of Volunteer Services Credit Programs to be
administered by Area Agencies on Aging or community based
senior service organizations. The Department shall hold
public hearings on the proposed guidelines for public
comment, suggestion, and determination of public interest.
The guidelines shall be based on the findings of other states
and of community organizations in Illinois that are currently
operating volunteer services credit programs or demonstration
volunteer services credit programs. The Department shall
offer guidelines for all aspects of the programs including,
but not limited to, the following:
(a) types of services to be offered by volunteers;
(b) types of services to be received upon the
redemption of service credits;
(c) issues of liability for the volunteers and the
administering organizations;
(d) methods of tracking service credits earned and
service credits redeemed;
(e) issues of time limits for redemption of service
credits;
(f) methods of recruitment of volunteers;
(g) utilization of community volunteers, community
service groups, and other resources for delivering
services to be received by service credit program
clients;
(h) accountability and assurance that services will
be available to individuals who have earned service
credits; and
(i) volunteer screening and qualifications.
The Department shall submit a written copy of the guidelines
to the General Assembly by July 1, 1998.
(Source: P.A. 89-249, eff. 8-4-95; 89-580, eff. 1-1-97;
90-251, eff. 1-1-98; revised 12-07-01.)
Section 11. The Children and Family Services Act is
amended by changing Section 7 and setting forth and
renumbering multiple versions of Section 5d as follows:
(20 ILCS 505/5d)
Sec. 5d. The Direct Child Welfare Service Employee
License Board.
(a) For purposes of this Section:
(1) "Board" means the Direct Child Welfare Service
Employee License Board.
(2) "Director" means the Director of Children and
Family Services.
(b) The Direct Child Welfare Service Employee License
Board is created within the Department of Children and Family
Services and shall consist of 9 members appointed by the
Director. The Director shall annually designate a
chairperson and vice-chairperson of the Board. The
membership of the Board must be composed as follows: (i) 5
licensed professionals from the field of human services with
a human services degree or equivalent course work as required
by rule of the Department and who are in good standing within
their profession, at least 2 of which must be employed in the
private not-for-profit sector and at least one of which in
the public sector; (ii) 2 faculty members of an accredited
university who have child welfare experience and are in good
standing within their profession and (iii) 2 members of the
general public who are not licensed under this Act or a
similar rule and will represent consumer interests.
In making the first appointments, the Director shall
appoint 3 members to serve for a term of one year, 3 members
to serve for a term of 2 years, and 3 members to serve for a
term of 3 years, or until their successors are appointed and
qualified. Their successors shall be appointed to serve
3-year terms, or until their successors are appointed and
qualified. Appointments to fill unexpired vacancies shall be
made in the same manner as original appointments. No member
may be reappointed if a reappointment would cause that member
to serve on the Board for longer than 6 consecutive years.
Board membership must have reasonable representation from
different geographic areas of Illinois, and all members must
be residents of this State.
The Director may terminate the appointment of any member
for good cause, including but not limited to (i) unjustified
absences from Board meetings or other failure to meet Board
responsibilities, (ii) failure to recuse himself or herself
when required by subsection (c) of this Section or Department
rule, or (iii) failure to maintain the professional position
required by Department rule. No member of the Board may have
a pending or indicated report of child abuse or neglect or a
pending complaint or criminal conviction of any of the
offenses set forth in paragraph (b) of Section 4.2 of the
Child Care Act of 1969.
The members of the Board shall receive no compensation
for the performance of their duties as members, but each
member shall be reimbursed for his or her reasonable and
necessary expenses incurred in attending the meetings of the
Board.
(c) The Board shall make recommendations to the Director
regarding licensure rules. Board members must recuse
themselves from sitting on any matter involving an employee
of a child welfare agency at which the Board member is an
employee or contractual employee. The Board shall make a
final determination concerning revocation, suspension, or
reinstatement of an employee's direct child welfare service
license after a hearing conducted under the Department's
rules. Upon notification of the manner of the vote to all the
members, votes on a final determination may be cast in
person, by telephonic or electronic means, or by mail at the
discretion of the chairperson. A simple majority of the
members appointed and serving is required when Board members
vote by mail or by telephonic or electronic means. A
majority of the currently appointed and serving Board members
constitutes a quorum. A majority of a quorum is required
when a recommendation is voted on during a Board meeting. A
vacancy in the membership of the Board shall not impair the
right of a quorum to perform all the duties of the Board.
Board members are not personally liable in any action based
upon a disciplinary proceeding or otherwise for any action
taken in good faith as a member of the Board.
(d) The Director may assign Department employees to
provide staffing services to the Board. The Department must
promulgate any rules necessary to implement and administer
the requirements of this Section.
(Source: P.A. 92-471, eff. 8-22-01.)
(20 ILCS 505/5e)
Sec. 5e. 5d. Advocacy Office for Children and Families.
The Department of Children and Family Services shall
establish and maintain an Advocacy Office for Children and
Families that shall, in addition to other duties assigned by
the Director, receive and respond to complaints that may be
filed by children, parents, caretakers, and relatives of
children receiving child welfare services from the Department
of Children and Family Services or its agents. The
Department shall promulgate policies and procedures for
filing, processing, investigating, and resolving the
complaints. The Department shall make a final report to the
complainant of its findings. If a final report is not
completed, the Department shall report on its disposition
every 30 days. The Advocacy Office shall include a statewide
toll-free telephone number that may be used to file
complaints, or to obtain information about the delivery of
child welfare services by the Department or its agents. This
telephone number shall be included in all appropriate notices
and handbooks regarding services available through the
Department.
(Source: P.A. 92-334, eff. 8-10-01; revised 10-17-01.)
(20 ILCS 505/7) (from Ch. 23, par. 5007)
Sec. 7. Placement of children; considerations.
(a) In placing any child under this Act, the Department
shall place such child, as far as possible, in the care and
custody of some individual holding the same religious belief
as the parents of the child, or with some child care facility
which is operated by persons of like religious faith as the
parents of such child.
(b) In placing a child under this Act, the Department
may place a child with a relative if the Department has
reason to believe that the relative will be able to
adequately provide for the child's safety and welfare. The
Department may not place a child with a relative, with the
exception of certain circumstances which may be waived as
defined by the Department in rules, if the results of a check
of the Law Enforcement Agency Data System (LEADS) identifies
a prior criminal conviction of the relative or any adult
member of the relative's household for any of the following
offenses under the Criminal Code of 1961:
(1) murder;
(1.1) solicitation of murder;
(1.2) solicitation of murder for hire;
(1.3) intentional homicide of an unborn child;
(1.4) voluntary manslaughter of an unborn child;
(1.5) involuntary manslaughter;
(1.6) reckless homicide;
(1.7) concealment of a homicidal death;
(1.8) involuntary manslaughter of an unborn child;
(1.9) reckless homicide of an unborn child;
(1.10) drug-induced homicide;
(2) a sex offense under Article 11, except offenses
described in Sections 11-7, 11-8, 11-12, and 11-13;
(3) kidnapping;
(3.1) aggravated unlawful restraint;
(3.2) forcible detention;
(3.3) aiding and abetting child abduction;
(4) aggravated kidnapping;
(5) child abduction;
(6) aggravated battery of a child;
(7) criminal sexual assault;
(8) aggravated criminal sexual assault;
(8.1) predatory criminal sexual assault of a child;
(9) criminal sexual abuse;
(10) aggravated sexual abuse;
(11) heinous battery;
(12) aggravated battery with a firearm;
(13) tampering with food, drugs, or cosmetics;
(14) drug-induced infliction of great bodily harm;
(15) aggravated stalking;
(16) home invasion;
(17) vehicular invasion;
(18) criminal transmission of HIV;
(19) criminal abuse or neglect of an elderly or
disabled person;
(20) child abandonment;
(21) endangering the life or health of a child;
(22) ritual mutilation;
(23) ritualized abuse of a child;
(24) an offense in any other state the elements of
which are similar and bear a substantial relationship to
any of the foregoing offenses.
For the purpose of this subsection, "relative" shall include
any person, 21 years of age or over, other than the parent,
who (i) is currently related to the child in any of the
following ways by blood or adoption: grandparent, sibling,
great-grandparent, uncle, aunt, nephew, niece, first cousin,
second cousin, godparent, great-uncle, or great-aunt; or (ii)
is the spouse of such a relative; or (iii) is the child's
step-father, step-mother, or adult step-brother or
step-sister; "relative" also includes a person related in any
of the foregoing ways to a sibling of a child, even though
the person is not related to the child, when the child and
its sibling are placed together with that person. A relative
with whom a child is placed pursuant to this subsection may,
but is not required to, apply for licensure as a foster
family home pursuant to the Child Care Act of 1969; provided,
however, that as of July 1, 1995, foster care payments shall
be made only to licensed foster family homes pursuant to the
terms of Section 5 of this Act.
(c) In placing a child under this Act, the Department
shall ensure that the child's health, safety, and best
interests are met in making a family foster care placement.
The Department shall consider the individual needs of the
child and the capacity of the prospective foster or adoptive
parents to meet the needs of the child. When a child must be
placed outside his or her home and cannot be immediately
returned to his or her parents or guardian, a comprehensive,
individualized assessment shall be performed of that child at
which time the needs of the child shall be determined. Only
if race, color, or national origin is identified as a
legitimate factor in advancing the child's best interests
shall it be considered. Race, color, or national origin
shall not be routinely considered in making a placement
decision. The Department shall make special efforts for the
diligent recruitment of potential foster and adoptive
families that reflect the ethnic and racial diversity of the
children for whom foster and adoptive homes are needed.
"Special efforts" shall include contacting and working with
community organizations and religious organizations and may
include contracting with those organizations, utilizing local
media and other local resources, and conducting outreach
activities.
(c-1) At the time of placement, the Department shall
consider concurrent planning, as described in subsection
(l-1) of Section 5, so that permanency may occur at the
earliest opportunity. Consideration should be given so that
if reunification fails or is delayed, the placement made is
the best available placement to provide permanency for the
child.
(d) The Department may accept gifts, grants, offers of
services, and other contributions to use in making special
recruitment efforts.
(e) The Department in placing children in adoptive or
foster care homes may not, in any policy or practice relating
to the placement of children for adoption or foster care,
discriminate against any child or prospective adoptive or
foster parent on the basis of race.
(Source: P.A. 92-192, eff. 1-1-02; 92-328, eff. 1-1-02;
92-334, eff. 8-10-01; revised 10-15-01.)
Section 12. The Department of Commerce and Community
Affairs Law of the Civil Administrative Code of Illinois is
amended by changing Sections 605-605 and 605-710 as follows:
(20 ILCS 605/605-605) (was 20 ILCS 605/46.57)
Sec. 605-605. Illinois Product and Services Exchange Law
Act.
(a) This Section may be cited as the Illinois Product
and Services Exchange Law Act.
(b) It is hereby found and declared that many large
Illinois firms and government agencies are purchasing
products and services from vendors in locations other than
Illinois, and that there is a need to assist those large
businesses and government agencies in locating Illinois
vendors who can provide those products and services of equal
quality and at comparable or lower costs; it is further found
and declared that the purchase of needed products and
services within the State by large firms and government
agencies would aid the survival and expansion of small
businesses in Illinois and help to strengthen the State's
economy.
(c) As used in this Section, "Illinois Product and
Services Exchange" means a program aimed at promoting the
purchase of goods and services produced in Illinois by firms
and government agencies within the State.
(d) The Department shall have the authority to establish
and administer an Illinois Product and Services Exchange
Program, which may include, but is not limited to, the
following powers and duties:
(1) To accept grants, loans, or appropriations from
the federal government or the State or any agency or
instrumentality thereof, and to assess fees for any
services performed under the Illinois Product and
Services Exchange Program, to carry out the Program.
(2) To form an Illinois Product and Services
Exchange Council, made up of Illinois large firms and
small firms to provide advice and counsel in directing a
statewide Product and Services Exchange Program.
(3) To publicize and advertise to Illinois firms
and government agencies the importance and benefits of
buying goods and services provided by vendors located
within the State.
(4) To secure the cooperation of Illinois' large
firms, federal, State, and local governments, non-profit
agencies, and others to carry out this program.
(5) To match the needs for products and services of
business firms and government agencies with the
capabilities of small Illinois firms that can provide
those needed goods and services.
(6) To hold purchasing agent seminars, fairs,
conferences, and workshops to aid small Illinois
businesses in obtaining contracts for goods and services
from larger firms and government agencies within the
State.
(7) To assist business firms and government
agencies to analyze their buying activities and to find
ways to carry out those activities in an effective and
economical manner, while promoting subcontract activity
with small Illinois firms.
(8) To establish manual and electronic buying
directories, including stand alone computer data bases
that list qualified vendors and procurement
opportunities.
(9) To promote through other means the use by
government agencies and large businesses of products and
services produced by small Illinois firms.
(10) To subcontract, grant funds, or otherwise
participate with qualified private firms, existing
procurement centers, or other organizations that have
designed programs, approved in accordance with procedures
determined by the Department, that are aimed at assisting
small Illinois firms obtain contracts for products and
services from local government agencies and large
Illinois businesses.
(11) To develop and administer guidelines for
projects that provide assistance to the Department in
connection with the Illinois Product and Services
Exchange Program.
(Source: P.A. 91-239, eff. 1-1-00; revised 1-25-02.)
(20 ILCS 605/605-710)
Sec. 605-710. Regional tourism development
organizations.
(a) The Department may, subject to appropriation,
provide grants from the Tourism Promotion Fund for the
administrative costs of not-for-profit regional tourism
development organizations that assist the Department in
developing tourism throughout a multi-county geographical
area designated by the Department. Regional tourism
development organizations receiving funds under this Section
may be required by the Department to submit to audits of
contracts awarded by the Department to determine whether the
regional tourism development organization has performed all
contractual obligations under those contracts.
Every employee of a regional tourism development
organization receiving funds under this Section shall
disclose to the organization's governing board and to the
Department any economic interest that employee may have in
any entity with which the regional tourism development
organization has contracted or to which the regional tourism
development organization has granted funds.
(b) The Department, from moneys transferred from the
General Revenue Fund to the Tourism Promotion Fund and
appropriated from the Tourism Promotion Fund, shall first
provide funding of $5,000,000 annually to a governmental
entity with at least 2,000,000 square feet of exhibition
space that has as part of its duties the promotion of
cultural, scientific and trade exhibits and events within a
county with a population of more than 3,000,000, to be used
for any of the governmental entity's general corporate
purposes.
(Source: P.A. 92-11, eff. 6-11-01; 92-38, eff. 6-28-01;
revised 9-18-01.)
Section 13. The Interagency Wetland Policy Act of 1989
is amended by changing Section 2-1 as follows:
(20 ILCS 830/2-1) (from Ch. 96 1/2, par. 9702-1)
Sec. 2-1. Interagency Wetlands Committee. An Interagency
Wetlands Committee, chaired by the Director of Natural
Resources or his or her representative, is established. The
Directors of the following agencies, or their respective
representatives representative, shall serve as members of the
Committee:
Capital Capitol Development Board,
Department of Agriculture,
Department of Commerce and Community Affairs,
Environmental Protection Agency,
Department of Transportation, and
Historic Preservation Agency.
The Interagency Wetlands Committee shall also include 2
additional persons with relevant expertise designated by the
Director of Natural Resources.
The Interagency Wetlands Committee shall advise the
Director in the administration of this Act. This will
include:
(a) Developing rules and regulations for the
implementation and administration of this Act.
(b) Establishing guidelines for developing
individual Agency Action Plans.
(c) Developing and adopting technical procedures
for the consistent identification, delineation and
evaluation of existing wetlands and quantification of
their functional values and the evaluation of wetland
restoration or creation projects.
(d) Developing a research program for wetland
function, restoration and creation.
(e) Preparing reports, including:
(1) A biennial report to the Governor and the
General Assembly on the impact of State supported
activities on wetlands.
(2) A comprehensive report on the status of
the State's wetland resources, including
recommendations for additional programs, by January
15, 1991.
(f) Development of educational materials to promote
the protection of wetlands.
(Source: P.A. 89-445, eff. 2-7-96; revised 12-2-01.)
Section 14. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
Sections 2605-302 and 2605-555 as follows:
(20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part)
Sec. 2605-302. 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,
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 items (3), (4), (5), and (6) of subsection (a), however,
may be withheld if it is determined that disclosure would (i)
interfere with pending or actually and reasonably
contemplated law enforcement proceedings conducted by any law
enforcement or correctional agency; (ii) endanger the life or
physical safety of law enforcement or correctional personnel
or any other person; or (iii) 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 whether in print or electronic
format, a news service whether in print or electronic format,
a radio station, a television station, a television network,
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; 92-16, eff. 6-28-01;
incorporates 92-335, eff. 8-10-01; revised 9-17-01.)
(20 ILCS 2605/2605-555)
Sec. 2605-555. Pilot program; Project Exile.
(a) The Department shall establish a Project Exile pilot
program to combat gun violence.
(b) Through the pilot program, the Department, in
coordination with local law enforcement agencies, State's
Attorneys, and United States Attorneys, shall, to the extent
possible, encourage the prosecution in federal court of all
persons who illegally use, attempt to use, or threaten to use
firearms against the person or property of another, of all
persons who use or possess a firearm in connection with a
violation of the Cannabis Control Act or the Illinois
Controlled Substances Act, all persons who have been
convicted of a felony under the laws of this State or any
other jurisdiction who possess any weapon prohibited under
Section 24-1 of the Criminal Code of 1961 or any firearm or
any firearm ammunition, and of all persons who use or possess
a firearm in connection with a violation of an order of
protection issued under the Illinois Domestic Violence Act of
1986 or Article 112A of the Code of Criminal Procedure of
1963 or in connection with the offense of domestic battery.
The program shall also encourage public outreach by law
enforcement agencies.
(c) There is created the Project Exile Fund, a special
fund in the State treasury. Moneys appropriated for the
purposes of Project Exile and moneys from any other private
or public source, including without limitation grants from
the Department of Commerce and Community Affairs, shall be
deposited into the Fund. Moneys in the Fund, subject to
appropriation, may be used by the Department of State Police
to develop and administer the Project Exile pilot program.
(d) The Department shall report to the General Assembly
by March 1, 2003 regarding the implementation and effects of
the Project Exile pilot program and shall by that date make
recommendations to the General Assembly for changes in the
program that the Department deems appropriate.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader, and the Clerk of the House of
Representatives, and with the President, the Minority Leader,
and the Secretary of the Senate, and with the Legislative
Research Unit, as required by Section 3.1 of the General
Assembly Organization Act, and filing such additional copies
with the State Government Report Distribution Center for the
General Assembly as is required under paragraph (t) of
Section 7 of the State Library Act.
(Source: P.A. 92-332, eff. 8-10-01; 92-342, eff. 8-10-01;
revised 10-15-01.)
Section 15. The Criminal Identification Act is amended
by changing Section 5 as follows:
(20 ILCS 2630/5) (from Ch. 38, par. 206-5)
Sec. 5. Arrest reports; expungement.
(a) All policing bodies of this State shall furnish to
the Department, daily, in the form and detail the Department
requires, fingerprints and descriptions of all persons who
are arrested on charges of violating any penal statute of
this State for offenses that are classified as felonies and
Class A or B misdemeanors and of all minors of the age of 10
and over who have been arrested for an offense which would be
a felony if committed by an adult, and may forward such
fingerprints and descriptions for minors arrested for Class A
or B misdemeanors. Moving or nonmoving traffic violations
under the Illinois Vehicle Code shall not be reported except
for violations of Chapter 4, Section 11-204.1, or Section
11-501 of that Code. In addition, conservation offenses, as
defined in the Supreme Court Rule 501(c), that are classified
as Class B misdemeanors shall not be reported.
Whenever an adult or minor prosecuted as an adult, not
having previously been convicted of any criminal offense or
municipal ordinance violation, charged with a violation of a
municipal ordinance or a felony or misdemeanor, is acquitted
or released without being convicted, whether the acquittal or
release occurred before, on, or after the effective date of
this amendatory Act of 1991, the Chief Judge of the circuit
wherein the charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less than
3,000,000 inhabitants, the presiding trial judge at the
defendant's trial may upon verified petition of the defendant
order the record of arrest expunged from the official records
of the arresting authority and the Department and order that
the records of the clerk of the circuit court be sealed until
further order of the court upon good cause shown and the name
of the defendant obliterated on the official index required
to be kept by the circuit court clerk under Section 16 of the
Clerks of Courts Act, but the order shall not affect any
index issued by the circuit court clerk before the entry of
the order. The Department may charge the petitioner a fee
equivalent to the cost of processing any order to expunge or
seal the records, and the fee shall be deposited into the
State Police Services Fund. The records of those arrests,
however, that result in a disposition of supervision for any
offense shall not be expunged from the records of the
arresting authority or the Department nor impounded by the
court until 2 years after discharge and dismissal of
supervision. Those records that result from a supervision
for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
11-503 of the Illinois Vehicle Code or a similar provision of
a local ordinance, or for a violation of Section 12-3.2,
12-15 or 16A-3 of the Criminal Code of 1961, or probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
and (2) of the Criminal Code of 1961 (as those provisions
existed before their deletion by Public Act 89-313), Section
10-102 of the Illinois Alcoholism and Other Drug Dependency
Act when the judgment of conviction has been vacated, Section
40-10 of the Alcoholism and Other Drug Abuse and Dependency
Act when the judgment of conviction has been vacated, or
Section 10 of the Steroid Control Act shall not be expunged
from the records of the arresting authority nor impounded by
the court until 5 years after termination of probation or
supervision. Those records that result from a supervision
for a violation of Section 11-501 of the Illinois Vehicle
Code or a similar provision of a local ordinance, shall not
be expunged. All records set out above may be ordered by the
court to be expunged from the records of the arresting
authority and impounded by the court after 5 years, but shall
not be expunged by the Department, but shall, on court order
be sealed by the Department and may be disseminated by the
Department only as required by law or to the arresting
authority, the State's Attorney, and the court upon a later
arrest for the same or a similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any offense, the Department of Corrections shall have access
to all sealed records of the Department pertaining to that
individual.
(a-5) Those records maintained by the Department for
persons arrested prior to their 17th birthday shall be
expunged as provided in Section 5-915 of the Juvenile Court
Act of 1987.
(b) Whenever a person has been convicted of a crime or
of the violation of a municipal ordinance, in the name of a
person whose identity he has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization, upon
learning of the person having been arrested using his
identity, may, upon verified petition to the chief judge of
the circuit wherein the arrest was made, have a court order
entered nunc pro tunc by the chief judge to correct the
arrest record, conviction record, if any, and all official
records of the arresting authority, the Department, other
criminal justice agencies, the prosecutor, and the trial
court concerning such arrest, if any, by removing his name
from all such records in connection with the arrest and
conviction, if any, and by inserting in the records the name
of the offender, if known or ascertainable, in lieu of the
aggrieved's has name. The records of the clerk of the
circuit court clerk shall be sealed until further order of
the court upon good cause shown and the name of the aggrieved
person obliterated on the official index required to be kept
by the circuit court clerk under Section 16 of the Clerks of
Courts Act, but the order shall not affect any index issued
by the circuit court clerk before the entry of the order.
Nothing in this Section shall limit the Department of State
Police or other criminal justice agencies or prosecutors from
listing under an offender's name the false names he or she
has used. For purposes of this Section, convictions for
moving and nonmoving traffic violations other than
convictions for violations of Chapter 4, Section 11-204.1 or
Section 11-501 of the Illinois Vehicle Code shall not be a
bar to expunging the record of arrest and court records for
violation of a misdemeanor or municipal ordinance.
(c) Whenever a person who has been convicted of an
offense is granted a pardon by the Governor which
specifically authorizes expungement, he may, upon verified
petition to the chief judge of the circuit where the person
had been convicted, any judge of the circuit designated by
the Chief Judge, or in counties of less than 3,000,000
inhabitants, the presiding trial judge at the defendant's
trial, may have a court order entered expunging the record of
arrest from the official records of the arresting authority
and order that the records of the clerk of the circuit court
and the Department be sealed until further order of the court
upon good cause shown or as otherwise provided herein, and
the name of the defendant obliterated from the official index
requested to be kept by the circuit court clerk under Section
16 of the Clerks of Courts Act in connection with the arrest
and conviction for the offense for which he had been pardoned
but the order shall not affect any index issued by the
circuit court clerk before the entry of the order. All
records sealed by the Department may be disseminated by the
Department only as required by law or to the arresting
authority, the State's Attorney, and the court upon a later
arrest for the same or similar offense or for the purpose of
sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department
pertaining to that individual. Upon entry of the order of
expungement, the clerk of the circuit court shall promptly
mail a copy of the order to the person who was pardoned.
(c-5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, criminal sexual abuse, or
aggravated criminal sexual abuse, the victim of that offense
may request that the State's Attorney of the county in which
the conviction occurred file a verified petition with the
presiding trial judge at the defendant's trial to have a
court order entered to seal the records of the clerk of the
circuit court in connection with the proceedings of the trial
court concerning that offense. However, the records of the
arresting authority and the Department of State Police
concerning the offense shall not be sealed. The court, upon
good cause shown, shall make the records of the clerk of the
circuit court in connection with the proceedings of the trial
court concerning the offense available for public inspection.
(d) Notice of the petition for subsections (a), (b), and
(c) shall be served upon the State's Attorney or prosecutor
charged with the duty of prosecuting the offense, the
Department of State Police, the arresting agency and the
chief legal officer of the unit of local government affecting
the arrest. Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency or such
chief legal officer objects to the petition within 30 days
from the date of the notice, the court shall enter an order
granting or denying the petition. The clerk of the court
shall promptly mail a copy of the order to the person, the
arresting agency, the prosecutor, the Department of State
Police and such other criminal justice agencies as may be
ordered by the judge.
(e) Nothing herein shall prevent the Department of State
Police from maintaining all records of any person who is
admitted to probation upon terms and conditions and who
fulfills those terms and conditions pursuant to Section 10 of
the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 12-4.3 of the Criminal
Code of 1961, Section 10-102 of the Illinois Alcoholism and
Other Drug Dependency Act, Section 40-10 of the Alcoholism
and Other Drug Abuse and Dependency Act, or Section 10 of the
Steroid Control Act.
(f) No court order issued pursuant to the expungement
provisions of this Section shall become final for purposes of
appeal until 30 days after notice is received by the
Department. Any court order contrary to the provisions of
this Section is void.
(g) Except as otherwise provided in subsection (c-5) of
this Section, the court shall not order the sealing or
expungement of the arrest records and records of the circuit
court clerk of any person granted supervision for or
convicted of any sexual offense committed against a minor
under 18 years of age. For the purposes of this Section,
"sexual offense committed against a minor" includes but is
not limited to the offenses of indecent solicitation of a
child or criminal sexual abuse when the victim of such
offense is under 18 years of age.
(Source: P.A. 90-590, eff. 1-1-00; 91-295, eff. 1-1-00;
91-357, eff. 7-29-99; revised 12-3-01.)
Section 16. The Department of Veterans Affairs Act is
amended by changing Section 2 as follows:
(20 ILCS 2805/2) (from Ch. 126 1/2, par. 67)
Sec. 2. Powers and duties. The Department shall have
the following powers and duties:
To perform such acts at the request of any veteran, or
his or her spouse, surviving spouse or dependents as shall be
reasonably necessary or reasonably incident to obtaining or
endeavoring to obtain for the requester any advantage,
benefit or emolument accruing or due to such person under any
law of the United States, the State of Illinois or any other
state or governmental agency by reason of the service of such
veteran, and in pursuance thereof shall:
1. Contact veterans, their survivors and dependents
and advise them of the benefits of state and federal laws
and assist them in obtaining such benefits;
2. Establish field offices and direct the
activities of the personnel assigned to such offices;
3. Create a volunteer field force of accredited
representatives, representing educational institutions,
labor organizations, veterans organizations, employers,
churches, and farm organizations;
4. Conduct informational and training services;
5. Conduct educational programs through newspapers,
periodicals and radio for the specific purpose of
disseminating information affecting veterans and their
dependents;
6. Coordinate the services and activities of all
state departments having services and resources affecting
veterans and their dependents;
7. Encourage and assist in the coordination of
agencies within counties giving service to veterans and
their dependents;
8. Cooperate with veterans organizations and other
governmental agencies;
9. Make, alter, amend and promulgate reasonable
rules and procedures for the administration of this Act;
and
10. Make and publish annual reports to the Governor
regarding the administration and general operation of the
Department; and.
11. Encourage the State to implement more programs
to address the wide range of issues faced by Persian Gulf
War Veterans, especially those who took part in combat,
by creating an official commission to further study
Persian Gulf War Diseases. The commission shall consist
of 9 members appointed as follows: the Speaker and
Minority Leader of the House of Representatives and the
President and Minority Leader of the Senate shall each
appoint one member from the General Assembly, the
Governor shall appoint 4 members to represent veterans'
organizations, and the Department shall appoint one
member. The commission members shall serve without
compensation.
The Department may accept and hold on behalf of the
State, if for the public interest, a grant, gift, devise or
bequest of money or property to the Department made for the
general benefit of Illinois veterans, including the conduct
of informational and training services by the Department and
other authorized purposes of the Department. The Department
shall cause each grant, gift, devise or bequest to be kept as
a distinct fund and shall invest such funds in the manner
provided by the Public Funds Investment Act, as now or
hereafter amended, and shall make such reports as may be
required by the Comptroller concerning what funds are so held
and the manner in which such funds are invested. The
Department may make grants from these funds for the general
benefit of Illinois veterans. Grants from these funds,
except for the funds established under Sections 2.01a and
2.03, shall be subject to appropriation.
The Department has the power to make grants, from funds
appropriated from the Korean War Veterans National Museum and
Library Fund, to private organizations for the benefit of the
Korean War Veterans National Museum and Library.
(Source: P.A. 92-198, eff. 8-1-01; revised 9-18-01.)
Section 17. The Illinois Development Finance Authority
Act is amended by changing Section 5 as follows:
(20 ILCS 3505/5) (from Ch. 48, par. 850.05)
Sec. 5. All official acts of the Authority shall require
the approval of at least 9 members. It shall be the duty of
the Authority to promote employment within those areas of the
State duly certified from time to time by the Department of
Commerce and Community Affairs as areas of critical labor
surplus. To this end the Authority shall utilize the powers
herein conferred upon it to assist in the development and
construction or acquisition of industrial projects within
such areas of the State.
The Authority is hereby authorized to utilize its powers
with respect to prospective industrial projects to be located
at any given time within any general areas then currently
certified by the Department of Commerce and Community Affairs
as areas of critical labor surplus. In addition, upon being
requested to utilize its powers with respect to a prospective
industrial project to be located outside of any areas then
currently certified as areas of critical labor surplus, the
Authority may refer such request to the Department of
Commerce and Community Affairs for its determination as to
whether the proposed location is within any specific area of
critical labor surplus not hitherto generally certified. If
the proposed location is certified by the Department as being
within an area of critical labor surplus, the Authority may
similarly utilize its powers with respect to such prospective
industrial project.
In evaluating the eligibility of any prospective
industrial project to be located within any area of critical
labor surplus, the Authority shall consider, (1) the
financial responsibility of the prospective applicant and
user, and (2) the relationship between the amount of funds to
be provided by exercise of powers of the Authority and the
degree to which the project (A) will contribute to creation
or retention of employment, including employment in the
construction industry, (B) will contribute to the economic
development of the area in which the industrial project is
located and (C) will produce goods or services for which
there is a need or demand.
(Source: P.A. 92-212, eff. 8-2-01; revised 12-3-01.)
Section 18. The State Finance Act is amended by setting
forth and renumbering multiple versions of Sections 5.545,
5.546, and 6z-51 as follows:
(30 ILCS 105/5.543)
Sec. 5.543. 5.545. The Energy Infrastructure Fund.
(Source: P.A. 92-12, eff. 7-1-01; revised 10-19-01.)
(30 ILCS 105/5.544)
Sec. 5.544. 5.546. The Energy Efficiency Investment Fund.
(Source: P.A. 92-12, eff. 6-30-01; revised 10-19-01.)
(30 ILCS 105/5.545)
Sec. 5.545. The Digital Divide Elimination Fund.
(Source: P.A. 92-22, eff. 6-30-01.)
(30 ILCS 105/5.546)
Sec. 5.546. The Digital Divide Elimination Infrastructure
Fund.
(Source: P.A. 92-22, eff. 6-30-01.)
(30 ILCS 105/5.547)
Sec. 5.547. 5.545. The Medical Special Purposes Trust
Fund.
(Source: P.A. 92-37, eff. 7-1-01; revised 10-19-01.)
(30 ILCS 105/5.548)
Sec. 5.548. 5.545. The Child Support Administrative
Fund.
(Source: P.A. 92-44, eff. 7-1-01; revised 19-19-01.)
(30 ILCS 105/5.552)
Sec. 5.552. 5.545. The ICCB Adult Education Fund.
(Source: P.A. 92-49, eff. 7-9-01; revised 10-19-01.)
(30 ILCS 105/5.553)
Sec. 5.553. 5.545. The Medicaid Buy-In Program Revolving
Fund.
(Source: P.A. 92-163, eff. 7-25-01; revised 10-19-01.)
(30 ILCS 105/5.554)
Sec. 5.554. 5.545. The Korean War Veterans National
Museum and Library Fund.
(Source: P.A. 92-198, eff. 8-1-01; revised 10-19-01.)
(30 ILCS 105/5.555)
Sec. 5.555. 5.545. The Corporate Headquarters Relocation
Assistance Fund.
(Source: P.A. 92-207, eff. 8-1-01; revised 10-19-01.)
(30 ILCS 105/5.556)
Sec. 5.556. 5.545. The Statewide Economic Development
Fund.
(Source: P.A. 92-208, eff. 8-2-01; revised 10-19-01.)
(30 ILCS 105/5.557)
Sec. 5.557. 5.545. The Real Estate Audit Fund.
(Source: P.A. 92-217, eff. 8-2-01; revised 10-19-01.)
(30 ILCS 105/5.558)
Sec. 5.558. 5.545. The Home Inspector Administration
Fund.
(Source: P.A. 92-239, eff. 8-3-01; revised 10-19-01.)
(30 ILCS 105/5.559)
Sec. 5.559. 5.545. 5.546. The Project Exile Fund.
(Source: P.A. 92-332, eff. 8-10-01; 92-342, eff. 8-10-01;
revised 10-19-01.)
(30 ILCS 105/5.560)
Sec. 5.560. 5.545. The Illinois AgriFIRST Program Fund.
(Source: P.A. 92-346, eff. 8-14-01; revised 10-19-01.)
(30 ILCS 105/5.561)
Sec. 5.561. 5.545. The Secretary of State DUI
Administration Fund.
(Source: P.A. 92-418, eff. 8-17-01; revised 10-19-01.)
(30 ILCS 105/5.562)
Sec. 5.562. 5.545. The Illinois Future Teacher Corps
Scholarship Fund.
(Source: P.A. 92-445, eff. 8-17-01; revised 10-19-01.)
(30 ILCS 105/5.563)
Sec. 5.563. 5.545. The Illinois Animal Abuse Fund.
(Source: P.A. 92-454, eff. 1-1-02; revised 10-19-01.)
(30 ILCS 105/5.564)
Sec. 5.564. 5.545. The Marine Corps Scholarship Fund.
(Source: P.A. 92-467, eff. 1-1-02; revised 10-19-01.)
(30 ILCS 105/5.565)
Sec. 5.565. 5.545. The Chicago and Northeast Illinois
District Council of Carpenters Fund.
(Source: P.A. 92-477, eff. 1-1-02; revised 10-19-01.)
(30 ILCS 105/5.566)
Sec. 5.566. 5.545. The Brownfields Site Restoration
Program Fund. Subsections (b) and (c) of Section 5 of this
Act do not apply to this Fund.
(Source: P.A. 92-486, eff. 1-1-02; revised 10-19-01.)
(30 ILCS 105/5.567)
Sec. 5.567. 5.545. The Secretary of State Police Services
Fund.
(Source: P.A. 92-501, eff. 12-19-01; revised 12-28-01.)
(30 ILCS 105/5.568)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 5.568. 5.545. The Pet Overpopulation Control Fund.
(Source: P.A. 92-520, eff. 6-1-02; revised 1-16-02.)
(30 ILCS 105/6z-51)
Sec. 6z-51. Budget Stabilization Fund.
(a) The Budget Stabilization Fund, a special fund in the
State Treasury, shall consist of moneys appropriated or
transferred to that Fund, as provided in Section 6z-43 and as
otherwise provided by law.
(b) The State Comptroller may direct the State Treasurer
to transfer moneys from the Budget Stabilization Fund to the
General Revenue Fund in order to meet deficits resulting from
timing variations between disbursements and the receipt of
funds within a fiscal year. Any moneys so borrowed shall be
repaid by June 30 of the fiscal year in which they were
borrowed.
(Source: P.A. 92-11, eff. 6-11-01.)
(30 ILCS 105/6z-54)
Sec. 6z-54. 6z-51. The Energy Infrastructure Fund.
(a) The Energy Infrastructure Fund is created as a
special fund in the State treasury.
(b) Money in the Energy Infrastructure Fund shall, if
and when the State of Illinois issues any bonded indebtedness
for financial assistance to new electric generating
facilities, as provided in Section 605-332 of the Department
of Commerce and Community Affairs Law of the Civil
Administrative Code of Illinois, be set aside and used for
the purpose of paying and discharging annually the principal
and interest on that bonded indebtedness then due and
payable, and for no other purpose.
In addition to other transfers to the General Obligation
Bond Retirement and Interest Fund made pursuant to Section 15
of the General Obligation Bond Act, upon each delivery of
bonds issued for financial assistance to new electric
generating facilities under Section 605-332 of the Department
of Commerce and Community Affairs Law of the Civil
Administrative Code of Illinois, the State Comptroller shall
compute and certify to the State Treasurer the total amount
of principal and interest, and premium, if any, on such bonds
during the then current and each succeeding fiscal year. On
or before the last day of each month, the State Treasurer and
the State Comptroller shall transfer from the Energy
Infrastructure Fund to the General Obligation Bond Retirement
and Interest Fund an amount sufficient to pay the aggregate
of the principal of, interest on, and premium, if any, on the
bonds payable on their next payment date, divided by the
number of monthly transfers occurring between the last
previous payment date (or the delivery date if no payment
date has yet occurred) and the next succeeding payment date.
(c) To the extent that moneys in the Energy
Infrastructure Fund, in the opinion of the Governor and the
Director of the Bureau of the Budget, are in excess of 125%
of the maximum debt service in any fiscal year, such surplus
shall, subject to appropriation, be used by the Department of
Commerce and Community Affairs for financial assistance under
other coal development programs administered by the
Department, in accordance with the rules of the Department or
for other State purposes subject to appropriation.
(Source: P.A. 92-12, eff. 7-1-01; revised 10-17-01.)
(30 ILCS 105/6z-55)
Sec. 6z-55. 6z-51. Statewide Economic Development Fund.
(a) The Statewide Economic Development Fund is created as a
special fund in the State treasury. Moneys in the Fund shall
be used, subject to appropriation, for the purpose of
statewide economic development activities.
(Source: P.A. 92-208, eff. 8-2-01; revised 10-17-01.)
Section 19. The State Real Property Leasing Act is
amended by changing Section 1.5 as follows:
(30 ILCS 562/1.5)
Sec. 1.5. Leasing to tax delinquents prohibited. A
State agency shall not lease any real property to a person
who is delinquent in paying any real property taxes on a
leasehold estate under Section 9-195 of the Property Tax
Code. If a State agency receives notice under Section 21-63
of the Property Tax Code that a lessee of property under the
agency's control is delinquent in paying property taxes, the
agency shall notify the lessee that the lessee has 60 days to
pay the delinquent taxes, plus penalties and interest, if
any, or the lease shall be terminated. If the lessee fails
to submit proof to the agency that the lessee has paid the
taxes, penalties, and interest, the agency shall terminate
the lease. A person whose lease was terminated under this
Section is not allowed to lease State-owned real property or
bid on a lease for State-owned real property for a period of
2 years after the termination of the lease.
Within 60 days after the effective date of this Act and
within 60 days after entering into an agreement to lease
State-owned real property, the State agency leasing the
State-owned real property shall notify the county clerk of
the county in which the real property is located of the name
and mailing address of the lessee.
(Source: P.A. 88-676, eff. 12-14-94; revised 12-13-01.)
Section 20. The State Property Control Act is amended by
changing Section 1.02 as follows:
(30 ILCS 605/1.02) (from Ch. 127, par. 133b3)
Sec. 1.02. "Property" means State owned property and
includes all real estate, with the exception of rights of way
for State water resource and highway improvements, traffic
signs and traffic signals, and with the exception of common
school property; and all tangible personal property with the
exception of properties specifically exempted by the
administrator, provided that any property originally
classified as real property which has been detached from its
structure shall be classified as personal property.
"Property" does not include property owned by the
Illinois Medical District Commission and leased or occupied
by others for purposes permitted under the Illinois Medical
District Act. "Property" also does not include property
owned and held by the Illinois Medical District Commission
for redevelopment.
"Property" does not include that property described under
Section 5 of Public Act 92-371 this amendatory Act of the
92nd General Assembly with respect to depositing the net
proceeds from the sale or exchange of the property as
provided in Section 10 of that this amendatory Act of the
92nd General Assembly.
(Source: P.A. 92-371, eff. 8-15-01; revised 10-9-01.)
Section 21. The Downstate Public Transportation Act is
amended by changing Section 2-2.04 as follows:
(30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04)
Sec. 2-2.04. "Eligible operating expenses" means all
expenses required for public transportation, including
employee wages and benefits, materials, fuels, supplies,
rental of facilities, taxes other than income taxes, payment
made for debt service (including principal and interest) on
publicly owned equipment or facilities, and any other
expenditure which is an operating expense according to
standard accounting practices for the providing of public
transportation. Eligible operating expenses shall not include
allowances: (a) for depreciation whether funded or unfunded;
(b) for amortization of any intangible costs; (c) for debt
service on capital acquired with the assistance of capital
grant funds provided by the State of Illinois; (d) for
profits or return on investment; (e) for excessive payment to
associated entities; (f) for Comprehensive Employment
Training Act expenses; (g) for costs reimbursed under
Sections 6 and 8 of the "Urban Mass Transportation Act of
1964", as amended; (h) for entertainment expenses; (i) for
charter expenses; (j) for fines and penalties; (k) for
charitable donations; (l) for interest expense on long term
borrowing and debt retirement other than on publicly owned
equipment or facilities; (m) for income taxes; or (n) for
such other expenses as the Department may determine
consistent with federal Department of Transportation
regulations or requirements.
With respect to participants other than any Metro-East
Transit District participant and those receiving federal
research development and demonstration funds pursuant to
Section 6 of the "Urban Mass Transportation Act of 1964", as
amended, during the fiscal year ending June 30, 1979, the
maximum eligible operating expenses for any such participant
in any fiscal year after Fiscal Year 1980 shall be the amount
appropriated for such participant for the fiscal year ending
June 30, 1980, plus in each year a 10% increase over the
maximum established for the preceding fiscal year. For
Fiscal Year 1980 the maximum eligible operating expenses for
any such participant shall be the amount of projected
operating expenses upon which the appropriation for such
participant for Fiscal Year 1980 is based.
With respect to participants receiving federal research
development and demonstration operating assistance funds for
operating assistance pursuant to Section 6 of the "Urban Mass
Transportation Act of 1964", as amended, during the fiscal
year ending June 30, 1979, the maximum eligible operating
expenses for any such participant in any fiscal year after
Fiscal Year 1980 shall not exceed such participant's eligible
operating expenses for the fiscal year ending June 30, 1980,
plus in each year a 10% increase over the maximum established
for the preceding fiscal year. For Fiscal Year 1980, the
maximum eligible operating expenses for any such participant
shall be the eligible operating expenses incurred during such
fiscal year, or projected operating expenses upon which the
appropriation for such participant for the Fiscal Year 1980
is based; whichever is less.
With respect to all participants other than any
Metro-East Transit District participant, the maximum eligible
operating expenses for any such participant in any fiscal
year after Fiscal Year 1985 shall be the amount appropriated
for such participant for the fiscal year ending June 30,
1985, plus in each year a 10% increase over the maximum
established for the preceding year. For Fiscal Year 1985,
the maximum eligible operating expenses for any such
participant shall be the amount of projected operating
expenses upon which the appropriation for such participant
for Fiscal Year 1985 is based.
With respect to any mass transit district participant
that has increased its district boundaries by annexing
counties since 1998 and is maintaining a level of local
financial support, including all income and revenues, equal
to or greater than the level in the State fiscal year ending
June 30, 2001, the maximum eligible operating expenses for
any State fiscal year after 2002 shall be the amount
appropriated for that participant for the State fiscal year
ending June 30, 2002, plus, in each State fiscal year, a 10%
increase over the preceding State fiscal year. For State
fiscal year 2002, the maximum eligible operating expenses for
any such participant shall be the amount of projected
operating expenses upon which the appropriation for that
participant for State fiscal year 2002 is based. For that
participant, eligible operating expenses for State fiscal
year 2002 in excess of the eligible operating expenses for
the State fiscal year ending June 30, 2001, plus 10%, must
be attributed to the provision of services in the newly
annexed counties.
With respect to a participant that receives an initial
appropriation in State fiscal year 2002, the maximum eligible
operating expenses for any State fiscal year after 2003 shall
be the amount appropriated for that participant for the State
fiscal year ending June 30, 2003, plus, in each year, a 10%
increase over the preceding year. For State fiscal year
2003, the maximum eligible operating expenses for any such
participant shall be the amount of projected operating
expenses upon which the appropriation for that participant
for State fiscal year 2003 is based. , or Fiscal Year 2002
(Source: P.A. 92-258, eff. 8-7-01; 92-464, eff. 8-22-01;
revised 10-15-01.)
Section 22. The State Mandates Act is amended by
changing Sections 8.24 and 8.25 as follows:
(30 ILCS 805/8.24)
Sec. 8.24. 8.25. Exempt mandate. Notwithstanding
Sections 6 and 8 of this Act, no reimbursement by the State
is required for the implementation of any mandate created by
Public Act 91-699, 91-722, 91-834, 91-852, 91-870, 91-885,
91-887, or 91-897, 91-939, or 91-954. this amendatory Act of
the 91st General Assembly.
(Source: P.A. 91-699, eff. 1-1-01; 91-722, eff. 6-2-00;
91-834, eff. 1-1-01; 91-852, eff. 6-22-00; 91-870, eff.
6-22-00; 91-885, eff. 7-6-00; 91-887, eff. 7-6-00; 91-897,
eff. 7-6-00; 91-939, eff. 2-1-01; 91-954, eff. 1-1-02; 92-16,
eff. 6-28-01; revised 7-23-01.)
(30 ILCS 805/8.25)
Sec. 8.25. Exempt mandate. Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is required
for the implementation of any mandate created by Public Act
92-36, 92-50, 92-52, 92-53, 92-166, 92-281, 92-382, 92-388,
92-416, 92-424, or 92-465. this amendatory Act of the 92nd
General Assembly.
(Source: P.A. 92-36, eff. 6-28-01; 92-50, eff. 7-12-01;
92-52, eff. 7-12-01; 92-53, eff. 7-12-01; 92-166, eff.
1-1-02; 92-281, eff. 8-7-01; 92-382, eff. 8-16-01; 92-388,
eff. 1-1-02; 92-416, eff. 8-17-01; 92-424, eff. 8-17-01;
92-465, eff. 1-1-02; revised 10-17-01.)
Section 23. The Illinois Income Tax Act is amended by
changing Sections 201, 203, 509, and 510 and setting forth
and renumbering multiple versions of Section 507V as follows:
(35 ILCS 5/201) (from Ch. 120, par. 2-201)
Sec. 201. Tax Imposed.
(a) In general. A tax measured by net income is hereby
imposed on every individual, corporation, trust and estate
for each taxable year ending after July 31, 1969 on the
privilege of earning or receiving income in or as a resident
of this State. Such tax shall be in addition to all other
occupation or privilege taxes imposed by this State or by any
municipal corporation or political subdivision thereof.
(b) Rates. The tax imposed by subsection (a) of this
Section shall be determined as follows, except as adjusted by
subsection (d-1):
(1) In the case of an individual, trust or estate,
for taxable years ending prior to July 1, 1989, an amount
equal to 2 1/2% of the taxpayer's net income for the
taxable year.
(2) In the case of an individual, trust or estate,
for taxable years beginning prior to July 1, 1989 and
ending after June 30, 1989, an amount equal to the sum of
(i) 2 1/2% of the taxpayer's net income for the period
prior to July 1, 1989, as calculated under Section 202.3,
and (ii) 3% of the taxpayer's net income for the period
after June 30, 1989, as calculated under Section 202.3.
(3) In the case of an individual, trust or estate,
for taxable years beginning after June 30, 1989, an
amount equal to 3% of the taxpayer's net income for the
taxable year.
(4) (Blank).
(5) (Blank).
(6) In the case of a corporation, for taxable years
ending prior to July 1, 1989, an amount equal to 4% of
the taxpayer's net income for the taxable year.
(7) In the case of a corporation, for taxable years
beginning prior to July 1, 1989 and ending after June 30,
1989, an amount equal to the sum of (i) 4% of the
taxpayer's net income for the period prior to July 1,
1989, as calculated under Section 202.3, and (ii) 4.8% of
the taxpayer's net income for the period after June 30,
1989, as calculated under Section 202.3.
(8) In the case of a corporation, for taxable years
beginning after June 30, 1989, an amount equal to 4.8% of
the taxpayer's net income for the taxable year.
(c) Personal Property Tax Replacement Income Tax.
Beginning on July 1, 1979 and thereafter, in addition to such
income tax, there is also hereby imposed the Personal
Property Tax Replacement Income Tax measured by net income on
every corporation (including Subchapter S corporations),
partnership and trust, for each taxable year ending after
June 30, 1979. Such taxes are imposed on the privilege of
earning or receiving income in or as a resident of this
State. The Personal Property Tax Replacement Income Tax
shall be in addition to the income tax imposed by subsections
(a) and (b) of this Section and in addition to all other
occupation or privilege taxes imposed by this State or by any
municipal corporation or political subdivision thereof.
(d) Additional Personal Property Tax Replacement Income
Tax Rates. The personal property tax replacement income tax
imposed by this subsection and subsection (c) of this Section
in the case of a corporation, other than a Subchapter S
corporation and except as adjusted by subsection (d-1), shall
be an additional amount equal to 2.85% of such taxpayer's net
income for the taxable year, except that beginning on January
1, 1981, and thereafter, the rate of 2.85% specified in this
subsection shall be reduced to 2.5%, and in the case of a
partnership, trust or a Subchapter S corporation shall be an
additional amount equal to 1.5% of such taxpayer's net income
for the taxable year.
(d-1) Rate reduction for certain foreign insurers. In
the case of a foreign insurer, as defined by Section 35A-5 of
the Illinois Insurance Code, whose state or country of
domicile imposes on insurers domiciled in Illinois a
retaliatory tax (excluding any insurer whose premiums from
reinsurance assumed are 50% or more of its total insurance
premiums as determined under paragraph (2) of subsection (b)
of Section 304, except that for purposes of this
determination premiums from reinsurance do not include
premiums from inter-affiliate reinsurance arrangements),
beginning with taxable years ending on or after December 31,
1999, the sum of the rates of tax imposed by subsections (b)
and (d) shall be reduced (but not increased) to the rate at
which the total amount of tax imposed under this Act, net of
all credits allowed under this Act, shall equal (i) the total
amount of tax that would be imposed on the foreign insurer's
net income allocable to Illinois for the taxable year by such
foreign insurer's state or country of domicile if that net
income were subject to all income taxes and taxes measured by
net income imposed by such foreign insurer's state or country
of domicile, net of all credits allowed or (ii) a rate of
zero if no such tax is imposed on such income by the foreign
insurer's state of domicile. For the purposes of this
subsection (d-1), an inter-affiliate includes a mutual
insurer under common management.
(1) For the purposes of subsection (d-1), in no
event shall the sum of the rates of tax imposed by
subsections (b) and (d) be reduced below the rate at
which the sum of:
(A) the total amount of tax imposed on such
foreign insurer under this Act for a taxable year,
net of all credits allowed under this Act, plus
(B) the privilege tax imposed by Section 409
of the Illinois Insurance Code, the fire insurance
company tax imposed by Section 12 of the Fire
Investigation Act, and the fire department taxes
imposed under Section 11-10-1 of the Illinois
Municipal Code,
equals 1.25% of the net taxable premiums written for the
taxable year, as described by subsection (1) of Section
409 of the Illinois Insurance Code. This paragraph will
in no event increase the rates imposed under subsections
(b) and (d).
(2) Any reduction in the rates of tax imposed by
this subsection shall be applied first against the rates
imposed by subsection (b) and only after the tax imposed
by subsection (a) net of all credits allowed under this
Section other than the credit allowed under subsection
(i) has been reduced to zero, against the rates imposed
by subsection (d).
This subsection (d-1) is exempt from the provisions of
Section 250.
(e) Investment credit. A taxpayer shall be allowed a
credit against the Personal Property Tax Replacement Income
Tax for investment in qualified property.
(1) A taxpayer shall be allowed a credit equal to
.5% of the basis of qualified property placed in service
during the taxable year, provided such property is placed
in service on or after July 1, 1984. There shall be
allowed an additional credit equal to .5% of the basis of
qualified property placed in service during the taxable
year, provided such property is placed in service on or
after July 1, 1986, and the taxpayer's base employment
within Illinois has increased by 1% or more over the
preceding year as determined by the taxpayer's employment
records filed with the Illinois Department of Employment
Security. Taxpayers who are new to Illinois shall be
deemed to have met the 1% growth in base employment for
the first year in which they file employment records with
the Illinois Department of Employment Security. The
provisions added to this Section by Public Act 85-1200
(and restored by Public Act 87-895) shall be construed as
declaratory of existing law and not as a new enactment.
If, in any year, the increase in base employment within
Illinois over the preceding year is less than 1%, the
additional credit shall be limited to that percentage
times a fraction, the numerator of which is .5% and the
denominator of which is 1%, but shall not exceed .5%.
The investment credit shall not be allowed to the extent
that it would reduce a taxpayer's liability in any tax
year below zero, nor may any credit for qualified
property be allowed for any year other than the year in
which the property was placed in service in Illinois. For
tax years ending on or after December 31, 1987, and on or
before December 31, 1988, the credit shall be allowed for
the tax year in which the property is placed in service,
or, if the amount of the credit exceeds the tax liability
for that year, whether it exceeds the original liability
or the liability as later amended, such excess may be
carried forward and applied to the tax liability of the 5
taxable years following the excess credit years if the
taxpayer (i) makes investments which cause the creation
of a minimum of 2,000 full-time equivalent jobs in
Illinois, (ii) is located in an enterprise zone
established pursuant to the Illinois Enterprise Zone Act
and (iii) is certified by the Department of Commerce and
Community Affairs as complying with the requirements
specified in clause (i) and (ii) by July 1, 1986. The
Department of Commerce and Community Affairs shall notify
the Department of Revenue of all such certifications
immediately. For tax years ending after December 31,
1988, the credit shall be allowed for the tax year in
which the property is placed in service, or, if the
amount of the credit exceeds the tax liability for that
year, whether it exceeds the original liability or the
liability as later amended, such excess may be carried
forward and applied to the tax liability of the 5 taxable
years following the excess credit years. The credit shall
be applied to the earliest year for which there is a
liability. If there is credit from more than one tax year
that is available to offset a liability, earlier credit
shall be applied first.
(2) The term "qualified property" means property
which:
(A) is tangible, whether new or used,
including buildings and structural components of
buildings and signs that are real property, but not
including land or improvements to real property that
are not a structural component of a building such as
landscaping, sewer lines, local access roads,
fencing, parking lots, and other appurtenances;
(B) is depreciable pursuant to Section 167 of
the Internal Revenue Code, except that "3-year
property" as defined in Section 168(c)(2)(A) of that
Code is not eligible for the credit provided by this
subsection (e);
(C) is acquired by purchase as defined in
Section 179(d) of the Internal Revenue Code;
(D) is used in Illinois by a taxpayer who is
primarily engaged in manufacturing, or in mining
coal or fluorite, or in retailing; and
(E) has not previously been used in Illinois
in such a manner and by such a person as would
qualify for the credit provided by this subsection
(e) or subsection (f).
(3) For purposes of this subsection (e),
"manufacturing" means the material staging and production
of tangible personal property by procedures commonly
regarded as manufacturing, processing, fabrication, or
assembling which changes some existing material into new
shapes, new qualities, or new combinations. For purposes
of this subsection (e) the term "mining" shall have the
same meaning as the term "mining" in Section 613(c) of
the Internal Revenue Code. For purposes of this
subsection (e), the term "retailing" means the sale of
tangible personal property or services rendered in
conjunction with the sale of tangible consumer goods or
commodities.
(4) The basis of qualified property shall be the
basis used to compute the depreciation deduction for
federal income tax purposes.
(5) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in Illinois by the taxpayer, the amount
of such increase shall be deemed property placed in
service on the date of such increase in basis.
(6) The term "placed in service" shall have the
same meaning as under Section 46 of the Internal Revenue
Code.
(7) If during any taxable year, any property ceases
to be qualified property in the hands of the taxpayer
within 48 months after being placed in service, or the
situs of any qualified property is moved outside Illinois
within 48 months after being placed in service, the
Personal Property Tax Replacement Income Tax for such
taxable year shall be increased. Such increase shall be
determined by (i) recomputing the investment credit which
would have been allowed for the year in which credit for
such property was originally allowed by eliminating such
property from such computation and, (ii) subtracting such
recomputed credit from the amount of credit previously
allowed. For the purposes of this paragraph (7), a
reduction of the basis of qualified property resulting
from a redetermination of the purchase price shall be
deemed a disposition of qualified property to the extent
of such reduction.
(8) Unless the investment credit is extended by
law, the basis of qualified property shall not include
costs incurred after December 31, 2003, except for costs
incurred pursuant to a binding contract entered into on
or before December 31, 2003.
(9) Each taxable year ending before December 31,
2000, a partnership may elect to pass through to its
partners the credits to which the partnership is entitled
under this subsection (e) for the taxable year. A
partner may use the credit allocated to him or her under
this paragraph only against the tax imposed in
subsections (c) and (d) of this Section. If the
partnership makes that election, those credits shall be
allocated among the partners in the partnership in
accordance with the rules set forth in Section 704(b) of
the Internal Revenue Code, and the rules promulgated
under that Section, and the allocated amount of the
credits shall be allowed to the partners for that taxable
year. The partnership shall make this election on its
Personal Property Tax Replacement Income Tax return for
that taxable year. The election to pass through the
credits shall be irrevocable.
For taxable years ending on or after December 31,
2000, a partner that qualifies its partnership for a
subtraction under subparagraph (I) of paragraph (2) of
subsection (d) of Section 203 or a shareholder that
qualifies a Subchapter S corporation for a subtraction
under subparagraph (S) of paragraph (2) of subsection (b)
of Section 203 shall be allowed a credit under this
subsection (e) equal to its share of the credit earned
under this subsection (e) during the taxable year by the
partnership or Subchapter S corporation, determined in
accordance with the determination of income and
distributive share of income under Sections 702 and 704
and Subchapter S of the Internal Revenue Code. This
paragraph is exempt from the provisions of Section 250.
(f) Investment credit; Enterprise Zone.
(1) A taxpayer shall be allowed a credit against
the tax imposed by subsections (a) and (b) of this
Section for investment in qualified property which is
placed in service in an Enterprise Zone created pursuant
to the Illinois Enterprise Zone Act. For partners,
shareholders of Subchapter S corporations, and owners of
limited liability companies, if the liability company is
treated as a partnership for purposes of federal and
State income taxation, there shall be allowed a credit
under this subsection (f) to be determined in accordance
with the determination of income and distributive share
of income under Sections 702 and 704 and Subchapter S of
the Internal Revenue Code. The credit shall be .5% of
the basis for such property. The credit shall be
available only in the taxable year in which the property
is placed in service in the Enterprise Zone and shall not
be allowed to the extent that it would reduce a
taxpayer's liability for the tax imposed by subsections
(a) and (b) of this Section to below zero. For tax years
ending on or after December 31, 1985, the credit shall be
allowed for the tax year in which the property is placed
in service, or, if the amount of the credit exceeds the
tax liability for that year, whether it exceeds the
original liability or the liability as later amended,
such excess may be carried forward and applied to the tax
liability of the 5 taxable years following the excess
credit year. The credit shall be applied to the earliest
year for which there is a liability. If there is credit
from more than one tax year that is available to offset a
liability, the credit accruing first in time shall be
applied first.
(2) The term qualified property means property
which:
(A) is tangible, whether new or used,
including buildings and structural components of
buildings;
(B) is depreciable pursuant to Section 167 of
the Internal Revenue Code, except that "3-year
property" as defined in Section 168(c)(2)(A) of that
Code is not eligible for the credit provided by this
subsection (f);
(C) is acquired by purchase as defined in
Section 179(d) of the Internal Revenue Code;
(D) is used in the Enterprise Zone by the
taxpayer; and
(E) has not been previously used in Illinois
in such a manner and by such a person as would
qualify for the credit provided by this subsection
(f) or subsection (e).
(3) The basis of qualified property shall be the
basis used to compute the depreciation deduction for
federal income tax purposes.
(4) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in the Enterprise Zone by the taxpayer,
the amount of such increase shall be deemed property
placed in service on the date of such increase in basis.
(5) The term "placed in service" shall have the
same meaning as under Section 46 of the Internal Revenue
Code.
(6) If during any taxable year, any property ceases
to be qualified property in the hands of the taxpayer
within 48 months after being placed in service, or the
situs of any qualified property is moved outside the
Enterprise Zone within 48 months after being placed in
service, the tax imposed under subsections (a) and (b) of
this Section for such taxable year shall be increased.
Such increase shall be determined by (i) recomputing the
investment credit which would have been allowed for the
year in which credit for such property was originally
allowed by eliminating such property from such
computation, and (ii) subtracting such recomputed credit
from the amount of credit previously allowed. For the
purposes of this paragraph (6), a reduction of the basis
of qualified property resulting from a redetermination of
the purchase price shall be deemed a disposition of
qualified property to the extent of such reduction.
(g) Jobs Tax Credit; Enterprise Zone and Foreign Trade
Zone or Sub-Zone.
(1) A taxpayer conducting a trade or business in an
enterprise zone or a High Impact Business designated by
the Department of Commerce and Community Affairs
conducting a trade or business in a federally designated
Foreign Trade Zone or Sub-Zone shall be allowed a credit
against the tax imposed by subsections (a) and (b) of
this Section in the amount of $500 per eligible employee
hired to work in the zone during the taxable year.
(2) To qualify for the credit:
(A) the taxpayer must hire 5 or more eligible
employees to work in an enterprise zone or federally
designated Foreign Trade Zone or Sub-Zone during the
taxable year;
(B) the taxpayer's total employment within the
enterprise zone or federally designated Foreign
Trade Zone or Sub-Zone must increase by 5 or more
full-time employees beyond the total employed in
that zone at the end of the previous tax year for
which a jobs tax credit under this Section was
taken, or beyond the total employed by the taxpayer
as of December 31, 1985, whichever is later; and
(C) the eligible employees must be employed
180 consecutive days in order to be deemed hired for
purposes of this subsection.
(3) An "eligible employee" means an employee who
is:
(A) Certified by the Department of Commerce
and Community Affairs as "eligible for services"
pursuant to regulations promulgated in accordance
with Title II of the Job Training Partnership Act,
Training Services for the Disadvantaged or Title III
of the Job Training Partnership Act, Employment and
Training Assistance for Dislocated Workers Program.
(B) Hired after the enterprise zone or
federally designated Foreign Trade Zone or Sub-Zone
was designated or the trade or business was located
in that zone, whichever is later.
(C) Employed in the enterprise zone or Foreign
Trade Zone or Sub-Zone. An employee is employed in
an enterprise zone or federally designated Foreign
Trade Zone or Sub-Zone if his services are rendered
there or it is the base of operations for the
services performed.
(D) A full-time employee working 30 or more
hours per week.
(4) For tax years ending on or after December 31,
1985 and prior to December 31, 1988, the credit shall be
allowed for the tax year in which the eligible employees
are hired. For tax years ending on or after December 31,
1988, the credit shall be allowed for the tax year
immediately following the tax year in which the eligible
employees are hired. If the amount of the credit exceeds
the tax liability for that year, whether it exceeds the
original liability or the liability as later amended,
such excess may be carried forward and applied to the tax
liability of the 5 taxable years following the excess
credit year. The credit shall be applied to the earliest
year for which there is a liability. If there is credit
from more than one tax year that is available to offset a
liability, earlier credit shall be applied first.
(5) The Department of Revenue shall promulgate such
rules and regulations as may be deemed necessary to carry
out the purposes of this subsection (g).
(6) The credit shall be available for eligible
employees hired on or after January 1, 1986.
(h) Investment credit; High Impact Business.
(1) Subject to subsections (b) and (b-5) of Section
5.5 of the Illinois Enterprise Zone Act, a taxpayer shall
be allowed a credit against the tax imposed by
subsections (a) and (b) of this Section for investment in
qualified property which is placed in service by a
Department of Commerce and Community Affairs designated
High Impact Business. The credit shall be .5% of the
basis for such property. The credit shall not be
available (i) until the minimum investments in qualified
property set forth in subdivision (a)(3)(A) of Section
5.5 of the Illinois Enterprise Zone Act have been
satisfied or (ii) until the time authorized in subsection
(b-5) of the Illinois Enterprise Zone Act for entities
designated as High Impact Businesses under subdivisions
(a)(3)(B), (a)(3)(C), and (a)(3)(D) of Section 5.5 of the
Illinois Enterprise Zone Act, and shall not be allowed to
the extent that it would reduce a taxpayer's liability
for the tax imposed by subsections (a) and (b) of this
Section to below zero. The credit applicable to such
investments shall be taken in the taxable year in which
such investments have been completed. The credit for
additional investments beyond the minimum investment by a
designated high impact business authorized under
subdivision (a)(3)(A) of Section 5.5 of the Illinois
Enterprise Zone Act shall be available only in the
taxable year in which the property is placed in service
and shall not be allowed to the extent that it would
reduce a taxpayer's liability for the tax imposed by
subsections (a) and (b) of this Section to below zero.
For tax years ending on or after December 31, 1987, the
credit shall be allowed for the tax year in which the
property is placed in service, or, if the amount of the
credit exceeds the tax liability for that year, whether
it exceeds the original liability or the liability as
later amended, such excess may be carried forward and
applied to the tax liability of the 5 taxable years
following the excess credit year. The credit shall be
applied to the earliest year for which there is a
liability. If there is credit from more than one tax
year that is available to offset a liability, the credit
accruing first in time shall be applied first.
Changes made in this subdivision (h)(1) by Public
Act 88-670 restore changes made by Public Act 85-1182 and
reflect existing law.
(2) The term qualified property means property
which:
(A) is tangible, whether new or used,
including buildings and structural components of
buildings;
(B) is depreciable pursuant to Section 167 of
the Internal Revenue Code, except that "3-year
property" as defined in Section 168(c)(2)(A) of that
Code is not eligible for the credit provided by this
subsection (h);
(C) is acquired by purchase as defined in
Section 179(d) of the Internal Revenue Code; and
(D) is not eligible for the Enterprise Zone
Investment Credit provided by subsection (f) of this
Section.
(3) The basis of qualified property shall be the
basis used to compute the depreciation deduction for
federal income tax purposes.
(4) If the basis of the property for federal income
tax depreciation purposes is increased after it has been
placed in service in a federally designated Foreign Trade
Zone or Sub-Zone located in Illinois by the taxpayer, the
amount of such increase shall be deemed property placed
in service on the date of such increase in basis.
(5) The term "placed in service" shall have the
same meaning as under Section 46 of the Internal Revenue
Code.
(6) If during any taxable year ending on or before
December 31, 1996, any property ceases to be qualified
property in the hands of the taxpayer within 48 months
after being placed in service, or the situs of any
qualified property is moved outside Illinois within 48
months after being placed in service, the tax imposed
under subsections (a) and (b) of this Section for such
taxable year shall be increased. Such increase shall be
determined by (i) recomputing the investment credit which
would have been allowed for the year in which credit for
such property was originally allowed by eliminating such
property from such computation, and (ii) subtracting such
recomputed credit from the amount of credit previously
allowed. For the purposes of this paragraph (6), a
reduction of the basis of qualified property resulting
from a redetermination of the purchase price shall be
deemed a disposition of qualified property to the extent
of such reduction.
(7) Beginning with tax years ending after December
31, 1996, if a taxpayer qualifies for the credit under
this subsection (h) and thereby is granted a tax
abatement and the taxpayer relocates its entire facility
in violation of the explicit terms and length of the
contract under Section 18-183 of the Property Tax Code,
the tax imposed under subsections (a) and (b) of this
Section shall be increased for the taxable year in which
the taxpayer relocated its facility by an amount equal to
the amount of credit received by the taxpayer under this
subsection (h).
(i) Credit for Personal Property Tax Replacement Income
Tax. A credit shall be allowed against the tax imposed by
subsections (a) and (b) of this Section for the tax imposed
by subsections (c) and (d) of this Section. This credit
shall be computed by multiplying the tax imposed by
subsections (c) and (d) of this Section by a fraction, the
numerator of which is base income allocable to Illinois and
the denominator of which is Illinois base income, and further
multiplying the product by the tax rate imposed by
subsections (a) and (b) of this Section.
Any credit earned on or after December 31, 1986 under
this subsection which is unused in the year the credit is
computed because it exceeds the tax liability imposed by
subsections (a) and (b) for that year (whether it exceeds the
original liability or the liability as later amended) may be
carried forward and applied to the tax liability imposed by
subsections (a) and (b) of the 5 taxable years following the
excess credit year. This credit shall be applied first to
the earliest year for which there is a liability. If there
is a credit under this subsection from more than one tax year
that is available to offset a liability the earliest credit
arising under this subsection shall be applied first.
If, during any taxable year ending on or after December
31, 1986, the tax imposed by subsections (c) and (d) of this
Section for which a taxpayer has claimed a credit under this
subsection (i) is reduced, the amount of credit for such tax
shall also be reduced. Such reduction shall be determined by
recomputing the credit to take into account the reduced tax
imposed by subsections subsection (c) and (d). If any
portion of the reduced amount of credit has been carried to a
different taxable year, an amended return shall be filed for
such taxable year to reduce the amount of credit claimed.
(j) Training expense credit. Beginning with tax years
ending on or after December 31, 1986, a taxpayer shall be
allowed a credit against the tax imposed by subsections
subsection (a) and (b) under this Section for all amounts
paid or accrued, on behalf of all persons employed by the
taxpayer in Illinois or Illinois residents employed outside
of Illinois by a taxpayer, for educational or vocational
training in semi-technical or technical fields or
semi-skilled or skilled fields, which were deducted from
gross income in the computation of taxable income. The
credit against the tax imposed by subsections (a) and (b)
shall be 1.6% of such training expenses. For partners,
shareholders of subchapter S corporations, and owners of
limited liability companies, if the liability company is
treated as a partnership for purposes of federal and State
income taxation, there shall be allowed a credit under this
subsection (j) to be determined in accordance with the
determination of income and distributive share of income
under Sections 702 and 704 and subchapter S of the Internal
Revenue Code.
Any credit allowed under this subsection which is unused
in the year the credit is earned may be carried forward to
each of the 5 taxable years following the year for which the
credit is first computed until it is used. This credit shall
be applied first to the earliest year for which there is a
liability. If there is a credit under this subsection from
more than one tax year that is available to offset a
liability the earliest credit arising under this subsection
shall be applied first.
(k) Research and development credit.
Beginning with tax years ending after July 1, 1990, a
taxpayer shall be allowed a credit against the tax imposed by
subsections (a) and (b) of this Section for increasing
research activities in this State. The credit allowed
against the tax imposed by subsections (a) and (b) shall be
equal to 6 1/2% of the qualifying expenditures for increasing
research activities in this State. For partners,
shareholders of subchapter S corporations, and owners of
limited liability companies, if the liability company is
treated as a partnership for purposes of federal and State
income taxation, there shall be allowed a credit under this
subsection to be determined in accordance with the
determination of income and distributive share of income
under Sections 702 and 704 and subchapter S of the Internal
Revenue Code.
For purposes of this subsection, "qualifying
expenditures" means the qualifying expenditures as defined
for the federal credit for increasing research activities
which would be allowable under Section 41 of the Internal
Revenue Code and which are conducted in this State,
"qualifying expenditures for increasing research activities
in this State" means the excess of qualifying expenditures
for the taxable year in which incurred over qualifying
expenditures for the base period, "qualifying expenditures
for the base period" means the average of the qualifying
expenditures for each year in the base period, and "base
period" means the 3 taxable years immediately preceding the
taxable year for which the determination is being made.
Any credit in excess of the tax liability for the taxable
year may be carried forward. A taxpayer may elect to have the
unused credit shown on its final completed return carried
over as a credit against the tax liability for the following
5 taxable years or until it has been fully used, whichever
occurs first.
If an unused credit is carried forward to a given year
from 2 or more earlier years, that credit arising in the
earliest year will be applied first against the tax liability
for the given year. If a tax liability for the given year
still remains, the credit from the next earliest year will
then be applied, and so on, until all credits have been used
or no tax liability for the given year remains. Any
remaining unused credit or credits then will be carried
forward to the next following year in which a tax liability
is incurred, except that no credit can be carried forward to
a year which is more than 5 years after the year in which the
expense for which the credit is given was incurred.
Unless extended by law, the credit shall not include
costs incurred after December 31, 2004, except for costs
incurred pursuant to a binding contract entered into on or
before December 31, 2004.
No inference shall be drawn from this amendatory Act of
the 91st General Assembly in construing this Section for
taxable years beginning before January 1, 1999.
(l) Environmental Remediation Tax Credit.
(i) For tax years ending after December 31, 1997
and on or before December 31, 2001, a taxpayer shall be
allowed a credit against the tax imposed by subsections
(a) and (b) of this Section for certain amounts paid for
unreimbursed eligible remediation costs, as specified in
this subsection. For purposes of this Section,
"unreimbursed eligible remediation costs" means costs
approved by the Illinois Environmental Protection Agency
("Agency") under Section 58.14 of the Environmental
Protection Act that were paid in performing environmental
remediation at a site for which a No Further Remediation
Letter was issued by the Agency and recorded under
Section 58.10 of the Environmental Protection Act. The
credit must be claimed for the taxable year in which
Agency approval of the eligible remediation costs is
granted. The credit is not available to any taxpayer if
the taxpayer or any related party caused or contributed
to, in any material respect, a release of regulated
substances on, in, or under the site that was identified
and addressed by the remedial action pursuant to the Site
Remediation Program of the Environmental Protection Act.
After the Pollution Control Board rules are adopted
pursuant to the Illinois Administrative Procedure Act for
the administration and enforcement of Section 58.9 of the
Environmental Protection Act, determinations as to credit
availability for purposes of this Section shall be made
consistent with those rules. For purposes of this
Section, "taxpayer" includes a person whose tax
attributes the taxpayer has succeeded to under Section
381 of the Internal Revenue Code and "related party"
includes the persons disallowed a deduction for losses by
paragraphs (b), (c), and (f)(1) of Section 267 of the
Internal Revenue Code by virtue of being a related
taxpayer, as well as any of its partners. The credit
allowed against the tax imposed by subsections (a) and
(b) shall be equal to 25% of the unreimbursed eligible
remediation costs in excess of $100,000 per site, except
that the $100,000 threshold shall not apply to any site
contained in an enterprise zone as determined by the
Department of Commerce and Community Affairs. The total
credit allowed shall not exceed $40,000 per year with a
maximum total of $150,000 per site. For partners and
shareholders of subchapter S corporations, there shall be
allowed a credit under this subsection to be determined
in accordance with the determination of income and
distributive share of income under Sections 702 and 704
and subchapter S of the Internal Revenue Code.
(ii) A credit allowed under this subsection that is
unused in the year the credit is earned may be carried
forward to each of the 5 taxable years following the year
for which the credit is first earned until it is used.
The term "unused credit" does not include any amounts of
unreimbursed eligible remediation costs in excess of the
maximum credit per site authorized under paragraph (i).
This credit shall be applied first to the earliest year
for which there is a liability. If there is a credit
under this subsection from more than one tax year that is
available to offset a liability, the earliest credit
arising under this subsection shall be applied first. A
credit allowed under this subsection may be sold to a
buyer as part of a sale of all or part of the remediation
site for which the credit was granted. The purchaser of
a remediation site and the tax credit shall succeed to
the unused credit and remaining carry-forward period of
the seller. To perfect the transfer, the assignor shall
record the transfer in the chain of title for the site
and provide written notice to the Director of the
Illinois Department of Revenue of the assignor's intent
to sell the remediation site and the amount of the tax
credit to be transferred as a portion of the sale. In no
event may a credit be transferred to any taxpayer if the
taxpayer or a related party would not be eligible under
the provisions of subsection (i).
(iii) For purposes of this Section, the term "site"
shall have the same meaning as under Section 58.2 of the
Environmental Protection Act.
(m) Education expense credit.
Beginning with tax years ending after December 31, 1999,
a taxpayer who is the custodian of one or more qualifying
pupils shall be allowed a credit against the tax imposed by
subsections (a) and (b) of this Section for qualified
education expenses incurred on behalf of the qualifying
pupils. The credit shall be equal to 25% of qualified
education expenses, but in no event may the total credit
under this Section claimed by a family that is the custodian
of qualifying pupils exceed $500. In no event shall a credit
under this subsection reduce the taxpayer's liability under
this Act to less than zero. This subsection is exempt from
the provisions of Section 250 of this Act.
For purposes of this subsection:;
"Qualifying pupils" means individuals who (i) are
residents of the State of Illinois, (ii) are under the age of
21 at the close of the school year for which a credit is
sought, and (iii) during the school year for which a credit
is sought were full-time pupils enrolled in a kindergarten
through twelfth grade education program at any school, as
defined in this subsection.
"Qualified education expense" means the amount incurred
on behalf of a qualifying pupil in excess of $250 for
tuition, book fees, and lab fees at the school in which the
pupil is enrolled during the regular school year.
"School" means any public or nonpublic elementary or
secondary school in Illinois that is in compliance with Title
VI of the Civil Rights Act of 1964 and attendance at which
satisfies the requirements of Section 26-1 of the School
Code, except that nothing shall be construed to require a
child to attend any particular public or nonpublic school to
qualify for the credit under this Section.
"Custodian" means, with respect to qualifying pupils, an
Illinois resident who is a parent, the parents, a legal
guardian, or the legal guardians of the qualifying pupils.
(Source: P.A. 91-9, eff. 1-1-00; 91-357, eff. 7-29-99;
91-643, eff. 8-20-99; 91-644, eff. 8-20-99; 91-860, eff.
6-22-00; 91-913, eff. 1-1-01; 92-12, eff. 7-1-01; 92-16, eff.
6-28-01; revised 12-3-01.)
(35 ILCS 5/203) (from Ch. 120, par. 2-203)
Sec. 203. Base income defined.
(a) Individuals.
(1) In general. In the case of an individual, base
income means an amount equal to the taxpayer's adjusted
gross income for the taxable year as modified by
paragraph (2).
(2) Modifications. The adjusted gross income
referred to in paragraph (1) shall be modified by adding
thereto the sum of the following amounts:
(A) An amount equal to all amounts paid or
accrued to the taxpayer as interest or dividends
during the taxable year to the extent excluded from
gross income in the computation of adjusted gross
income, except stock dividends of qualified public
utilities described in Section 305(e) of the
Internal Revenue Code;
(B) An amount equal to the amount of tax
imposed by this Act to the extent deducted from
gross income in the computation of adjusted gross
income for the taxable year;
(C) An amount equal to the amount received
during the taxable year as a recovery or refund of
real property taxes paid with respect to the
taxpayer's principal residence under the Revenue Act
of 1939 and for which a deduction was previously
taken under subparagraph (L) of this paragraph (2)
prior to July 1, 1991, the retrospective application
date of Article 4 of Public Act 87-17. In the case
of multi-unit or multi-use structures and farm
dwellings, the taxes on the taxpayer's principal
residence shall be that portion of the total taxes
for the entire property which is attributable to
such principal residence;
(D) An amount equal to the amount of the
capital gain deduction allowable under the Internal
Revenue Code, to the extent deducted from gross
income in the computation of adjusted gross income;
(D-5) An amount, to the extent not included in
adjusted gross income, equal to the amount of money
withdrawn by the taxpayer in the taxable year from a
medical care savings account and the interest earned
on the account in the taxable year of a withdrawal
pursuant to subsection (b) of Section 20 of the
Medical Care Savings Account Act or subsection (b)
of Section 20 of the Medical Care Savings Account
Act of 2000; and
(D-10) For taxable years ending after December
31, 1997, an amount equal to any eligible
remediation costs that the individual deducted in
computing adjusted gross income and for which the
individual claims a credit under subsection (l) of
Section 201;
and by deducting from the total so obtained the sum of
the following amounts:
(E) For taxable years ending before December
31, 2001, any amount included in such total in
respect of any compensation (including but not
limited to any compensation paid or accrued to a
serviceman while a prisoner of war or missing in
action) paid to a resident by reason of being on
active duty in the Armed Forces of the United States
and in respect of any compensation paid or accrued
to a resident who as a governmental employee was a
prisoner of war or missing in action, and in respect
of any compensation paid to a resident in 1971 or
thereafter for annual training performed pursuant to
Sections 502 and 503, Title 32, United States Code
as a member of the Illinois National Guard. For
taxable years ending on or after December 31, 2001,
any amount included in such total in respect of any
compensation (including but not limited to any
compensation paid or accrued to a serviceman while a
prisoner of war or missing in action) paid to a
resident by reason of being a member of any
component of the Armed Forces of the United States
and in respect of any compensation paid or accrued
to a resident who as a governmental employee was a
prisoner of war or missing in action, and in respect
of any compensation paid to a resident in 2001 or
thereafter by reason of being a member of the
Illinois National Guard. The provisions of this
amendatory Act of the 92nd General Assembly are
exempt from the provisions of Section 250;
(F) An amount equal to all amounts included in
such total pursuant to the provisions of Sections
402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and
408 of the Internal Revenue Code, or included in
such total as distributions under the provisions of
any retirement or disability plan for employees of
any governmental agency or unit, or retirement
payments to retired partners, which payments are
excluded in computing net earnings from self
employment by Section 1402 of the Internal Revenue
Code and regulations adopted pursuant thereto;
(G) The valuation limitation amount;
(H) An amount equal to the amount of any tax
imposed by this Act which was refunded to the
taxpayer and included in such total for the taxable
year;
(I) An amount equal to all amounts included in
such total pursuant to the provisions of Section 111
of the Internal Revenue Code as a recovery of items
previously deducted from adjusted gross income in
the computation of taxable income;
(J) An amount equal to those dividends
included in such total which were paid by a
corporation which conducts business operations in an
Enterprise Zone or zones created under the Illinois
Enterprise Zone Act, and conducts substantially all
of its operations in an Enterprise Zone or zones;
(K) An amount equal to those dividends
included in such total that were paid by a
corporation that conducts business operations in a
federally designated Foreign Trade Zone or Sub-Zone
and that is designated a High Impact Business
located in Illinois; provided that dividends
eligible for the deduction provided in subparagraph
(J) of paragraph (2) of this subsection shall not be
eligible for the deduction provided under this
subparagraph (K);
(L) For taxable years ending after December
31, 1983, an amount equal to all social security
benefits and railroad retirement benefits included
in such total pursuant to Sections 72(r) and 86 of
the Internal Revenue Code;
(M) With the exception of any amounts
subtracted under subparagraph (N), an amount equal
to the sum of all amounts disallowed as deductions
by (i) Sections 171(a) (2), and 265(2) of the
Internal Revenue Code of 1954, as now or hereafter
amended, and all amounts of expenses allocable to
interest and disallowed as deductions by Section
265(1) of the Internal Revenue Code of 1954, as now
or hereafter amended; and (ii) for taxable years
ending on or after August 13, 1999, Sections
171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
Internal Revenue Code; the provisions of this
subparagraph are exempt from the provisions of
Section 250;
(N) An amount equal to all amounts included in
such total which are exempt from taxation by this
State either by reason of its statutes or
Constitution or by reason of the Constitution,
treaties or statutes of the United States; provided
that, in the case of any statute of this State that
exempts income derived from bonds or other
obligations from the tax imposed under this Act, the
amount exempted shall be the interest net of bond
premium amortization;
(O) An amount equal to any contribution made
to a job training project established pursuant to
the Tax Increment Allocation Redevelopment Act;
(P) An amount equal to the amount of the
deduction used to compute the federal income tax
credit for restoration of substantial amounts held
under claim of right for the taxable year pursuant
to Section 1341 of the Internal Revenue Code of
1986;
(Q) An amount equal to any amounts included in
such total, received by the taxpayer as an
acceleration in the payment of life, endowment or
annuity benefits in advance of the time they would
otherwise be payable as an indemnity for a terminal
illness;
(R) An amount equal to the amount of any
federal or State bonus paid to veterans of the
Persian Gulf War;
(S) An amount, to the extent included in
adjusted gross income, equal to the amount of a
contribution made in the taxable year on behalf of
the taxpayer to a medical care savings account
established under the Medical Care Savings Account
Act or the Medical Care Savings Account Act of 2000
to the extent the contribution is accepted by the
account administrator as provided in that Act;
(T) An amount, to the extent included in
adjusted gross income, equal to the amount of
interest earned in the taxable year on a medical
care savings account established under the Medical
Care Savings Account Act or the Medical Care Savings
Account Act of 2000 on behalf of the taxpayer, other
than interest added pursuant to item (D-5) of this
paragraph (2);
(U) For one taxable year beginning on or after
January 1, 1994, an amount equal to the total amount
of tax imposed and paid under subsections (a) and
(b) of Section 201 of this Act on grant amounts
received by the taxpayer under the Nursing Home
Grant Assistance Act during the taxpayer's taxable
years 1992 and 1993;
(V) Beginning with tax years ending on or
after December 31, 1995 and ending with tax years
ending on or before December 31, 2004, an amount
equal to the amount paid by a taxpayer who is a
self-employed taxpayer, a partner of a partnership,
or a shareholder in a Subchapter S corporation for
health insurance or long-term care insurance for
that taxpayer or that taxpayer's spouse or
dependents, to the extent that the amount paid for
that health insurance or long-term care insurance
may be deducted under Section 213 of the Internal
Revenue Code of 1986, has not been deducted on the
federal income tax return of the taxpayer, and does
not exceed the taxable income attributable to that
taxpayer's income, self-employment income, or
Subchapter S corporation income; except that no
deduction shall be allowed under this item (V) if
the taxpayer is eligible to participate in any
health insurance or long-term care insurance plan of
an employer of the taxpayer or the taxpayer's
spouse. The amount of the health insurance and
long-term care insurance subtracted under this item
(V) shall be determined by multiplying total health
insurance and long-term care insurance premiums paid
by the taxpayer times a number that represents the
fractional percentage of eligible medical expenses
under Section 213 of the Internal Revenue Code of
1986 not actually deducted on the taxpayer's federal
income tax return;
(W) For taxable years beginning on or after
January 1, 1998, all amounts included in the
taxpayer's federal gross income in the taxable year
from amounts converted from a regular IRA to a Roth
IRA. This paragraph is exempt from the provisions of
Section 250;
(X) For taxable year 1999 and thereafter, an
amount equal to the amount of any (i) distributions,
to the extent includible in gross income for federal
income tax purposes, made to the taxpayer because of
his or her status as a victim of persecution for
racial or religious reasons by Nazi Germany or any
other Axis regime or as an heir of the victim and
(ii) items of income, to the extent includible in
gross income for federal income tax purposes,
attributable to, derived from or in any way related
to assets stolen from, hidden from, or otherwise
lost to a victim of persecution for racial or
religious reasons by Nazi Germany or any other Axis
regime immediately prior to, during, and immediately
after World War II, including, but not limited to,
interest on the proceeds receivable as insurance
under policies issued to a victim of persecution for
racial or religious reasons by Nazi Germany or any
other Axis regime by European insurance companies
immediately prior to and during World War II;
provided, however, this subtraction from federal
adjusted gross income does not apply to assets
acquired with such assets or with the proceeds from
the sale of such assets; provided, further, this
paragraph shall only apply to a taxpayer who was the
first recipient of such assets after their recovery
and who is a victim of persecution for racial or
religious reasons by Nazi Germany or any other Axis
regime or as an heir of the victim. The amount of
and the eligibility for any public assistance,
benefit, or similar entitlement is not affected by
the inclusion of items (i) and (ii) of this
paragraph in gross income for federal income tax
purposes. This paragraph is exempt from the
provisions of Section 250; and
(Y) For taxable years beginning on or after
January 1, 2002, moneys contributed in the taxable
year to a College Savings Pool account under Section
16.5 of the State Treasurer Act. This subparagraph
(Y) is exempt from the provisions of Section 250.
(b) Corporations.
(1) In general. In the case of a corporation, base
income means an amount equal to the taxpayer's taxable
income for the taxable year as modified by paragraph (2).
(2) Modifications. The taxable income referred to
in paragraph (1) shall be modified by adding thereto the
sum of the following amounts:
(A) An amount equal to all amounts paid or
accrued to the taxpayer as interest and all
distributions received from regulated investment
companies during the taxable year to the extent
excluded from gross income in the computation of
taxable income;
(B) An amount equal to the amount of tax
imposed by this Act to the extent deducted from
gross income in the computation of taxable income
for the taxable year;
(C) In the case of a regulated investment
company, an amount equal to the excess of (i) the
net long-term capital gain for the taxable year,
over (ii) the amount of the capital gain dividends
designated as such in accordance with Section
852(b)(3)(C) of the Internal Revenue Code and any
amount designated under Section 852(b)(3)(D) of the
Internal Revenue Code, attributable to the taxable
year (this amendatory Act of 1995 (Public Act 89-89)
is declarative of existing law and is not a new
enactment);
(D) The amount of any net operating loss
deduction taken in arriving at taxable income, other
than a net operating loss carried forward from a
taxable year ending prior to December 31, 1986;
(E) For taxable years in which a net operating
loss carryback or carryforward from a taxable year
ending prior to December 31, 1986 is an element of
taxable income under paragraph (1) of subsection (e)
or subparagraph (E) of paragraph (2) of subsection
(e), the amount by which addition modifications
other than those provided by this subparagraph (E)
exceeded subtraction modifications in such earlier
taxable year, with the following limitations applied
in the order that they are listed:
(i) the addition modification relating to
the net operating loss carried back or forward
to the taxable year from any taxable year
ending prior to December 31, 1986 shall be
reduced by the amount of addition modification
under this subparagraph (E) which related to
that net operating loss and which was taken
into account in calculating the base income of
an earlier taxable year, and
(ii) the addition modification relating
to the net operating loss carried back or
forward to the taxable year from any taxable
year ending prior to December 31, 1986 shall
not exceed the amount of such carryback or
carryforward;
For taxable years in which there is a net
operating loss carryback or carryforward from more
than one other taxable year ending prior to December
31, 1986, the addition modification provided in this
subparagraph (E) shall be the sum of the amounts
computed independently under the preceding
provisions of this subparagraph (E) for each such
taxable year; and
(E-5) For taxable years ending after December
31, 1997, an amount equal to any eligible
remediation costs that the corporation deducted in
computing adjusted gross income and for which the
corporation claims a credit under subsection (l) of
Section 201;
and by deducting from the total so obtained the sum of
the following amounts:
(F) An amount equal to the amount of any tax
imposed by this Act which was refunded to the
taxpayer and included in such total for the taxable
year;
(G) An amount equal to any amount included in
such total under Section 78 of the Internal Revenue
Code;
(H) In the case of a regulated investment
company, an amount equal to the amount of exempt
interest dividends as defined in subsection (b) (5)
of Section 852 of the Internal Revenue Code, paid to
shareholders for the taxable year;
(I) With the exception of any amounts
subtracted under subparagraph (J), an amount equal
to the sum of all amounts disallowed as deductions
by (i) Sections 171(a) (2), and 265(a)(2) and
amounts disallowed as interest expense by Section
291(a)(3) of the Internal Revenue Code, as now or
hereafter amended, and all amounts of expenses
allocable to interest and disallowed as deductions
by Section 265(a)(1) of the Internal Revenue Code,
as now or hereafter amended; and (ii) for taxable
years ending on or after August 13, 1999, Sections
171(a)(2), 265, 280C, 291(a)(3), and 832(b)(5)(B)(i)
of the Internal Revenue Code; the provisions of this
subparagraph are exempt from the provisions of
Section 250;
(J) An amount equal to all amounts included in
such total which are exempt from taxation by this
State either by reason of its statutes or
Constitution or by reason of the Constitution,
treaties or statutes of the United States; provided
that, in the case of any statute of this State that
exempts income derived from bonds or other
obligations from the tax imposed under this Act, the
amount exempted shall be the interest net of bond
premium amortization;
(K) An amount equal to those dividends
included in such total which were paid by a
corporation which conducts business operations in an
Enterprise Zone or zones created under the Illinois
Enterprise Zone Act and conducts substantially all
of its operations in an Enterprise Zone or zones;
(L) An amount equal to those dividends
included in such total that were paid by a
corporation that conducts business operations in a
federally designated Foreign Trade Zone or Sub-Zone
and that is designated a High Impact Business
located in Illinois; provided that dividends
eligible for the deduction provided in subparagraph
(K) of paragraph 2 of this subsection shall not be
eligible for the deduction provided under this
subparagraph (L);
(M) For any taxpayer that is a financial
organization within the meaning of Section 304(c) of
this Act, an amount included in such total as
interest income from a loan or loans made by such
taxpayer to a borrower, to the extent that such a
loan is secured by property which is eligible for
the Enterprise Zone Investment Credit. To determine
the portion of a loan or loans that is secured by
property eligible for a Section 201(f) investment
credit to the borrower, the entire principal amount
of the loan or loans between the taxpayer and the
borrower should be divided into the basis of the
Section 201(f) investment credit property which
secures the loan or loans, using for this purpose
the original basis of such property on the date that
it was placed in service in the Enterprise Zone.
The subtraction modification available to taxpayer
in any year under this subsection shall be that
portion of the total interest paid by the borrower
with respect to such loan attributable to the
eligible property as calculated under the previous
sentence;
(M-1) For any taxpayer that is a financial
organization within the meaning of Section 304(c) of
this Act, an amount included in such total as
interest income from a loan or loans made by such
taxpayer to a borrower, to the extent that such a
loan is secured by property which is eligible for
the High Impact Business Investment Credit. To
determine the portion of a loan or loans that is
secured by property eligible for a Section 201(h)
investment credit to the borrower, the entire
principal amount of the loan or loans between the
taxpayer and the borrower should be divided into the
basis of the Section 201(h) investment credit
property which secures the loan or loans, using for
this purpose the original basis of such property on
the date that it was placed in service in a
federally designated Foreign Trade Zone or Sub-Zone
located in Illinois. No taxpayer that is eligible
for the deduction provided in subparagraph (M) of
paragraph (2) of this subsection shall be eligible
for the deduction provided under this subparagraph
(M-1). The subtraction modification available to
taxpayers in any year under this subsection shall be
that portion of the total interest paid by the
borrower with respect to such loan attributable to
the eligible property as calculated under the
previous sentence;
(N) Two times any contribution made during the
taxable year to a designated zone organization to
the extent that the contribution (i) qualifies as a
charitable contribution under subsection (c) of
Section 170 of the Internal Revenue Code and (ii)
must, by its terms, be used for a project approved
by the Department of Commerce and Community Affairs
under Section 11 of the Illinois Enterprise Zone
Act;
(O) An amount equal to: (i) 85% for taxable
years ending on or before December 31, 1992, or, a
percentage equal to the percentage allowable under
Section 243(a)(1) of the Internal Revenue Code of
1986 for taxable years ending after December 31,
1992, of the amount by which dividends included in
taxable income and received from a corporation that
is not created or organized under the laws of the
United States or any state or political subdivision
thereof, including, for taxable years ending on or
after December 31, 1988, dividends received or
deemed received or paid or deemed paid under
Sections 951 through 964 of the Internal Revenue
Code, exceed the amount of the modification provided
under subparagraph (G) of paragraph (2) of this
subsection (b) which is related to such dividends;
plus (ii) 100% of the amount by which dividends,
included in taxable income and received, including,
for taxable years ending on or after December 31,
1988, dividends received or deemed received or paid
or deemed paid under Sections 951 through 964 of the
Internal Revenue Code, from any such corporation
specified in clause (i) that would but for the
provisions of Section 1504 (b) (3) of the Internal
Revenue Code be treated as a member of the
affiliated group which includes the dividend
recipient, exceed the amount of the modification
provided under subparagraph (G) of paragraph (2) of
this subsection (b) which is related to such
dividends;
(P) An amount equal to any contribution made
to a job training project established pursuant to
the Tax Increment Allocation Redevelopment Act;
(Q) An amount equal to the amount of the
deduction used to compute the federal income tax
credit for restoration of substantial amounts held
under claim of right for the taxable year pursuant
to Section 1341 of the Internal Revenue Code of
1986;
(R) In the case of an attorney-in-fact with
respect to whom an interinsurer or a reciprocal
insurer has made the election under Section 835 of
the Internal Revenue Code, 26 U.S.C. 835, an amount
equal to the excess, if any, of the amounts paid or
incurred by that interinsurer or reciprocal insurer
in the taxable year to the attorney-in-fact over the
deduction allowed to that interinsurer or reciprocal
insurer with respect to the attorney-in-fact under
Section 835(b) of the Internal Revenue Code for the
taxable year; and
(S) For taxable years ending on or after
December 31, 1997, in the case of a Subchapter S
corporation, an amount equal to all amounts of
income allocable to a shareholder subject to the
Personal Property Tax Replacement Income Tax imposed
by subsections (c) and (d) of Section 201 of this
Act, including amounts allocable to organizations
exempt from federal income tax by reason of Section
501(a) of the Internal Revenue Code. This
subparagraph (S) is exempt from the provisions of
Section 250.
(3) Special rule. For purposes of paragraph (2)
(A), "gross income" in the case of a life insurance
company, for tax years ending on and after December 31,
1994, shall mean the gross investment income for the
taxable year.
(c) Trusts and estates.
(1) In general. In the case of a trust or estate,
base income means an amount equal to the taxpayer's
taxable income for the taxable year as modified by
paragraph (2).
(2) Modifications. Subject to the provisions of
paragraph (3), the taxable income referred to in
paragraph (1) shall be modified by adding thereto the sum
of the following amounts:
(A) An amount equal to all amounts paid or
accrued to the taxpayer as interest or dividends
during the taxable year to the extent excluded from
gross income in the computation of taxable income;
(B) In the case of (i) an estate, $600; (ii) a
trust which, under its governing instrument, is
required to distribute all of its income currently,
$300; and (iii) any other trust, $100, but in each
such case, only to the extent such amount was
deducted in the computation of taxable income;
(C) An amount equal to the amount of tax
imposed by this Act to the extent deducted from
gross income in the computation of taxable income
for the taxable year;
(D) The amount of any net operating loss
deduction taken in arriving at taxable income, other
than a net operating loss carried forward from a
taxable year ending prior to December 31, 1986;
(E) For taxable years in which a net operating
loss carryback or carryforward from a taxable year
ending prior to December 31, 1986 is an element of
taxable income under paragraph (1) of subsection (e)
or subparagraph (E) of paragraph (2) of subsection
(e), the amount by which addition modifications
other than those provided by this subparagraph (E)
exceeded subtraction modifications in such taxable
year, with the following limitations applied in the
order that they are listed:
(i) the addition modification relating to
the net operating loss carried back or forward
to the taxable year from any taxable year
ending prior to December 31, 1986 shall be
reduced by the amount of addition modification
under this subparagraph (E) which related to
that net operating loss and which was taken
into account in calculating the base income of
an earlier taxable year, and
(ii) the addition modification relating
to the net operating loss carried back or
forward to the taxable year from any taxable
year ending prior to December 31, 1986 shall
not exceed the amount of such carryback or
carryforward;
For taxable years in which there is a net
operating loss carryback or carryforward from more
than one other taxable year ending prior to December
31, 1986, the addition modification provided in this
subparagraph (E) shall be the sum of the amounts
computed independently under the preceding
provisions of this subparagraph (E) for each such
taxable year;
(F) For taxable years ending on or after
January 1, 1989, an amount equal to the tax deducted
pursuant to Section 164 of the Internal Revenue Code
if the trust or estate is claiming the same tax for
purposes of the Illinois foreign tax credit under
Section 601 of this Act;
(G) An amount equal to the amount of the
capital gain deduction allowable under the Internal
Revenue Code, to the extent deducted from gross
income in the computation of taxable income; and
(G-5) For taxable years ending after December
31, 1997, an amount equal to any eligible
remediation costs that the trust or estate deducted
in computing adjusted gross income and for which the
trust or estate claims a credit under subsection (l)
of Section 201;
and by deducting from the total so obtained the sum of
the following amounts:
(H) An amount equal to all amounts included in
such total pursuant to the provisions of Sections
402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and
408 of the Internal Revenue Code or included in such
total as distributions under the provisions of any
retirement or disability plan for employees of any
governmental agency or unit, or retirement payments
to retired partners, which payments are excluded in
computing net earnings from self employment by
Section 1402 of the Internal Revenue Code and
regulations adopted pursuant thereto;
(I) The valuation limitation amount;
(J) An amount equal to the amount of any tax
imposed by this Act which was refunded to the
taxpayer and included in such total for the taxable
year;
(K) An amount equal to all amounts included in
taxable income as modified by subparagraphs (A),
(B), (C), (D), (E), (F) and (G) which are exempt
from taxation by this State either by reason of its
statutes or Constitution or by reason of the
Constitution, treaties or statutes of the United
States; provided that, in the case of any statute of
this State that exempts income derived from bonds or
other obligations from the tax imposed under this
Act, the amount exempted shall be the interest net
of bond premium amortization;
(L) With the exception of any amounts
subtracted under subparagraph (K), an amount equal
to the sum of all amounts disallowed as deductions
by (i) Sections 171(a) (2) and 265(a)(2) of the
Internal Revenue Code, as now or hereafter amended,
and all amounts of expenses allocable to interest
and disallowed as deductions by Section 265(1) of
the Internal Revenue Code of 1954, as now or
hereafter amended; and (ii) for taxable years ending
on or after August 13, 1999, Sections 171(a)(2),
265, 280C, and 832(b)(5)(B)(i) of the Internal
Revenue Code; the provisions of this subparagraph
are exempt from the provisions of Section 250;
(M) An amount equal to those dividends
included in such total which were paid by a
corporation which conducts business operations in an
Enterprise Zone or zones created under the Illinois
Enterprise Zone Act and conducts substantially all
of its operations in an Enterprise Zone or Zones;
(N) An amount equal to any contribution made
to a job training project established pursuant to
the Tax Increment Allocation Redevelopment Act;
(O) An amount equal to those dividends
included in such total that were paid by a
corporation that conducts business operations in a
federally designated Foreign Trade Zone or Sub-Zone
and that is designated a High Impact Business
located in Illinois; provided that dividends
eligible for the deduction provided in subparagraph
(M) of paragraph (2) of this subsection shall not be
eligible for the deduction provided under this
subparagraph (O);
(P) An amount equal to the amount of the
deduction used to compute the federal income tax
credit for restoration of substantial amounts held
under claim of right for the taxable year pursuant
to Section 1341 of the Internal Revenue Code of
1986; and
(Q) For taxable year 1999 and thereafter, an
amount equal to the amount of any (i) distributions,
to the extent includible in gross income for federal
income tax purposes, made to the taxpayer because of
his or her status as a victim of persecution for
racial or religious reasons by Nazi Germany or any
other Axis regime or as an heir of the victim and
(ii) items of income, to the extent includible in
gross income for federal income tax purposes,
attributable to, derived from or in any way related
to assets stolen from, hidden from, or otherwise
lost to a victim of persecution for racial or
religious reasons by Nazi Germany or any other Axis
regime immediately prior to, during, and immediately
after World War II, including, but not limited to,
interest on the proceeds receivable as insurance
under policies issued to a victim of persecution for
racial or religious reasons by Nazi Germany or any
other Axis regime by European insurance companies
immediately prior to and during World War II;
provided, however, this subtraction from federal
adjusted gross income does not apply to assets
acquired with such assets or with the proceeds from
the sale of such assets; provided, further, this
paragraph shall only apply to a taxpayer who was the
first recipient of such assets after their recovery
and who is a victim of persecution for racial or
religious reasons by Nazi Germany or any other Axis
regime or as an heir of the victim. The amount of
and the eligibility for any public assistance,
benefit, or similar entitlement is not affected by
the inclusion of items (i) and (ii) of this
paragraph in gross income for federal income tax
purposes. This paragraph is exempt from the
provisions of Section 250.
(3) Limitation. The amount of any modification
otherwise required under this subsection shall, under
regulations prescribed by the Department, be adjusted by
any amounts included therein which were properly paid,
credited, or required to be distributed, or permanently
set aside for charitable purposes pursuant to Internal
Revenue Code Section 642(c) during the taxable year.
(d) Partnerships.
(1) In general. In the case of a partnership, base
income means an amount equal to the taxpayer's taxable
income for the taxable year as modified by paragraph (2).
(2) Modifications. The taxable income referred to
in paragraph (1) shall be modified by adding thereto the
sum of the following amounts:
(A) An amount equal to all amounts paid or
accrued to the taxpayer as interest or dividends
during the taxable year to the extent excluded from
gross income in the computation of taxable income;
(B) An amount equal to the amount of tax
imposed by this Act to the extent deducted from
gross income for the taxable year;
(C) The amount of deductions allowed to the
partnership pursuant to Section 707 (c) of the
Internal Revenue Code in calculating its taxable
income; and
(D) An amount equal to the amount of the
capital gain deduction allowable under the Internal
Revenue Code, to the extent deducted from gross
income in the computation of taxable income;
and by deducting from the total so obtained the following
amounts:
(E) The valuation limitation amount;
(F) An amount equal to the amount of any tax
imposed by this Act which was refunded to the
taxpayer and included in such total for the taxable
year;
(G) An amount equal to all amounts included in
taxable income as modified by subparagraphs (A),
(B), (C) and (D) which are exempt from taxation by
this State either by reason of its statutes or
Constitution or by reason of the Constitution,
treaties or statutes of the United States; provided
that, in the case of any statute of this State that
exempts income derived from bonds or other
obligations from the tax imposed under this Act, the
amount exempted shall be the interest net of bond
premium amortization;
(H) Any income of the partnership which
constitutes personal service income as defined in
Section 1348 (b) (1) of the Internal Revenue Code
(as in effect December 31, 1981) or a reasonable
allowance for compensation paid or accrued for
services rendered by partners to the partnership,
whichever is greater;
(I) An amount equal to all amounts of income
distributable to an entity subject to the Personal
Property Tax Replacement Income Tax imposed by
subsections (c) and (d) of Section 201 of this Act
including amounts distributable to organizations
exempt from federal income tax by reason of Section
501(a) of the Internal Revenue Code;
(J) With the exception of any amounts
subtracted under subparagraph (G), an amount equal
to the sum of all amounts disallowed as deductions
by (i) Sections 171(a) (2), and 265(2) of the
Internal Revenue Code of 1954, as now or hereafter
amended, and all amounts of expenses allocable to
interest and disallowed as deductions by Section
265(1) of the Internal Revenue Code, as now or
hereafter amended; and (ii) for taxable years ending
on or after August 13, 1999, Sections 171(a)(2),
265, 280C, and 832(b)(5)(B)(i) of the Internal
Revenue Code; the provisions of this subparagraph
are exempt from the provisions of Section 250;
(K) An amount equal to those dividends
included in such total which were paid by a
corporation which conducts business operations in an
Enterprise Zone or zones created under the Illinois
Enterprise Zone Act, enacted by the 82nd General
Assembly, and which does not conduct such operations
other than in an Enterprise Zone or Zones;
(L) An amount equal to any contribution made
to a job training project established pursuant to
the Real Property Tax Increment Allocation
Redevelopment Act;
(M) An amount equal to those dividends
included in such total that were paid by a
corporation that conducts business operations in a
federally designated Foreign Trade Zone or Sub-Zone
and that is designated a High Impact Business
located in Illinois; provided that dividends
eligible for the deduction provided in subparagraph
(K) of paragraph (2) of this subsection shall not be
eligible for the deduction provided under this
subparagraph (M); and
(N) An amount equal to the amount of the
deduction used to compute the federal income tax
credit for restoration of substantial amounts held
under claim of right for the taxable year pursuant
to Section 1341 of the Internal Revenue Code of
1986.
(e) Gross income; adjusted gross income; taxable income.
(1) In general. Subject to the provisions of
paragraph (2) and subsection (b) (3), for purposes of
this Section and Section 803(e), a taxpayer's gross
income, adjusted gross income, or taxable income for the
taxable year shall mean the amount of gross income,
adjusted gross income or taxable income properly
reportable for federal income tax purposes for the
taxable year under the provisions of the Internal Revenue
Code. Taxable income may be less than zero. However, for
taxable years ending on or after December 31, 1986, net
operating loss carryforwards from taxable years ending
prior to December 31, 1986, may not exceed the sum of
federal taxable income for the taxable year before net
operating loss deduction, plus the excess of addition
modifications over subtraction modifications for the
taxable year. For taxable years ending prior to December
31, 1986, taxable income may never be an amount in excess
of the net operating loss for the taxable year as defined
in subsections (c) and (d) of Section 172 of the Internal
Revenue Code, provided that when taxable income of a
corporation (other than a Subchapter S corporation),
trust, or estate is less than zero and addition
modifications, other than those provided by subparagraph
(E) of paragraph (2) of subsection (b) for corporations
or subparagraph (E) of paragraph (2) of subsection (c)
for trusts and estates, exceed subtraction modifications,
an addition modification must be made under those
subparagraphs for any other taxable year to which the
taxable income less than zero (net operating loss) is
applied under Section 172 of the Internal Revenue Code or
under subparagraph (E) of paragraph (2) of this
subsection (e) applied in conjunction with Section 172 of
the Internal Revenue Code.
(2) Special rule. For purposes of paragraph (1) of
this subsection, the taxable income properly reportable
for federal income tax purposes shall mean:
(A) Certain life insurance companies. In the
case of a life insurance company subject to the tax
imposed by Section 801 of the Internal Revenue Code,
life insurance company taxable income, plus the
amount of distribution from pre-1984 policyholder
surplus accounts as calculated under Section 815a of
the Internal Revenue Code;
(B) Certain other insurance companies. In the
case of mutual insurance companies subject to the
tax imposed by Section 831 of the Internal Revenue
Code, insurance company taxable income;
(C) Regulated investment companies. In the
case of a regulated investment company subject to
the tax imposed by Section 852 of the Internal
Revenue Code, investment company taxable income;
(D) Real estate investment trusts. In the
case of a real estate investment trust subject to
the tax imposed by Section 857 of the Internal
Revenue Code, real estate investment trust taxable
income;
(E) Consolidated corporations. In the case of
a corporation which is a member of an affiliated
group of corporations filing a consolidated income
tax return for the taxable year for federal income
tax purposes, taxable income determined as if such
corporation had filed a separate return for federal
income tax purposes for the taxable year and each
preceding taxable year for which it was a member of
an affiliated group. For purposes of this
subparagraph, the taxpayer's separate taxable income
shall be determined as if the election provided by
Section 243(b) (2) of the Internal Revenue Code had
been in effect for all such years;
(F) Cooperatives. In the case of a
cooperative corporation or association, the taxable
income of such organization determined in accordance
with the provisions of Section 1381 through 1388 of
the Internal Revenue Code;
(G) Subchapter S corporations. In the case
of: (i) a Subchapter S corporation for which there
is in effect an election for the taxable year under
Section 1362 of the Internal Revenue Code, the
taxable income of such corporation determined in
accordance with Section 1363(b) of the Internal
Revenue Code, except that taxable income shall take
into account those items which are required by
Section 1363(b)(1) of the Internal Revenue Code to
be separately stated; and (ii) a Subchapter S
corporation for which there is in effect a federal
election to opt out of the provisions of the
Subchapter S Revision Act of 1982 and have applied
instead the prior federal Subchapter S rules as in
effect on July 1, 1982, the taxable income of such
corporation determined in accordance with the
federal Subchapter S rules as in effect on July 1,
1982; and
(H) Partnerships. In the case of a
partnership, taxable income determined in accordance
with Section 703 of the Internal Revenue Code,
except that taxable income shall take into account
those items which are required by Section 703(a)(1)
to be separately stated but which would be taken
into account by an individual in calculating his
taxable income.
(f) Valuation limitation amount.
(1) In general. The valuation limitation amount
referred to in subsections (a) (2) (G), (c) (2) (I) and
(d)(2) (E) is an amount equal to:
(A) The sum of the pre-August 1, 1969
appreciation amounts (to the extent consisting of
gain reportable under the provisions of Section 1245
or 1250 of the Internal Revenue Code) for all
property in respect of which such gain was reported
for the taxable year; plus
(B) The lesser of (i) the sum of the
pre-August 1, 1969 appreciation amounts (to the
extent consisting of capital gain) for all property
in respect of which such gain was reported for
federal income tax purposes for the taxable year, or
(ii) the net capital gain for the taxable year,
reduced in either case by any amount of such gain
included in the amount determined under subsection
(a) (2) (F) or (c) (2) (H).
(2) Pre-August 1, 1969 appreciation amount.
(A) If the fair market value of property
referred to in paragraph (1) was readily
ascertainable on August 1, 1969, the pre-August 1,
1969 appreciation amount for such property is the
lesser of (i) the excess of such fair market value
over the taxpayer's basis (for determining gain) for
such property on that date (determined under the
Internal Revenue Code as in effect on that date), or
(ii) the total gain realized and reportable for
federal income tax purposes in respect of the sale,
exchange or other disposition of such property.
(B) If the fair market value of property
referred to in paragraph (1) was not readily
ascertainable on August 1, 1969, the pre-August 1,
1969 appreciation amount for such property is that
amount which bears the same ratio to the total gain
reported in respect of the property for federal
income tax purposes for the taxable year, as the
number of full calendar months in that part of the
taxpayer's holding period for the property ending
July 31, 1969 bears to the number of full calendar
months in the taxpayer's entire holding period for
the property.
(C) The Department shall prescribe such
regulations as may be necessary to carry out the
purposes of this paragraph.
(g) Double deductions. Unless specifically provided
otherwise, nothing in this Section shall permit the same item
to be deducted more than once.
(h) Legislative intention. Except as expressly provided
by this Section there shall be no modifications or
limitations on the amounts of income, gain, loss or deduction
taken into account in determining gross income, adjusted
gross income or taxable income for federal income tax
purposes for the taxable year, or in the amount of such items
entering into the computation of base income and net income
under this Act for such taxable year, whether in respect of
property values as of August 1, 1969 or otherwise.
(Source: P.A. 91-192, eff. 7-20-99; 91-205, eff. 7-20-99;
91-357, eff. 7-29-99; 91-541, eff. 8-13-99; 91-676, eff.
12-23-99; 91-845, eff. 6-22-00; 91-913, eff. 1-1-01; 92-16,
eff. 6-28-01; 92-244, eff. 8-3-01; 92-439, eff. 8-17-01;
revised 9-21-01.)
(35 ILCS 5/507V)
Sec. 507V. National World War II Memorial Fund checkoff.
The Department must print on its standard individual income
tax form a provision indicating that if the taxpayer wishes
to contribute to the National World War II Memorial Fund, as
authorized by this amendatory Act of the 91st General
Assembly, he or she may do so by stating the amount of the
contribution (not less than $1) on the return and that the
contribution will reduce the taxpayer's refund or increase
the amount of payment to accompany the return. Failure to
remit any amount of increased payment reduces the
contribution accordingly. This Section does not apply to any
amended return.
(Source: P.A. 91-833, eff. 1-1-01; 91-836, eff. 1-1-01.)
(35 ILCS 5/507W)
Sec. 507W. 507V. Korean War Veterans National Museum and
Library Fund checkoff. Beginning with taxable years ending
on or after December 31, 2001, the Department shall print on
its standard individual income tax form a provision
indicating that if the taxpayer wishes to contribute to the
Korean War Veterans National Museum and Library Fund, as
authorized by this amendatory Act of the 92nd General
Assembly, he or she may do so by stating the amount of the
contribution (not less than $1) on the return and that the
contribution will reduce the taxpayer's refund or increase
the amount of payment to accompany the return. Failure to
remit any amount of increased payment shall reduce the
contribution accordingly. This Section shall not apply to
any amended return.
(Source: P.A. 92-198, eff. 8-1-01; revised 10-17-01.)
(35 ILCS 5/509) (from Ch. 120, par. 5-509)
(Text of Section before amendment by P.A. 92-84)
Sec. 509. Tax checkoff explanations. All individual
income tax return forms shall contain appropriate
explanations and spaces to enable the taxpayers to designate
contributions to the Child Abuse Prevention Fund, to the
Community Health Center Care Fund, to the Illinois Wildlife
Preservation Fund as required by the Illinois Non-Game
Wildlife Protection Act, to the Alzheimer's Disease Research
Fund as required by the Alzheimer's Disease Research Act, to
the Assistance to the Homeless Fund as required by this Act,
to the Heritage Preservation Fund as required by the Heritage
Preservation Act, to the Child Care Expansion Program Fund as
required by the Child Care Expansion Program Act, to the Ryan
White AIDS Victims Assistance Fund, to the Assistive
Technology for Persons with Disabilities Fund, to the
Domestic Violence Shelter and Service Fund, to the United
States Olympians Assistance Fund, to the Youth Drug Abuse
Prevention Fund, to the Persian Gulf Conflict Veterans Fund,
to the Literacy Advancement Fund, to the Ryan White Pediatric
and Adult AIDS Fund, to the Illinois Special Olympics
Checkoff Fund, to the Penny Severns Breast and Cervical
Cancer Research Fund, to the Korean War Memorial Fund, to the
Heart Disease Treatment and Prevention Fund, to the
Hemophilia Treatment Fund, to the Mental Health Research
Fund, to the Children's Cancer Fund, to the American Diabetes
Association Fund, to the National World War II Memorial Fund,
to the Prostate Cancer Research Fund, to the Korean War
Veterans National Museum and Library Fund, and to the Meals
on Wheels Fund. Each form shall contain a statement that the
contributions will reduce the taxpayer's refund or increase
the amount of payment to accompany the return. Failure to
remit any amount of increased payment shall reduce the
contribution accordingly.
If, on October 1 of any year, the total contributions to
any one of the funds made under this Section do not equal
$100,000 or more, the explanations and spaces for designating
contributions to the fund shall be removed from the
individual income tax return forms for the following and all
subsequent years and all subsequent contributions to the fund
shall be refunded to the taxpayer.
(Source: P.A. 91-104, eff. 7-13-99; 91-107, eff. 7-13-99;
91-357, eff. 7-29-99; 91-833, eff. 1-1-01; 91-836, eff.
1-1-01; 92-198, eff. 8-1-01.)
(Text of Section after amendment by P.A. 92-84)
Sec. 509. Tax checkoff explanations. All individual
income tax return forms shall contain appropriate
explanations and spaces to enable the taxpayers to designate
contributions to the Child Abuse Prevention Fund, to the
Illinois Wildlife Preservation Fund as required by the
Illinois Non-Game Wildlife Protection Act, to the Alzheimer's
Disease Research Fund as required by the Alzheimer's Disease
Research Act, to the Assistance to the Homeless Fund as
required by this Act, to the Penny Severns Breast and
Cervical Cancer Research Fund, to the National World War II
Memorial Fund, and to the Prostate Cancer Research Fund, and
to the Korean War Veterans National Museum and Library Fund,.
Each form shall contain a statement that the contributions
will reduce the taxpayer's refund or increase the amount of
payment to accompany the return. Failure to remit any amount
of increased payment shall reduce the contribution
accordingly.
If, on October 1 of any year, the total contributions to
any one of the funds made under this Section do not equal
$100,000 or more, the explanations and spaces for designating
contributions to the fund shall be removed from the
individual income tax return forms for the following and all
subsequent years and all subsequent contributions to the fund
shall be refunded to the taxpayer.
(Source: P.A. 91-104, eff. 7-13-99; 91-107, eff. 7-13-99;
91-357, eff. 7-29-99; 91-833, eff. 1-1-01; 91-836, eff.
1-1-01; 92-84, eff. 7-1-02; 92-198, eff. 8-1-01; revised
9-12-01.)
(35 ILCS 5/510) (from Ch. 120, par. 5-510)
(Text of Section before amendment by P.A. 92-84)
Sec. 510. Determination of amounts contributed. The
Department shall determine the total amount contributed to
each of the following: the Child Abuse Prevention Fund, the
Illinois Wildlife Preservation Fund, the Community Health
Center Care Fund, the Assistance to the Homeless Fund, the
Alzheimer's Disease Research Fund, the Heritage Preservation
Fund, the Child Care Expansion Program Fund, the Ryan White
AIDS Victims Assistance Fund, the Assistive Technology for
Persons with Disabilities Fund, the Domestic Violence Shelter
and Service Fund, the United States Olympians Assistance
Fund, the Youth Drug Abuse Prevention Fund, the Persian Gulf
Conflict Veterans Fund, the Literacy Advancement Fund, the
Ryan White Pediatric and Adult AIDS Fund, the Illinois
Special Olympics Checkoff Fund, the Penny Severns Breast and
Cervical Cancer Research Fund, the Korean War Memorial Fund,
the Heart Disease Treatment and Prevention Fund, the
Hemophilia Treatment Fund, the Mental Health Research Fund,
the Children's Cancer Fund, the American Diabetes
Association Fund, the National World War II Memorial Fund,
the Prostate Cancer Research Fund, the Korean War Veterans
National Museum and Library Fund, and the Meals on Wheels
Fund; and shall notify the State Comptroller and the State
Treasurer of the amounts to be transferred from the General
Revenue Fund to each fund, and upon receipt of such
notification the State Treasurer and Comptroller shall
transfer the amounts.
(Source: P.A. 91-104, eff. 7-13-99; 91-107, eff. 7-13-99;
91-833, eff. 1-1-01; 91-836, eff. 1-1-01; 92-198, eff.
8-1-01.)
(Text of Section after amendment by P.A. 92-84)
Sec. 510. Determination of amounts contributed. The
Department shall determine the total amount contributed to
each of the following: the Child Abuse Prevention Fund, the
Illinois Wildlife Preservation Fund, the Assistance to the
Homeless Fund, the Alzheimer's Disease Research Fund, the
Penny Severns Breast and Cervical Cancer Research Fund, the
National World War II Memorial Fund, and the Prostate Cancer
Research Fund, and the Korean War Veterans National Museum
and Library Fund,; and shall notify the State Comptroller and
the State Treasurer of the amounts to be transferred from the
General Revenue Fund to each fund, and upon receipt of such
notification the State Treasurer and Comptroller shall
transfer the amounts.
(Source: P.A. 91-104, eff. 7-13-99; 91-107, eff. 7-13-99;
91-833, eff. 1-1-01; 91-836, eff. 1-1-01; 92-84, eff. 7-1-02;
92-198, eff. 8-1-01; revised 9-12-01.)
Section 24. The Economic Development for a Growing
Economy Tax Credit Act is amended by changing Section 5-5 as
follows:
(35 ILCS 10/5-5)
Sec. 5-5. Definitions. As used in this Act:
"Agreement" means the Agreement between a Taxpayer and
the Department under the provisions of Section 5-50 of this
Act.
"Applicant" means a Taxpayer that is operating a business
located or that the Taxpayer plans to locate within the State
of Illinois and that is engaged in interstate or intrastate
commerce for the purpose of manufacturing, processing,
assembling, warehousing, or distributing products, conducting
research and development, providing tourism services, or
providing services in interstate commerce, office industries,
or agricultural processing, but excluding retail, retail
food, health, or professional services. "Applicant" does not
include a Taxpayer who closes or substantially reduces an
operation at one location in the State and relocates
substantially the same operation to another location in the
State. This does not prohibit a Taxpayer from expanding its
operations at another location in the State, provided that
existing operations of a similar nature located within the
State are not closed or substantially reduced. This also
does not prohibit a Taxpayer from moving its operations from
one location in the State to another location in the State
for the purpose of expanding the operation provided that the
Department determines that expansion cannot reasonably be
accommodated within the municipality in which the business is
located, or in the case of a business located in an
incorporated area of the county, within the county in which
the business is located, after conferring with the chief
elected official of the municipality or county and taking
into consideration any evidence offered by the municipality
or county regarding the ability to accommodate expansion
within the municipality or county.
"Committee" means the Illinois Business Investment
Committee created under Section 5-25 of this Act within the
Illinois Economic Development Board.
"Credit" means the amount agreed to between the
Department and Applicant under this Act, but not to exceed
the Incremental Income Tax attributable to the Applicant's
project.
"Department" means the Department of Commerce and
Community Affairs.
"Director" means the Director of Commerce and Community
Affairs.
"Full-time Employee" means an individual who is employed
for consideration for at least 35 hours each week or who
renders any other standard of service generally accepted by
industry custom or practice as full-time employment.
"Incremental Income Tax" means the total amount withheld
during the taxable year from the compensation of New
Employees under Article 7 of the Illinois Income Tax Act
arising from employment at a project that is the subject of
an Agreement.
"New Employee" means:
(a) A Full-time Employee first employed by a
Taxpayer in the project that is the subject of an
Agreement and who is hired after the Taxpayer enters into
the tax credit Agreement.
(b) The term "New Employee" does not include:
(1) an employee of the Taxpayer who performs a
job that was previously performed by another
employee, if that job existed for at least 6 months
before hiring the employee;
(2) an employee of the Taxpayer who was
previously employed in Illinois by a Related Member
of the Taxpayer and whose employment was shifted to
the Taxpayer after the Taxpayer entered into the tax
credit Agreement; or
(3) a child, grandchild, parent, or spouse,
other than a spouse who is legally separated from
the individual, of any individual who has a direct
or an indirect ownership interest of at least 5% in
the profits, capital, or value of the Taxpayer.
(c) Notwithstanding paragraph (1) of subsection
(b), an employee may be considered a New Employee under
the Agreement if the employee performs a job that was
previously performed by an employee who was:
(1) treated under the Agreement as a New
Employee; and
(2) promoted by the Taxpayer to another job.
(d) Notwithstanding subsection (a), the Department
may award Credit to an Applicant with respect to an
employee hired prior to the date of the Agreement if:
(1) the Applicant is in receipt of a letter
from the Department stating an intent to enter into
a credit Agreement;
(2) the letter described in paragraph (1) is
issued by the Department not later than 15 days
after the effective date of this Act; and
(3) the employee was hired after the date the
letter described in paragraph (1) was issued.
"Noncompliance Date" means, in the case of a Taxpayer
that is not complying with the requirements of the Agreement
or the provisions of this Act, the day following the last
date upon which the Taxpayer was in compliance with the
requirements of the Agreement and the provisions of this Act,
as determined by the Director, pursuant to Section 5-65.
"Pass Through Entity" means an entity that is exempt from
the tax under subsection (b) or (c) of Section 205 of the
Illinois Income Tax Act.
"Related Member" means a person that, with respect to the
Taxpayer during any portion of the taxable year, is any one
of the following:
(1) An individual stockholder, if the stockholder
and the members of the stockholder's family (as defined
in Section 318 of the Internal Revenue Code) own
directly, indirectly, beneficially, or constructively, in
the aggregate, at least 50% of the value of the
Taxpayer's outstanding stock.
(2) A partnership, estate, or trust and any partner
or beneficiary, if the partnership, estate, or trust, and
its partners or beneficiaries own directly, indirectly,
beneficially, or constructively, in the aggregate, at
least 50% of the profits, capital capitol, stock, or
value of the Taxpayer.
(3) A corporation, and any party related to the
corporation in a manner that would require an attribution
of stock from the corporation to the party or from the
party to the corporation under the attribution rules of
Section 318 of the Internal Revenue Code, if the Taxpayer
owns directly, indirectly, beneficially, or
constructively at least 50% of the value of the
corporation's outstanding stock.
(4) A corporation and any party related to that
corporation in a manner that would require an attribution
of stock from the corporation to the party or from the
party to the corporation under the attribution rules of
Section 318 of the Internal Revenue Code, if the
corporation and all such related parties own in the
aggregate at least 50% of the profits, capital, stock, or
value of the Taxpayer.
(5) A person to or from whom there is attribution
of stock ownership in accordance with Section 1563(e) of
the Internal Revenue Code, except, for purposes of
determining whether a person is a Related Member under
this paragraph, 20% shall be substituted for 5% wherever
5% appears in Section 1563(e) of the Internal Revenue
Code.
"Taxpayer" means an individual, corporation, partnership,
or other entity that has any Illinois Income Tax liability.
(Source: P.A. 91-476, eff. 8-11-99; revised 12-04-01.)
Section 25. The Use Tax Act is amended by changing
Sections 3-5 and 9 as follows:
(35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5)
Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
(1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
(2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
(3) Personal property purchased by a not-for-profit arts
or cultural organization that establishes, by proof required
by the Department by rule, that it has received an exemption
under Section 501(c)(3) of the Internal Revenue Code and that
is organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited
to, music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts
organizations, and media arts organizations. On and after the
effective date of this amendatory Act of the 92nd General
Assembly, however, an entity otherwise eligible for this
exemption shall not make tax-free purchases unless it has an
active identification number issued by the Department.
(4) Personal property purchased by a governmental body,
by a corporation, society, association, foundation, or
institution organized and operated exclusively for
charitable, religious, or educational purposes, or by a
not-for-profit corporation, society, association, foundation,
institution, or organization that has no compensated officers
or employees and that is organized and operated primarily for
the recreation of persons 55 years of age or older. A limited
liability company may qualify for the exemption under this
paragraph only if the limited liability company is organized
and operated exclusively for educational purposes. On and
after July 1, 1987, however, no entity otherwise eligible for
this exemption shall make tax-free purchases unless it has an
active exemption identification number issued by the
Department.
(5) A passenger car that is a replacement vehicle to the
extent that the purchase price of the car is subject to the
Replacement Vehicle Tax.
(6) Graphic arts machinery and equipment, including
repair and replacement parts, both new and used, and
including that manufactured on special order, certified by
the purchaser to be used primarily for graphic arts
production, and including machinery and equipment purchased
for lease. Equipment includes chemicals or chemicals acting
as catalysts but only if the chemicals or chemicals acting as
catalysts effect a direct and immediate change upon a graphic
arts product.
(7) Farm chemicals.
(8) Legal tender, currency, medallions, or gold or
silver coinage issued by the State of Illinois, the
government of the United States of America, or the government
of any foreign country, and bullion.
(9) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(10) A motor vehicle of the first division, a motor
vehicle of the second division that is a self-contained motor
vehicle designed or permanently converted to provide living
quarters for recreational, camping, or travel use, with
direct walk through to the living quarters from the driver's
seat, or a motor vehicle of the second division that is of
the van configuration designed for the transportation of not
less than 7 nor more than 16 passengers, as defined in
Section 1-146 of the Illinois Vehicle Code, that is used for
automobile renting, as defined in the Automobile Renting
Occupation and Use Tax Act.
(11) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by
the purchaser to be used primarily for production agriculture
or State or federal agricultural programs, including
individual replacement parts for the machinery and equipment,
including machinery and equipment purchased for lease, and
including implements of husbandry defined in Section 1-130 of
the Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required
to be registered under Section 3-809 of the Illinois Vehicle
Code, but excluding other motor vehicles required to be
registered under the Illinois Vehicle Code. Horticultural
polyhouses or hoop houses used for propagating, growing, or
overwintering plants shall be considered farm machinery and
equipment under this item (11). Agricultural chemical tender
tanks and dry boxes shall include units sold separately from
a motor vehicle required to be licensed and units sold
mounted on a motor vehicle required to be licensed if the
selling price of the tender is separately stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters,
seeders, or spreaders. Precision farming equipment includes,
but is not limited to, soil testing sensors, computers,
monitors, software, global positioning and mapping systems,
and other such equipment.
Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in
the computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not
limited to, the collection, monitoring, and correlation of
animal and crop data for the purpose of formulating animal
diets and agricultural chemicals. This item (11) is exempt
from the provisions of Section 3-90.
(12) Fuel and petroleum products sold to or used by an
air common carrier, certified by the carrier to be used for
consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight destined for
or returning from a location or locations outside the United
States without regard to previous or subsequent domestic
stopovers.
(13) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption
of food and beverages purchased at retail from a retailer, to
the extent that the proceeds of the service charge are in
fact turned over as tips or as a substitute for tips to the
employees who participate directly in preparing, serving,
hosting or cleaning up the food or beverage function with
respect to which the service charge is imposed.
(14) Oil field exploration, drilling, and production
equipment, including (i) rigs and parts of rigs, rotary rigs,
cable tool rigs, and workover rigs, (ii) pipe and tubular
goods, including casing and drill strings, (iii) pumps and
pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(15) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including
that manufactured on special order, certified by the
purchaser to be used primarily for photoprocessing, and
including photoprocessing machinery and equipment purchased
for lease.
(16) Coal exploration, mining, offhighway hauling,
processing, maintenance, and reclamation equipment, including
replacement parts and equipment, and including equipment
purchased for lease, but excluding motor vehicles required to
be registered under the Illinois Vehicle Code.
(17) Distillation machinery and equipment, sold as a
unit or kit, assembled or installed by the retailer,
certified by the user to be used only for the production of
ethyl alcohol that will be used for consumption as motor fuel
or as a component of motor fuel for the personal use of the
user, and not subject to sale or resale.
(18) Manufacturing and assembling machinery and
equipment used primarily in the process of manufacturing or
assembling tangible personal property for wholesale or retail
sale or lease, whether that sale or lease is made directly by
the manufacturer or by some other person, whether the
materials used in the process are owned by the manufacturer
or some other person, or whether that sale or lease is made
apart from or as an incident to the seller's engaging in the
service occupation of producing machines, tools, dies, jigs,
patterns, gauges, or other similar items of no commercial
value on special order for a particular purchaser.
(19) Personal property delivered to a purchaser or
purchaser's donee inside Illinois when the purchase order for
that personal property was received by a florist located
outside Illinois who has a florist located inside Illinois
deliver the personal property.
(20) Semen used for artificial insemination of livestock
for direct agricultural production.
(21) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
(22) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the equipment is
leased in a manner that does not qualify for this exemption
or is used in any other non-exempt manner, the lessor shall
be liable for the tax imposed under this Act or the Service
Use Tax Act, as the case may be, based on the fair market
value of the property at the time the non-qualifying use
occurs. No lessor shall collect or attempt to collect an
amount (however designated) that purports to reimburse that
lessor for the tax imposed by this Act or the Service Use Tax
Act, as the case may be, if the tax has not been paid by the
lessor. If a lessor improperly collects any such amount from
the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that
amount is not refunded to the lessee for any reason, the
lessor is liable to pay that amount to the Department.
(23) Personal property purchased by a lessor who leases
the property, under a lease of one year or longer executed
or in effect at the time the lessor would otherwise be
subject to the tax imposed by this Act, to a governmental
body that has been issued an active sales tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the property is leased
in a manner that does not qualify for this exemption or used
in any other non-exempt manner, the lessor shall be liable
for the tax imposed under this Act or the Service Use Tax
Act, as the case may be, based on the fair market value of
the property at the time the non-qualifying use occurs. No
lessor shall collect or attempt to collect an amount (however
designated) that purports to reimburse that lessor for the
tax imposed by this Act or the Service Use Tax Act, as the
case may be, if the tax has not been paid by the lessor. If
a lessor improperly collects any such amount from the lessee,
the lessee shall have a legal right to claim a refund of that
amount from the lessor. If, however, that amount is not
refunded to the lessee for any reason, the lessor is liable
to pay that amount to the Department.
(24) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated
for disaster relief to be used in a State or federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to
a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption
identification number by the Department that assists victims
of the disaster who reside within the declared disaster area.
(25) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in
the performance of infrastructure repairs in this State,
including but not limited to municipal roads and streets,
access roads, bridges, sidewalks, waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois when such repairs are initiated on facilities
located in the declared disaster area within 6 months after
the disaster.
(26) Beginning July 1, 1999, game or game birds
purchased at a "game breeding and hunting preserve area" or
an "exotic game hunting area" as those terms are used in the
Wildlife Code or at a hunting enclosure approved through
rules adopted by the Department of Natural Resources. This
paragraph is exempt from the provisions of Section 3-90.
(27) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the
Department to be organized and operated exclusively for
educational purposes. For purposes of this exemption, "a
corporation, limited liability company, society, association,
foundation, or institution organized and operated exclusively
for educational purposes" means all tax-supported public
schools, private schools that offer systematic instruction in
useful branches of learning by methods common to public
schools and that compare favorably in their scope and
intensity with the course of study presented in tax-supported
schools, and vocational or technical schools or institutes
organized and operated exclusively to provide a course of
study of not less than 6 weeks duration and designed to
prepare individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial, business, or commercial
occupation.
(28) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary
school, a group of those schools, or one or more school
districts if the events are sponsored by an entity recognized
by the school district that consists primarily of volunteers
and includes parents and teachers of the school children.
This paragraph does not apply to fundraising events (i) for
the benefit of private home instruction or (ii) for which the
fundraising entity purchases the personal property sold at
the events from another individual or entity that sold the
property for the purpose of resale by the fundraising entity
and that profits from the sale to the fundraising entity.
This paragraph is exempt from the provisions of Section 3-90.
(29) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and
other items, and replacement parts for these machines.
Beginning January 1, 2002, machines and parts for machines
used in commercial, coin-operated amusement and vending
business if a use or occupation tax is paid on the gross
receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 3-90.
(30) Food for human consumption that is to be consumed
off the premises where it is sold (other than alcoholic
beverages, soft drinks, and food that has been prepared for
immediate consumption) and prescription and nonprescription
medicines, drugs, medical appliances, and insulin, urine
testing materials, syringes, and needles used by diabetics,
for human use, when purchased for use by a person receiving
medical assistance under Article 5 of the Illinois Public Aid
Code who resides in a licensed long-term care facility, as
defined in the Nursing Home Care Act.
(31) Beginning on the effective date of this amendatory
Act of the 92nd General Assembly, computers and
communications equipment utilized for any hospital purpose
and equipment used in the diagnosis, analysis, or treatment
of hospital patients purchased by a lessor who leases the
equipment, under a lease of one year or longer executed or in
effect at the time the lessor would otherwise be subject to
the tax imposed by this Act, to a hospital that has been
issued an active tax exemption identification number by the
Department under Section 1g of the Retailers' Occupation Tax
Act. If the equipment is leased in a manner that does not
qualify for this exemption or is used in any other nonexempt
manner, the lessor shall be liable for the tax imposed under
this Act or the Service Use Tax Act, as the case may be,
based on the fair market value of the property at the time
the nonqualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Service Use Tax Act, as the case may be, if the
tax has not been paid by the lessor. If a lessor improperly
collects any such amount from the lessee, the lessee shall
have a legal right to claim a refund of that amount from the
lessor. If, however, that amount is not refunded to the
lessee for any reason, the lessor is liable to pay that
amount to the Department. This paragraph is exempt from the
provisions of Section 3-90.
(32) Beginning on the effective date of this amendatory
Act of the 92nd General Assembly, personal property purchased
by a lessor who leases the property, under a lease of one
year or longer executed or in effect at the time the lessor
would otherwise be subject to the tax imposed by this Act, to
a governmental body that has been issued an active sales tax
exemption identification number by the Department under
Section 1g of the Retailers' Occupation Tax Act. If the
property is leased in a manner that does not qualify for this
exemption or used in any other nonexempt manner, the lessor
shall be liable for the tax imposed under this Act or the
Service Use Tax Act, as the case may be, based on the fair
market value of the property at the time the nonqualifying
use occurs. No lessor shall collect or attempt to collect an
amount (however designated) that purports to reimburse that
lessor for the tax imposed by this Act or the Service Use Tax
Act, as the case may be, if the tax has not been paid by the
lessor. If a lessor improperly collects any such amount from
the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that
amount is not refunded to the lessee for any reason, the
lessor is liable to pay that amount to the Department. This
paragraph is exempt from the provisions of Section 3-90.
(Source: P.A. 90-14, eff. 7-1-97; 90-552, eff. 12-12-97;
90-605, eff. 6-30-98; 91-51, eff. 6-30-99; 91-200, eff.
7-20-99; 91-439, eff. 8-6-99; 91-637, eff. 8-20-99; 91-644,
eff. 8-20-99; 91-901, eff. 1-1-01; 92-35, eff. 7-1-01;
92-227, eff. 8-2-01; 92-337, eff. 8-10-01; 92-484, eff.
8-23-01; revised 10-10-01.)
(35 ILCS 105/9) (from Ch. 120, par. 439.9)
Sec. 9. Except as to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered
with an agency of this State, each retailer required or
authorized to collect the tax imposed by this Act shall pay
to the Department the amount of such tax (except as otherwise
provided) at the time when he is required to file his return
for the period during which such tax was collected, less a
discount of 2.1% prior to January 1, 1990, and 1.75% on and
after January 1, 1990, or $5 per calendar year, whichever is
greater, which is allowed to reimburse the retailer for
expenses incurred in collecting the tax, keeping records,
preparing and filing returns, remitting the tax and supplying
data to the Department on request. In the case of retailers
who report and pay the tax on a transaction by transaction
basis, as provided in this Section, such discount shall be
taken with each such tax remittance instead of when such
retailer files his periodic return. A retailer need not
remit that part of any tax collected by him to the extent
that he is required to remit and does remit the tax imposed
by the Retailers' Occupation Tax Act, with respect to the
sale of the same property.
Where such tangible personal property is sold under a
conditional sales contract, or under any other form of sale
wherein the payment of the principal sum, or a part thereof,
is extended beyond the close of the period for which the
return is filed, the retailer, in collecting the tax (except
as to motor vehicles, watercraft, aircraft, and trailers that
are required to be registered with an agency of this State),
may collect for each tax return period, only the tax
applicable to that part of the selling price actually
received during such tax return period.
Except as provided in this Section, on or before the
twentieth day of each calendar month, such retailer shall
file a return for the preceding calendar month. Such return
shall be filed on forms prescribed by the Department and
shall furnish such information as the Department may
reasonably require.
The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of the
calendar month following the end of such calendar quarter.
The taxpayer shall also file a return with the Department for
each of the first two months of each calendar quarter, on or
before the twentieth day of the following calendar month,
stating:
1. The name of the seller;
2. The address of the principal place of business
from which he engages in the business of selling tangible
personal property at retail in this State;
3. The total amount of taxable receipts received by
him during the preceding calendar month from sales of
tangible personal property by him during such preceding
calendar month, including receipts from charge and time
sales, but less all deductions allowed by law;
4. The amount of credit provided in Section 2d of
this Act;
5. The amount of tax due;
5-5. The signature of the taxpayer; and
6. Such other reasonable information as the
Department may require.
If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to
be due on the return shall be deemed assessed.
Beginning October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who has
an average monthly tax liability of $100,000 or more shall
make all payments required by rules of the Department by
electronic funds transfer. Beginning October 1, 1995, a
taxpayer who has an average monthly tax liability of $50,000
or more shall make all payments required by rules of the
Department by electronic funds transfer. Beginning October 1,
2000, a taxpayer who has an annual tax liability of $200,000
or more shall make all payments required by rules of the
Department by electronic funds transfer. The term "annual
tax liability" shall be the sum of the taxpayer's liabilities
under this Act, and under all other State and local
occupation and use tax laws administered by the Department,
for the immediately preceding calendar year. The term
"average monthly tax liability" means the sum of the
taxpayer's liabilities under this Act, and under all other
State and local occupation and use tax laws administered by
the Department, for the immediately preceding calendar year
divided by 12. Beginning on October 1, 2002, a taxpayer who
has a tax liability in the amount set forth in subsection (b)
of Section 2505-210 of the Department of Revenue Law shall
make all payments required by rules of the Department by
electronic funds transfer.
Before August 1 of each year beginning in 1993, the
Department shall notify all taxpayers required to make
payments by electronic funds transfer. All taxpayers required
to make payments by electronic funds transfer shall make
those payments for a minimum of one year beginning on October
1.
Any taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
All taxpayers required to make payment by electronic
funds transfer and any taxpayers authorized to voluntarily
make payments by electronic funds transfer shall make those
payments in the manner authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
Before October 1, 2000, if the taxpayer's average monthly
tax liability to the Department under this Act, the
Retailers' Occupation Tax Act, the Service Occupation Tax
Act, the Service Use Tax Act was $10,000 or more during the
preceding 4 complete calendar quarters, he shall file a
return with the Department each month by the 20th day of the
month next following the month during which such tax
liability is incurred and shall make payments to the
Department on or before the 7th, 15th, 22nd and last day of
the month during which such liability is incurred. On and
after October 1, 2000, if the taxpayer's average monthly tax
liability to the Department under this Act, the Retailers'
Occupation Tax Act, the Service Occupation Tax Act, and the
Service Use Tax Act was $20,000 or more during the preceding
4 complete calendar quarters, he shall file a return with the
Department each month by the 20th day of the month next
following the month during which such tax liability is
incurred and shall make payment to the Department on or
before the 7th, 15th, 22nd and last day of the month during
which such liability is incurred. If the month during which
such tax liability is incurred began prior to January 1,
1985, each payment shall be in an amount equal to 1/4 of the
taxpayer's actual liability for the month or an amount set by
the Department not to exceed 1/4 of the average monthly
liability of the taxpayer to the Department for the preceding
4 complete calendar quarters (excluding the month of highest
liability and the month of lowest liability in such 4 quarter
period). If the month during which such tax liability is
incurred begins on or after January 1, 1985, and prior to
January 1, 1987, each payment shall be in an amount equal to
22.5% of the taxpayer's actual liability for the month or
27.5% of the taxpayer's liability for the same calendar month
of the preceding year. If the month during which such tax
liability is incurred begins on or after January 1, 1987, and
prior to January 1, 1988, each payment shall be in an amount
equal to 22.5% of the taxpayer's actual liability for the
month or 26.25% of the taxpayer's liability for the same
calendar month of the preceding year. If the month during
which such tax liability is incurred begins on or after
January 1, 1988, and prior to January 1, 1989, or begins on
or after January 1, 1996, each payment shall be in an amount
equal to 22.5% of the taxpayer's actual liability for the
month or 25% of the taxpayer's liability for the same
calendar month of the preceding year. If the month during
which such tax liability is incurred begins on or after
January 1, 1989, and prior to January 1, 1996, each payment
shall be in an amount equal to 22.5% of the taxpayer's actual
liability for the month or 25% of the taxpayer's liability
for the same calendar month of the preceding year or 100% of
the taxpayer's actual liability for the quarter monthly
reporting period. The amount of such quarter monthly
payments shall be credited against the final tax liability of
the taxpayer's return for that month. Before October 1,
2000, once applicable, the requirement of the making of
quarter monthly payments to the Department shall continue
until such taxpayer's average monthly liability to the
Department during the preceding 4 complete calendar quarters
(excluding the month of highest liability and the month of
lowest liability) is less than $9,000, or until such
taxpayer's average monthly liability to the Department as
computed for each calendar quarter of the 4 preceding
complete calendar quarter period is less than $10,000.
However, if a taxpayer can show the Department that a
substantial change in the taxpayer's business has occurred
which causes the taxpayer to anticipate that his average
monthly tax liability for the reasonably foreseeable future
will fall below the $10,000 threshold stated above, then such
taxpayer may petition the Department for change in such
taxpayer's reporting status. On and after October 1, 2000,
once applicable, the requirement of the making of quarter
monthly payments to the Department shall continue until such
taxpayer's average monthly liability to the Department during
the preceding 4 complete calendar quarters (excluding the
month of highest liability and the month of lowest liability)
is less than $19,000 or until such taxpayer's average monthly
liability to the Department as computed for each calendar
quarter of the 4 preceding complete calendar quarter period
is less than $20,000. However, if a taxpayer can show the
Department that a substantial change in the taxpayer's
business has occurred which causes the taxpayer to anticipate
that his average monthly tax liability for the reasonably
foreseeable future will fall below the $20,000 threshold
stated above, then such taxpayer may petition the Department
for a change in such taxpayer's reporting status. The
Department shall change such taxpayer's reporting status
unless it finds that such change is seasonal in nature and
not likely to be long term. If any such quarter monthly
payment is not paid at the time or in the amount required by
this Section, then the taxpayer shall be liable for penalties
and interest on the difference between the minimum amount due
and the amount of such quarter monthly payment actually and
timely paid, except insofar as the taxpayer has previously
made payments for that month to the Department in excess of
the minimum payments previously due as provided in this
Section. The Department shall make reasonable rules and
regulations to govern the quarter monthly payment amount and
quarter monthly payment dates for taxpayers who file on other
than a calendar monthly basis.
If any such payment provided for in this Section exceeds
the taxpayer's liabilities under this Act, the Retailers'
Occupation Tax Act, the Service Occupation Tax Act and the
Service Use Tax Act, as shown by an original monthly return,
the Department shall issue to the taxpayer a credit
memorandum no later than 30 days after the date of payment,
which memorandum may be submitted by the taxpayer to the
Department in payment of tax liability subsequently to be
remitted by the taxpayer to the Department or be assigned by
the taxpayer to a similar taxpayer under this Act, the
Retailers' Occupation Tax Act, the Service Occupation Tax Act
or the Service Use Tax Act, in accordance with reasonable
rules and regulations to be prescribed by the Department,
except that if such excess payment is shown on an original
monthly return and is made after December 31, 1986, no credit
memorandum shall be issued, unless requested by the taxpayer.
If no such request is made, the taxpayer may credit such
excess payment against tax liability subsequently to be
remitted by the taxpayer to the Department under this Act,
the Retailers' Occupation Tax Act, the Service Occupation Tax
Act or the Service Use Tax Act, in accordance with reasonable
rules and regulations prescribed by the Department. If the
Department subsequently determines that all or any part of
the credit taken was not actually due to the taxpayer, the
taxpayer's 2.1% or 1.75% vendor's discount shall be reduced
by 2.1% or 1.75% of the difference between the credit taken
and that actually due, and the taxpayer shall be liable for
penalties and interest on such difference.
If the retailer is otherwise required to file a monthly
return and if the retailer's average monthly tax liability to
the Department does not exceed $200, the Department may
authorize his returns to be filed on a quarter annual basis,
with the return for January, February, and March of a given
year being due by April 20 of such year; with the return for
April, May and June of a given year being due by July 20 of
such year; with the return for July, August and September of
a given year being due by October 20 of such year, and with
the return for October, November and December of a given year
being due by January 20 of the following year.
If the retailer is otherwise required to file a monthly
or quarterly return and if the retailer's average monthly tax
liability to the Department does not exceed $50, the
Department may authorize his returns to be filed on an annual
basis, with the return for a given year being due by January
20 of the following year.
Such quarter annual and annual returns, as to form and
substance, shall be subject to the same requirements as
monthly returns.
Notwithstanding any other provision in this Act
concerning the time within which a retailer may file his
return, in the case of any retailer who ceases to engage in a
kind of business which makes him responsible for filing
returns under this Act, such retailer shall file a final
return under this Act with the Department not more than one
month after discontinuing such business.
In addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered
with an agency of this State, every retailer selling this
kind of tangible personal property shall file, with the
Department, upon a form to be prescribed and supplied by the
Department, a separate return for each such item of tangible
personal property which the retailer sells, except that if,
in the same transaction, (i) a retailer of aircraft,
watercraft, motor vehicles or trailers transfers more than
one aircraft, watercraft, motor vehicle or trailer to another
aircraft, watercraft, motor vehicle or trailer retailer for
the purpose of resale or (ii) a retailer of aircraft,
watercraft, motor vehicles, or trailers transfers more than
one aircraft, watercraft, motor vehicle, or trailer to a
purchaser for use as a qualifying rolling stock as provided
in Section 3-55 of this Act, then that seller may report the
transfer of all the aircraft, watercraft, motor vehicles or
trailers involved in that transaction to the Department on
the same uniform invoice-transaction reporting return form.
For purposes of this Section, "watercraft" means a Class 2,
Class 3, or Class 4 watercraft as defined in Section 3-2 of
the Boat Registration and Safety Act, a personal watercraft,
or any boat equipped with an inboard motor.
The transaction reporting return in the case of motor
vehicles or trailers that are required to be registered with
an agency of this State, shall be the same document as the
Uniform Invoice referred to in Section 5-402 of the Illinois
Vehicle Code and must show the name and address of the
seller; the name and address of the purchaser; the amount of
the selling price including the amount allowed by the
retailer for traded-in property, if any; the amount allowed
by the retailer for the traded-in tangible personal property,
if any, to the extent to which Section 2 of this Act allows
an exemption for the value of traded-in property; the balance
payable after deducting such trade-in allowance from the
total selling price; the amount of tax due from the retailer
with respect to such transaction; the amount of tax collected
from the purchaser by the retailer on such transaction (or
satisfactory evidence that such tax is not due in that
particular instance, if that is claimed to be the fact); the
place and date of the sale; a sufficient identification of
the property sold; such other information as is required in
Section 5-402 of the Illinois Vehicle Code, and such other
information as the Department may reasonably require.
The transaction reporting return in the case of
watercraft and aircraft must show the name and address of the
seller; the name and address of the purchaser; the amount of
the selling price including the amount allowed by the
retailer for traded-in property, if any; the amount allowed
by the retailer for the traded-in tangible personal property,
if any, to the extent to which Section 2 of this Act allows
an exemption for the value of traded-in property; the balance
payable after deducting such trade-in allowance from the
total selling price; the amount of tax due from the retailer
with respect to such transaction; the amount of tax collected
from the purchaser by the retailer on such transaction (or
satisfactory evidence that such tax is not due in that
particular instance, if that is claimed to be the fact); the
place and date of the sale, a sufficient identification of
the property sold, and such other information as the
Department may reasonably require.
Such transaction reporting return shall be filed not
later than 20 days after the date of delivery of the item
that is being sold, but may be filed by the retailer at any
time sooner than that if he chooses to do so. The
transaction reporting return and tax remittance or proof of
exemption from the tax that is imposed by this Act may be
transmitted to the Department by way of the State agency with
which, or State officer with whom, the tangible personal
property must be titled or registered (if titling or
registration is required) if the Department and such agency
or State officer determine that this procedure will expedite
the processing of applications for title or registration.
With each such transaction reporting return, the retailer
shall remit the proper amount of tax due (or shall submit
satisfactory evidence that the sale is not taxable if that is
the case), to the Department or its agents, whereupon the
Department shall issue, in the purchaser's name, a tax
receipt (or a certificate of exemption if the Department is
satisfied that the particular sale is tax exempt) which such
purchaser may submit to the agency with which, or State
officer with whom, he must title or register the tangible
personal property that is involved (if titling or
registration is required) in support of such purchaser's
application for an Illinois certificate or other evidence of
title or registration to such tangible personal property.
No retailer's failure or refusal to remit tax under this
Act precludes a user, who has paid the proper tax to the
retailer, from obtaining his certificate of title or other
evidence of title or registration (if titling or registration
is required) upon satisfying the Department that such user
has paid the proper tax (if tax is due) to the retailer. The
Department shall adopt appropriate rules to carry out the
mandate of this paragraph.
If the user who would otherwise pay tax to the retailer
wants the transaction reporting return filed and the payment
of tax or proof of exemption made to the Department before
the retailer is willing to take these actions and such user
has not paid the tax to the retailer, such user may certify
to the fact of such delay by the retailer, and may (upon the
Department being satisfied of the truth of such
certification) transmit the information required by the
transaction reporting return and the remittance for tax or
proof of exemption directly to the Department and obtain his
tax receipt or exemption determination, in which event the
transaction reporting return and tax remittance (if a tax
payment was required) shall be credited by the Department to
the proper retailer's account with the Department, but
without the 2.1% or 1.75% discount provided for in this
Section being allowed. When the user pays the tax directly
to the Department, he shall pay the tax in the same amount
and in the same form in which it would be remitted if the tax
had been remitted to the Department by the retailer.
Where a retailer collects the tax with respect to the
selling price of tangible personal property which he sells
and the purchaser thereafter returns such tangible personal
property and the retailer refunds the selling price thereof
to the purchaser, such retailer shall also refund, to the
purchaser, the tax so collected from the purchaser. When
filing his return for the period in which he refunds such tax
to the purchaser, the retailer may deduct the amount of the
tax so refunded by him to the purchaser from any other use
tax which such retailer may be required to pay or remit to
the Department, as shown by such return, if the amount of the
tax to be deducted was previously remitted to the Department
by such retailer. If the retailer has not previously
remitted the amount of such tax to the Department, he is
entitled to no deduction under this Act upon refunding such
tax to the purchaser.
Any retailer filing a return under this Section shall
also include (for the purpose of paying tax thereon) the
total tax covered by such return upon the selling price of
tangible personal property purchased by him at retail from a
retailer, but as to which the tax imposed by this Act was not
collected from the retailer filing such return, and such
retailer shall remit the amount of such tax to the Department
when filing such return.
If experience indicates such action to be practicable,
the Department may prescribe and furnish a combination or
joint return which will enable retailers, who are required to
file returns hereunder and also under the Retailers'
Occupation Tax Act, to furnish all the return information
required by both Acts on the one form.
Where the retailer has more than one business registered
with the Department under separate registration under this
Act, such retailer may not file each return that is due as a
single return covering all such registered businesses, but
shall file separate returns for each such registered
business.
Beginning January 1, 1990, each month the Department
shall pay into the State and Local Sales Tax Reform Fund, a
special fund in the State Treasury which is hereby created,
the net revenue realized for the preceding month from the 1%
tax on sales of food for human consumption which is to be
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks and food which has been
prepared for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances and
insulin, urine testing materials, syringes and needles used
by diabetics.
Beginning January 1, 1990, each month the Department
shall pay into the County and Mass Transit District Fund 4%
of the net revenue realized for the preceding month from the
6.25% general rate on the selling price of tangible personal
property which is purchased outside Illinois at retail from a
retailer and which is titled or registered by an agency of
this State's government.
Beginning January 1, 1990, each month the Department
shall pay into the State and Local Sales Tax Reform Fund, a
special fund in the State Treasury, 20% of the net revenue
realized for the preceding month from the 6.25% general rate
on the selling price of tangible personal property, other
than tangible personal property which is purchased outside
Illinois at retail from a retailer and which is titled or
registered by an agency of this State's government.
Beginning August 1, 2000, each month the Department shall
pay into the State and Local Sales Tax Reform Fund 100% of
the net revenue realized for the preceding month from the
1.25% rate on the selling price of motor fuel and gasohol.
Beginning January 1, 1990, each month the Department
shall pay into the Local Government Tax Fund 16% of the net
revenue realized for the preceding month from the 6.25%
general rate on the selling price of tangible personal
property which is purchased outside Illinois at retail from a
retailer and which is titled or registered by an agency of
this State's government.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into
the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
and on and after July 1, 1989, 3.8% thereof shall be paid
into the Build Illinois Fund; provided, however, that if in
any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
as the case may be, of the moneys received by the Department
and required to be paid into the Build Illinois Fund pursuant
to Section 3 of the Retailers' Occupation Tax Act, Section 9
of the Use Tax Act, Section 9 of the Service Use Tax Act, and
Section 9 of the Service Occupation Tax Act, such Acts being
hereinafter called the "Tax Acts" and such aggregate of 2.2%
or 3.8%, as the case may be, of moneys being hereinafter
called the "Tax Act Amount", and (2) the amount transferred
to the Build Illinois Fund from the State and Local Sales Tax
Reform Fund shall be less than the Annual Specified Amount
(as defined in Section 3 of the Retailers' Occupation Tax
Act), an amount equal to the difference shall be immediately
paid into the Build Illinois Fund from other moneys received
by the Department pursuant to the Tax Acts; and further
provided, that if on the last business day of any month the
sum of (1) the Tax Act Amount required to be deposited into
the Build Illinois Bond Account in the Build Illinois Fund
during such month and (2) the amount transferred during such
month to the Build Illinois Fund from the State and Local
Sales Tax Reform Fund shall have been less than 1/12 of the
Annual Specified Amount, an amount equal to the difference
shall be immediately paid into the Build Illinois Fund from
other moneys received by the Department pursuant to the Tax
Acts; and, further provided, that in no event shall the
payments required under the preceding proviso result in
aggregate payments into the Build Illinois Fund pursuant to
this clause (b) for any fiscal year in excess of the greater
of (i) the Tax Act Amount or (ii) the Annual Specified Amount
for such fiscal year; and, further provided, that the amounts
payable into the Build Illinois Fund under this clause (b)
shall be payable only until such time as the aggregate amount
on deposit under each trust indenture securing Bonds issued
and outstanding pursuant to the Build Illinois Bond Act is
sufficient, taking into account any future investment income,
to fully provide, in accordance with such indenture, for the
defeasance of or the payment of the principal of, premium, if
any, and interest on the Bonds secured by such indenture and
on any Bonds expected to be issued thereafter and all fees
and costs payable with respect thereto, all as certified by
the Director of the Bureau of the Budget. If on the last
business day of any month in which Bonds are outstanding
pursuant to the Build Illinois Bond Act, the aggregate of the
moneys deposited in the Build Illinois Bond Account in the
Build Illinois Fund in such month shall be less than the
amount required to be transferred in such month from the
Build Illinois Bond Account to the Build Illinois Bond
Retirement and Interest Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to such deficiency
shall be immediately paid from other moneys received by the
Department pursuant to the Tax Acts to the Build Illinois
Fund; provided, however, that any amounts paid to the Build
Illinois Fund in any fiscal year pursuant to this sentence
shall be deemed to constitute payments pursuant to clause (b)
of the preceding sentence and shall reduce the amount
otherwise payable for such fiscal year pursuant to clause (b)
of the preceding sentence. The moneys received by the
Department pursuant to this Act and required to be deposited
into the Build Illinois Fund are subject to the pledge, claim
and charge set forth in Section 12 of the Build Illinois Bond
Act.
Subject to payment of amounts into the Build Illinois
Fund as provided in the preceding paragraph or in any
amendment thereto hereafter enacted, the following specified
monthly installment of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority provided under Section 8.25f of the
State Finance Act, but not in excess of the sums designated
as "Total Deposit", shall be deposited in the aggregate from
collections under Section 9 of the Use Tax Act, Section 9 of
the Service Use Tax Act, Section 9 of the Service Occupation
Tax Act, and Section 3 of the Retailers' Occupation Tax Act
into the McCormick Place Expansion Project Fund in the
specified fiscal years.
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 93,000,000
2003 99,000,000
2004 103,000,000
2005 108,000,000
2006 113,000,000
2007 119,000,000
2008 126,000,000
2009 132,000,000
2010 139,000,000
2011 146,000,000
2012 153,000,000
2013 161,000,000
2014 170,000,000
2015 179,000,000
2016 189,000,000
2017 199,000,000
2018 210,000,000
2019 221,000,000
2020 233,000,000
2021 246,000,000
2022 260,000,000
2023 and 275,000,000
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority
Act, but not after fiscal year 2042.
Beginning July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority for that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under subsection
(g) of Section 13 of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in the deposits
required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for the fiscal year,
but not in excess of the amount specified above as "Total
Deposit", has been deposited.
Subject to payment of amounts into the Build Illinois
Fund and the McCormick Place Expansion Project Fund pursuant
to the preceding paragraphs or in any amendment thereto
hereafter enacted, each month the Department shall pay into
the Local Government Distributive Fund .4% of the net revenue
realized for the preceding month from the 5% general rate, or
.4% of 80% of the net revenue realized for the preceding
month from the 6.25% general rate, as the case may be, on the
selling price of tangible personal property which amount
shall, subject to appropriation, be distributed as provided
in Section 2 of the State Revenue Sharing Act. No payments or
distributions pursuant to this paragraph shall be made if the
tax imposed by this Act on photoprocessing products is
declared unconstitutional, or if the proceeds from such tax
are unavailable for distribution because of litigation.
Subject to payment of amounts into the Build Illinois
Fund, the McCormick Place Expansion Project Fund, and the
Local Government Distributive Fund pursuant to the preceding
paragraphs or in any amendments thereto hereafter enacted,
beginning July 1, 1993, the Department shall each month pay
into the Illinois Tax Increment Fund 0.27% of 80% of the net
revenue realized for the preceding month from the 6.25%
general rate on the selling price of tangible personal
property.
Subject to payment of amounts into the Build Illinois
Fund, the McCormick Place Expansion Project Fund, and the
Local Government Distributive Fund pursuant to the preceding
paragraphs or in any amendments thereto hereafter enacted,
beginning with the receipt of the first report of taxes paid
by an eligible business and continuing for a 25-year period,
the Department shall each month pay into the Energy
Infrastructure Fund 80% of the net revenue realized from the
6.25% general rate on the selling price of Illinois-mined
coal that was sold to an eligible business. For purposes of
this paragraph, the term "eligible business" means a new
electric generating facility certified pursuant to Section
605-332 of the Department of Commerce and Community Affairs
Law of the Civil Administrative Code of Illinois.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the
State Treasury and 25% shall be reserved in a special account
and used only for the transfer to the Common School Fund as
part of the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
As soon as possible after the first day of each month,
upon certification of the Department of Revenue, the
Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Motor Fuel Tax
Fund an amount equal to 1.7% of 80% of the net revenue
realized under this Act for the second preceding month.
Beginning April 1, 2000, this transfer is no longer required
and shall not be made.
Net revenue realized for a month shall be the revenue
collected by the State pursuant to this Act, less the amount
paid out during that month as refunds to taxpayers for
overpayment of liability.
For greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold at retail
in Illinois by numerous retailers, and who wish to do so, may
assume the responsibility for accounting and paying to the
Department all tax accruing under this Act with respect to
such sales, if the retailers who are affected do not make
written objection to the Department to this arrangement.
(Source: P.A. 91-37, eff. 7-1-99; 91-51, eff. 6-30-99;
91-101, eff. 7-12-99; 91-541, eff. 8-13-99; 91-872, eff.
7-1-00; 91-901, eff. 1-1-01; 92-12, eff. 7-1-01; 92-16, eff.
6-28-01; 92-208, eff. 8-2-01; 92-492, eff. 1-1-02; revised
9-14-01.)
Section 26. The Service Use Tax Act is amended by
changing Sections 3-5 and 9 as follows:
(35 ILCS 110/3-5) (from Ch. 120, par. 439.33-5)
Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
(1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
(2) Personal property purchased by a non-profit Illinois
county fair association for use in conducting, operating, or
promoting the county fair.
(3) Personal property purchased by a not-for-profit arts
or cultural organization that establishes, by proof required
by the Department by rule, that it has received an exemption
under Section 501(c)(3) of the Internal Revenue Code and that
is organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited
to, music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts
organizations, and media arts organizations. On and after the
effective date of this amendatory Act of the 92nd General
Assembly, however, an entity otherwise eligible for this
exemption shall not make tax-free purchases unless it has an
active identification number issued by the Department.
(4) Legal tender, currency, medallions, or gold or
silver coinage issued by the State of Illinois, the
government of the United States of America, or the government
of any foreign country, and bullion.
(5) Graphic arts machinery and equipment, including
repair and replacement parts, both new and used, and
including that manufactured on special order or purchased for
lease, certified by the purchaser to be used primarily for
graphic arts production. Equipment includes chemicals or
chemicals acting as catalysts but only if the chemicals or
chemicals acting as catalysts effect a direct and immediate
change upon a graphic arts product.
(6) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by
the purchaser to be used primarily for production agriculture
or State or federal agricultural programs, including
individual replacement parts for the machinery and equipment,
including machinery and equipment purchased for lease, and
including implements of husbandry defined in Section 1-130 of
the Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required
to be registered under Section 3-809 of the Illinois Vehicle
Code, but excluding other motor vehicles required to be
registered under the Illinois Vehicle Code. Horticultural
polyhouses or hoop houses used for propagating, growing, or
overwintering plants shall be considered farm machinery and
equipment under this item (7). Agricultural chemical tender
tanks and dry boxes shall include units sold separately from
a motor vehicle required to be licensed and units sold
mounted on a motor vehicle required to be licensed if the
selling price of the tender is separately stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters,
seeders, or spreaders. Precision farming equipment includes,
but is not limited to, soil testing sensors, computers,
monitors, software, global positioning and mapping systems,
and other such equipment.
Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in
the computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not
limited to, the collection, monitoring, and correlation of
animal and crop data for the purpose of formulating animal
diets and agricultural chemicals. This item (7) is exempt
from the provisions of Section 3-75.
(8) Fuel and petroleum products sold to or used by an
air common carrier, certified by the carrier to be used for
consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight destined for
or returning from a location or locations outside the United
States without regard to previous or subsequent domestic
stopovers.
(9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption
of food and beverages acquired as an incident to the purchase
of a service from a serviceman, to the extent that the
proceeds of the service charge are in fact turned over as
tips or as a substitute for tips to the employees who
participate directly in preparing, serving, hosting or
cleaning up the food or beverage function with respect to
which the service charge is imposed.
(10) Oil field exploration, drilling, and production
equipment, including (i) rigs and parts of rigs, rotary rigs,
cable tool rigs, and workover rigs, (ii) pipe and tubular
goods, including casing and drill strings, (iii) pumps and
pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(11) Proceeds from the sale of photoprocessing machinery
and equipment, including repair and replacement parts, both
new and used, including that manufactured on special order,
certified by the purchaser to be used primarily for
photoprocessing, and including photoprocessing machinery and
equipment purchased for lease.
(12) Coal exploration, mining, offhighway hauling,
processing, maintenance, and reclamation equipment, including
replacement parts and equipment, and including equipment
purchased for lease, but excluding motor vehicles required to
be registered under the Illinois Vehicle Code.
(13) Semen used for artificial insemination of livestock
for direct agricultural production.
(14) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
(15) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the equipment is leased
in a manner that does not qualify for this exemption or is
used in any other non-exempt manner, the lessor shall be
liable for the tax imposed under this Act or the Use Tax Act,
as the case may be, based on the fair market value of the
property at the time the non-qualifying use occurs. No
lessor shall collect or attempt to collect an amount (however
designated) that purports to reimburse that lessor for the
tax imposed by this Act or the Use Tax Act, as the case may
be, if the tax has not been paid by the lessor. If a lessor
improperly collects any such amount from the lessee, the
lessee shall have a legal right to claim a refund of that
amount from the lessor. If, however, that amount is not
refunded to the lessee for any reason, the lessor is liable
to pay that amount to the Department.
(16) Personal property purchased by a lessor who leases
the property, under a lease of one year or longer executed or
in effect at the time the lessor would otherwise be subject
to the tax imposed by this Act, to a governmental body that
has been issued an active tax exemption identification number
by the Department under Section 1g of the Retailers'
Occupation Tax Act. If the property is leased in a manner
that does not qualify for this exemption or is used in any
other non-exempt manner, the lessor shall be liable for the
tax imposed under this Act or the Use Tax Act, as the case
may be, based on the fair market value of the property at the
time the non-qualifying use occurs. No lessor shall collect
or attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Use Tax Act, as the case may be, if the tax has
not been paid by the lessor. If a lessor improperly collects
any such amount from the lessee, the lessee shall have a
legal right to claim a refund of that amount from the lessor.
If, however, that amount is not refunded to the lessee for
any reason, the lessor is liable to pay that amount to the
Department.
(17) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated
for disaster relief to be used in a State or federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to
a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption
identification number by the Department that assists victims
of the disaster who reside within the declared disaster area.
(18) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in
the performance of infrastructure repairs in this State,
including but not limited to municipal roads and streets,
access roads, bridges, sidewalks, waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois when such repairs are initiated on facilities
located in the declared disaster area within 6 months after
the disaster.
(19) Beginning July 1, 1999, game or game birds
purchased at a "game breeding and hunting preserve area" or
an "exotic game hunting area" as those terms are used in the
Wildlife Code or at a hunting enclosure approved through
rules adopted by the Department of Natural Resources. This
paragraph is exempt from the provisions of Section 3-75.
(20) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the
Department to be organized and operated exclusively for
educational purposes. For purposes of this exemption, "a
corporation, limited liability company, society, association,
foundation, or institution organized and operated exclusively
for educational purposes" means all tax-supported public
schools, private schools that offer systematic instruction in
useful branches of learning by methods common to public
schools and that compare favorably in their scope and
intensity with the course of study presented in tax-supported
schools, and vocational or technical schools or institutes
organized and operated exclusively to provide a course of
study of not less than 6 weeks duration and designed to
prepare individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial, business, or commercial
occupation.
(21) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary
school, a group of those schools, or one or more school
districts if the events are sponsored by an entity recognized
by the school district that consists primarily of volunteers
and includes parents and teachers of the school children.
This paragraph does not apply to fundraising events (i) for
the benefit of private home instruction or (ii) for which the
fundraising entity purchases the personal property sold at
the events from another individual or entity that sold the
property for the purpose of resale by the fundraising entity
and that profits from the sale to the fundraising entity.
This paragraph is exempt from the provisions of Section 3-75.
(22) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and
other items, and replacement parts for these machines.
Beginning January 1, 2002, machines and parts for machines
used in commercial, coin-operated amusement and vending
business if a use or occupation tax is paid on the gross
receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 3-75.
(23) Food for human consumption that is to be consumed
off the premises where it is sold (other than alcoholic
beverages, soft drinks, and food that has been prepared for
immediate consumption) and prescription and nonprescription
medicines, drugs, medical appliances, and insulin, urine
testing materials, syringes, and needles used by diabetics,
for human use, when purchased for use by a person receiving
medical assistance under Article 5 of the Illinois Public Aid
Code who resides in a licensed long-term care facility, as
defined in the Nursing Home Care Act.
(24) (23) Beginning on the effective date of this
amendatory Act of the 92nd General Assembly, computers and
communications equipment utilized for any hospital purpose
and equipment used in the diagnosis, analysis, or treatment
of hospital patients purchased by a lessor who leases the
equipment, under a lease of one year or longer executed or in
effect at the time the lessor would otherwise be subject to
the tax imposed by this Act, to a hospital that has been
issued an active tax exemption identification number by the
Department under Section 1g of the Retailers' Occupation Tax
Act. If the equipment is leased in a manner that does not
qualify for this exemption or is used in any other nonexempt
manner, the lessor shall be liable for the tax imposed under
this Act or the Use Tax Act, as the case may be, based on the
fair market value of the property at the time the
nonqualifying use occurs. No lessor shall collect or attempt
to collect an amount (however designated) that purports to
reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid
by the lessor. If a lessor improperly collects any such
amount from the lessee, the lessee shall have a legal right
to claim a refund of that amount from the lessor. If,
however, that amount is not refunded to the lessee for any
reason, the lessor is liable to pay that amount to the
Department. This paragraph is exempt from the provisions of
Section 3-75.
(25) (24) Beginning on the effective date of this
amendatory Act of the 92nd General Assembly, personal
property purchased by a lessor who leases the property, under
a lease of one year or longer executed or in effect at the
time the lessor would otherwise be subject to the tax imposed
by this Act, to a governmental body that has been issued an
active tax exemption identification number by the Department
under Section 1g of the Retailers' Occupation Tax Act. If
the property is leased in a manner that does not qualify for
this exemption or is used in any other nonexempt manner, the
lessor shall be liable for the tax imposed under this Act or
the Use Tax Act, as the case may be, based on the fair market
value of the property at the time the nonqualifying use
occurs. No lessor shall collect or attempt to collect an
amount (however designated) that purports to reimburse that
lessor for the tax imposed by this Act or the Use Tax Act, as
the case may be, if the tax has not been paid by the lessor.
If a lessor improperly collects any such amount from the
lessee, the lessee shall have a legal right to claim a refund
of that amount from the lessor. If, however, that amount is
not refunded to the lessee for any reason, the lessor is
liable to pay that amount to the Department. This paragraph
is exempt from the provisions of Section 3-75.
(Source: P.A. 91-51, eff. 6-30-99; 91-200, eff. 7-20-99;
91-439, eff. 8-6-99; 91-637, eff. 8-20-99; 91-644, eff.
8-20-99; 92-16, eff. 6-28-01; 92-35, eff. 7-1-01; 92-227,
eff. 8-2-01; 92-337, eff. 8-10-01; 92-484, eff. 8-23-01;
revised 10-10-01.)
(35 ILCS 110/9) (from Ch. 120, par. 439.39)
Sec. 9. Each serviceman required or authorized to
collect the tax herein imposed shall pay to the Department
the amount of such tax (except as otherwise provided) at the
time when he is required to file his return for the period
during which such tax was collected, less a discount of 2.1%
prior to January 1, 1990 and 1.75% on and after January 1,
1990, or $5 per calendar year, whichever is greater, which is
allowed to reimburse the serviceman for expenses incurred in
collecting the tax, keeping records, preparing and filing
returns, remitting the tax and supplying data to the
Department on request. A serviceman need not remit that part
of any tax collected by him to the extent that he is required
to pay and does pay the tax imposed by the Service Occupation
Tax Act with respect to his sale of service involving the
incidental transfer by him of the same property.
Except as provided hereinafter in this Section, on or
before the twentieth day of each calendar month, such
serviceman shall file a return for the preceding calendar
month in accordance with reasonable Rules and Regulations to
be promulgated by the Department. Such return shall be filed
on a form prescribed by the Department and shall contain such
information as the Department may reasonably require.
The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of the
calendar month following the end of such calendar quarter.
The taxpayer shall also file a return with the Department for
each of the first two months of each calendar quarter, on or
before the twentieth day of the following calendar month,
stating:
1. The name of the seller;
2. The address of the principal place of business
from which he engages in business as a serviceman in this
State;
3. The total amount of taxable receipts received by
him during the preceding calendar month, including
receipts from charge and time sales, but less all
deductions allowed by law;
4. The amount of credit provided in Section 2d of
this Act;
5. The amount of tax due;
5-5. The signature of the taxpayer; and
6. Such other reasonable information as the
Department may require.
If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to
be due on the return shall be deemed assessed.
Beginning October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who
has an average monthly tax liability of $100,000 or more
shall make all payments required by rules of the Department
by electronic funds transfer. Beginning October 1, 1995, a
taxpayer who has an average monthly tax liability of $50,000
or more shall make all payments required by rules of the
Department by electronic funds transfer. Beginning October 1,
2000, a taxpayer who has an annual tax liability of $200,000
or more shall make all payments required by rules of the
Department by electronic funds transfer. The term "annual
tax liability" shall be the sum of the taxpayer's liabilities
under this Act, and under all other State and local
occupation and use tax laws administered by the Department,
for the immediately preceding calendar year. The term
"average monthly tax liability" means the sum of the
taxpayer's liabilities under this Act, and under all other
State and local occupation and use tax laws administered by
the Department, for the immediately preceding calendar year
divided by 12. Beginning on October 1, 2002, a taxpayer who
has a tax liability in the amount set forth in subsection (b)
of Section 2505-210 of the Department of Revenue Law shall
make all payments required by rules of the Department by
electronic funds transfer.
Before August 1 of each year beginning in 1993, the
Department shall notify all taxpayers required to make
payments by electronic funds transfer. All taxpayers required
to make payments by electronic funds transfer shall make
those payments for a minimum of one year beginning on October
1.
Any taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
All taxpayers required to make payment by electronic
funds transfer and any taxpayers authorized to voluntarily
make payments by electronic funds transfer shall make those
payments in the manner authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
If the serviceman is otherwise required to file a monthly
return and if the serviceman's average monthly tax liability
to the Department does not exceed $200, the Department may
authorize his returns to be filed on a quarter annual basis,
with the return for January, February and March of a given
year being due by April 20 of such year; with the return for
April, May and June of a given year being due by July 20 of
such year; with the return for July, August and September of
a given year being due by October 20 of such year, and with
the return for October, November and December of a given year
being due by January 20 of the following year.
If the serviceman is otherwise required to file a monthly
or quarterly return and if the serviceman's average monthly
tax liability to the Department does not exceed $50, the
Department may authorize his returns to be filed on an annual
basis, with the return for a given year being due by January
20 of the following year.
Such quarter annual and annual returns, as to form and
substance, shall be subject to the same requirements as
monthly returns.
Notwithstanding any other provision in this Act
concerning the time within which a serviceman may file his
return, in the case of any serviceman who ceases to engage in
a kind of business which makes him responsible for filing
returns under this Act, such serviceman shall file a final
return under this Act with the Department not more than 1
month after discontinuing such business.
Where a serviceman collects the tax with respect to the
selling price of property which he sells and the purchaser
thereafter returns such property and the serviceman refunds
the selling price thereof to the purchaser, such serviceman
shall also refund, to the purchaser, the tax so collected
from the purchaser. When filing his return for the period in
which he refunds such tax to the purchaser, the serviceman
may deduct the amount of the tax so refunded by him to the
purchaser from any other Service Use Tax, Service Occupation
Tax, retailers' occupation tax or use tax which such
serviceman may be required to pay or remit to the Department,
as shown by such return, provided that the amount of the tax
to be deducted shall previously have been remitted to the
Department by such serviceman. If the serviceman shall not
previously have remitted the amount of such tax to the
Department, he shall be entitled to no deduction hereunder
upon refunding such tax to the purchaser.
Any serviceman filing a return hereunder shall also
include the total tax upon the selling price of tangible
personal property purchased for use by him as an incident to
a sale of service, and such serviceman shall remit the amount
of such tax to the Department when filing such return.
If experience indicates such action to be practicable,
the Department may prescribe and furnish a combination or
joint return which will enable servicemen, who are required
to file returns hereunder and also under the Service
Occupation Tax Act, to furnish all the return information
required by both Acts on the one form.
Where the serviceman has more than one business
registered with the Department under separate registration
hereunder, such serviceman shall not file each return that is
due as a single return covering all such registered
businesses, but shall file separate returns for each such
registered business.
Beginning January 1, 1990, each month the Department
shall pay into the State and Local Tax Reform Fund, a special
fund in the State Treasury, the net revenue realized for the
preceding month from the 1% tax on sales of food for human
consumption which is to be consumed off the premises where it
is sold (other than alcoholic beverages, soft drinks and food
which has been prepared for immediate consumption) and
prescription and nonprescription medicines, drugs, medical
appliances and insulin, urine testing materials, syringes and
needles used by diabetics.
Beginning January 1, 1990, each month the Department
shall pay into the State and Local Sales Tax Reform Fund 20%
of the net revenue realized for the preceding month from the
6.25% general rate on transfers of tangible personal
property, other than tangible personal property which is
purchased outside Illinois at retail from a retailer and
which is titled or registered by an agency of this State's
government.
Beginning August 1, 2000, each month the Department shall
pay into the State and Local Sales Tax Reform Fund 100% of
the net revenue realized for the preceding month from the
1.25% rate on the selling price of motor fuel and gasohol.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into
the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
and on and after July 1, 1989, 3.8% thereof shall be paid
into the Build Illinois Fund; provided, however, that if in
any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
as the case may be, of the moneys received by the Department
and required to be paid into the Build Illinois Fund pursuant
to Section 3 of the Retailers' Occupation Tax Act, Section 9
of the Use Tax Act, Section 9 of the Service Use Tax Act, and
Section 9 of the Service Occupation Tax Act, such Acts being
hereinafter called the "Tax Acts" and such aggregate of 2.2%
or 3.8%, as the case may be, of moneys being hereinafter
called the "Tax Act Amount", and (2) the amount transferred
to the Build Illinois Fund from the State and Local Sales Tax
Reform Fund shall be less than the Annual Specified Amount
(as defined in Section 3 of the Retailers' Occupation Tax
Act), an amount equal to the difference shall be immediately
paid into the Build Illinois Fund from other moneys received
by the Department pursuant to the Tax Acts; and further
provided, that if on the last business day of any month the
sum of (1) the Tax Act Amount required to be deposited into
the Build Illinois Bond Account in the Build Illinois Fund
during such month and (2) the amount transferred during such
month to the Build Illinois Fund from the State and Local
Sales Tax Reform Fund shall have been less than 1/12 of the
Annual Specified Amount, an amount equal to the difference
shall be immediately paid into the Build Illinois Fund from
other moneys received by the Department pursuant to the Tax
Acts; and, further provided, that in no event shall the
payments required under the preceding proviso result in
aggregate payments into the Build Illinois Fund pursuant to
this clause (b) for any fiscal year in excess of the greater
of (i) the Tax Act Amount or (ii) the Annual Specified Amount
for such fiscal year; and, further provided, that the amounts
payable into the Build Illinois Fund under this clause (b)
shall be payable only until such time as the aggregate amount
on deposit under each trust indenture securing Bonds issued
and outstanding pursuant to the Build Illinois Bond Act is
sufficient, taking into account any future investment income,
to fully provide, in accordance with such indenture, for the
defeasance of or the payment of the principal of, premium, if
any, and interest on the Bonds secured by such indenture and
on any Bonds expected to be issued thereafter and all fees
and costs payable with respect thereto, all as certified by
the Director of the Bureau of the Budget. If on the last
business day of any month in which Bonds are outstanding
pursuant to the Build Illinois Bond Act, the aggregate of the
moneys deposited in the Build Illinois Bond Account in the
Build Illinois Fund in such month shall be less than the
amount required to be transferred in such month from the
Build Illinois Bond Account to the Build Illinois Bond
Retirement and Interest Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to such deficiency
shall be immediately paid from other moneys received by the
Department pursuant to the Tax Acts to the Build Illinois
Fund; provided, however, that any amounts paid to the Build
Illinois Fund in any fiscal year pursuant to this sentence
shall be deemed to constitute payments pursuant to clause (b)
of the preceding sentence and shall reduce the amount
otherwise payable for such fiscal year pursuant to clause (b)
of the preceding sentence. The moneys received by the
Department pursuant to this Act and required to be deposited
into the Build Illinois Fund are subject to the pledge, claim
and charge set forth in Section 12 of the Build Illinois Bond
Act.
Subject to payment of amounts into the Build Illinois
Fund as provided in the preceding paragraph or in any
amendment thereto hereafter enacted, the following specified
monthly installment of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority provided under Section 8.25f of the
State Finance Act, but not in excess of the sums designated
as "Total Deposit", shall be deposited in the aggregate from
collections under Section 9 of the Use Tax Act, Section 9 of
the Service Use Tax Act, Section 9 of the Service Occupation
Tax Act, and Section 3 of the Retailers' Occupation Tax Act
into the McCormick Place Expansion Project Fund in the
specified fiscal years.
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 93,000,000
2003 99,000,000
2004 103,000,000
2005 108,000,000
2006 113,000,000
2007 119,000,000
2008 126,000,000
2009 132,000,000
2010 139,000,000
2011 146,000,000
2012 153,000,000
2013 161,000,000
2014 170,000,000
2015 179,000,000
2016 189,000,000
2017 199,000,000
2018 210,000,000
2019 221,000,000
2020 233,000,000
2021 246,000,000
2022 260,000,000
2023 and 275,000,000
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority Act,
but not after fiscal year 2042.
Beginning July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority for that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under subsection
(g) of Section 13 of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in the deposits
required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for the fiscal year,
but not in excess of the amount specified above as "Total
Deposit", has been deposited.
Subject to payment of amounts into the Build Illinois
Fund and the McCormick Place Expansion Project Fund pursuant
to the preceding paragraphs or in any amendment thereto
hereafter enacted, each month the Department shall pay into
the Local Government Distributive Fund 0.4% of the net
revenue realized for the preceding month from the 5% general
rate or 0.4% of 80% of the net revenue realized for the
preceding month from the 6.25% general rate, as the case may
be, on the selling price of tangible personal property which
amount shall, subject to appropriation, be distributed as
provided in Section 2 of the State Revenue Sharing Act. No
payments or distributions pursuant to this paragraph shall be
made if the tax imposed by this Act on photo processing
products is declared unconstitutional, or if the proceeds
from such tax are unavailable for distribution because of
litigation.
Subject to payment of amounts into the Build Illinois
Fund, the McCormick Place Expansion Project Fund, and the
Local Government Distributive Fund pursuant to the preceding
paragraphs or in any amendments thereto hereafter enacted,
beginning July 1, 1993, the Department shall each month pay
into the Illinois Tax Increment Fund 0.27% of 80% of the net
revenue realized for the preceding month from the 6.25%
general rate on the selling price of tangible personal
property.
Subject to payment of amounts into the Build Illinois
Fund, the McCormick Place Expansion Project Fund, and the
Local Government Distributive Fund pursuant to the preceding
paragraphs or in any amendments thereto hereafter enacted,
beginning with the receipt of the first report of taxes paid
by an eligible business and continuing for a 25-year period,
the Department shall each month pay into the Energy
Infrastructure Fund 80% of the net revenue realized from the
6.25% general rate on the selling price of Illinois-mined
coal that was sold to an eligible business. For purposes of
this paragraph, the term "eligible business" means a new
electric generating facility certified pursuant to Section
605-332 of the Department of Commerce and Community Affairs
Law of the Civil Administrative Code of Illinois.
All remaining moneys received by the Department pursuant
to this Act shall be paid into the General Revenue Fund of
the State Treasury.
As soon as possible after the first day of each month,
upon certification of the Department of Revenue, the
Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Motor Fuel Tax
Fund an amount equal to 1.7% of 80% of the net revenue
realized under this Act for the second preceding month.
Beginning April 1, 2000, this transfer is no longer required
and shall not be made.
Net revenue realized for a month shall be the revenue
collected by the State pursuant to this Act, less the amount
paid out during that month as refunds to taxpayers for
overpayment of liability.
(Source: P.A. 91-37, eff. 7-1-99; 91-51, eff. 6-30-99;
91-101, eff. 7-12-99; 91-541, eff. 8-13-99; 91-872, eff.
7-1-00; 92-12, eff. 7-1-01; 92-208, eff. 8-2-01; 92-492, eff.
1-1-02; revised 9-14-01.)
Section 27. The Service Occupation Tax Act is amended by
changing Sections 3-5 and 9 as follows:
(35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5)
Sec. 3-5. Exemptions. The following tangible personal
property is exempt from the tax imposed by this Act:
(1) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other
than a limited liability company, that is organized and
operated as a not-for-profit service enterprise for the
benefit of persons 65 years of age or older if the personal
property was not purchased by the enterprise for the purpose
of resale by the enterprise.
(2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
(3) Personal property purchased by any not-for-profit
arts or cultural organization that establishes, by proof
required by the Department by rule, that it has received an
exemption under Section 501(c)(3) of the Internal Revenue
Code and that is organized and operated primarily for the
presentation or support of arts or cultural programming,
activities, or services. These organizations include, but
are not limited to, music and dramatic arts organizations
such as symphony orchestras and theatrical groups, arts and
cultural service organizations, local arts councils, visual
arts organizations, and media arts organizations. On and
after the effective date of this amendatory Act of the 92nd
General Assembly, however, an entity otherwise eligible for
this exemption shall not make tax-free purchases unless it
has an active identification number issued by the Department.
(4) Legal tender, currency, medallions, or gold or
silver coinage issued by the State of Illinois, the
government of the United States of America, or the government
of any foreign country, and bullion.
(5) Graphic arts machinery and equipment, including
repair and replacement parts, both new and used, and
including that manufactured on special order or purchased for
lease, certified by the purchaser to be used primarily for
graphic arts production. Equipment includes chemicals or
chemicals acting as catalysts but only if the chemicals or
chemicals acting as catalysts effect a direct and immediate
change upon a graphic arts product.
(6) Personal property sold by a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by
the purchaser to be used primarily for production agriculture
or State or federal agricultural programs, including
individual replacement parts for the machinery and equipment,
including machinery and equipment purchased for lease, and
including implements of husbandry defined in Section 1-130 of
the Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required
to be registered under Section 3-809 of the Illinois Vehicle
Code, but excluding other motor vehicles required to be
registered under the Illinois Vehicle Code. Horticultural
polyhouses or hoop houses used for propagating, growing, or
overwintering plants shall be considered farm machinery and
equipment under this item (7). Agricultural chemical tender
tanks and dry boxes shall include units sold separately from
a motor vehicle required to be licensed and units sold
mounted on a motor vehicle required to be licensed if the
selling price of the tender is separately stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters,
seeders, or spreaders. Precision farming equipment includes,
but is not limited to, soil testing sensors, computers,
monitors, software, global positioning and mapping systems,
and other such equipment.
Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in
the computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not
limited to, the collection, monitoring, and correlation of
animal and crop data for the purpose of formulating animal
diets and agricultural chemicals. This item (7) is exempt
from the provisions of Section 3-55.
(8) Fuel and petroleum products sold to or used by an
air common carrier, certified by the carrier to be used for
consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight destined for
or returning from a location or locations outside the United
States without regard to previous or subsequent domestic
stopovers.
(9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption
of food and beverages, to the extent that the proceeds of the
service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning up the food or
beverage function with respect to which the service charge is
imposed.
(10) Oil field exploration, drilling, and production
equipment, including (i) rigs and parts of rigs, rotary rigs,
cable tool rigs, and workover rigs, (ii) pipe and tubular
goods, including casing and drill strings, (iii) pumps and
pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(11) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including
that manufactured on special order, certified by the
purchaser to be used primarily for photoprocessing, and
including photoprocessing machinery and equipment purchased
for lease.
(12) Coal exploration, mining, offhighway hauling,
processing, maintenance, and reclamation equipment, including
replacement parts and equipment, and including equipment
purchased for lease, but excluding motor vehicles required to
be registered under the Illinois Vehicle Code.
(13) Food for human consumption that is to be consumed
off the premises where it is sold (other than alcoholic
beverages, soft drinks and food that has been prepared for
immediate consumption) and prescription and non-prescription
medicines, drugs, medical appliances, and insulin, urine
testing materials, syringes, and needles used by diabetics,
for human use, when purchased for use by a person receiving
medical assistance under Article 5 of the Illinois Public Aid
Code who resides in a licensed long-term care facility, as
defined in the Nursing Home Care Act.
(14) Semen used for artificial insemination of livestock
for direct agricultural production.
(15) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
(16) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients sold to a lessor
who leases the equipment, under a lease of one year or longer
executed or in effect at the time of the purchase, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act.
(17) Personal property sold to a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time of the purchase, to a governmental body
that has been issued an active tax exemption identification
number by the Department under Section 1g of the Retailers'
Occupation Tax Act.
(18) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated
for disaster relief to be used in a State or federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to
a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption
identification number by the Department that assists victims
of the disaster who reside within the declared disaster area.
(19) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in
the performance of infrastructure repairs in this State,
including but not limited to municipal roads and streets,
access roads, bridges, sidewalks, waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois when such repairs are initiated on facilities
located in the declared disaster area within 6 months after
the disaster.
(20) Beginning July 1, 1999, game or game birds sold at
a "game breeding and hunting preserve area" or an "exotic
game hunting area" as those terms are used in the Wildlife
Code or at a hunting enclosure approved through rules adopted
by the Department of Natural Resources. This paragraph is
exempt from the provisions of Section 3-55.
(21) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the
Department to be organized and operated exclusively for
educational purposes. For purposes of this exemption, "a
corporation, limited liability company, society, association,
foundation, or institution organized and operated exclusively
for educational purposes" means all tax-supported public
schools, private schools that offer systematic instruction in
useful branches of learning by methods common to public
schools and that compare favorably in their scope and
intensity with the course of study presented in tax-supported
schools, and vocational or technical schools or institutes
organized and operated exclusively to provide a course of
study of not less than 6 weeks duration and designed to
prepare individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial, business, or commercial
occupation.
(22) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary
school, a group of those schools, or one or more school
districts if the events are sponsored by an entity recognized
by the school district that consists primarily of volunteers
and includes parents and teachers of the school children.
This paragraph does not apply to fundraising events (i) for
the benefit of private home instruction or (ii) for which the
fundraising entity purchases the personal property sold at
the events from another individual or entity that sold the
property for the purpose of resale by the fundraising entity
and that profits from the sale to the fundraising entity.
This paragraph is exempt from the provisions of Section 3-55.
(23) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and
other items, and replacement parts for these machines.
Beginning January 1, 2002, machines and parts for machines
used in commercial, coin-operated amusement and vending
business if a use or occupation tax is paid on the gross
receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 3-55.
(24) Beginning on the effective date of this amendatory
Act of the 92nd General Assembly, computers and
communications equipment utilized for any hospital purpose
and equipment used in the diagnosis, analysis, or treatment
of hospital patients sold to a lessor who leases the
equipment, under a lease of one year or longer executed or in
effect at the time of the purchase, to a hospital that has
been issued an active tax exemption identification number by
the Department under Section 1g of the Retailers' Occupation
Tax Act. This paragraph is exempt from the provisions of
Section 3-55.
(25) Beginning on the effective date of this amendatory
Act of the 92nd General Assembly, personal property sold to a
lessor who leases the property, under a lease of one year or
longer executed or in effect at the time of the purchase, to
a governmental body that has been issued an active tax
exemption identification number by the Department under
Section 1g of the Retailers' Occupation Tax Act. This
paragraph is exempt from the provisions of Section 3-55.
(26) (24) Beginning on January 1, 2002, tangible
personal property purchased from an Illinois retailer by a
taxpayer engaged in centralized purchasing activities in
Illinois who will, upon receipt of the property in Illinois,
temporarily store the property in Illinois (i) for the
purpose of subsequently transporting it outside this State
for use or consumption thereafter solely outside this State
or (ii) for the purpose of being processed, fabricated, or
manufactured into, attached to, or incorporated into other
tangible personal property to be transported outside this
State and thereafter used or consumed solely outside this
State. The Director of Revenue shall, pursuant to rules
adopted in accordance with the Illinois Administrative
Procedure Act, issue a permit to any taxpayer in good
standing with the Department who is eligible for the
exemption under this paragraph (26) (24). The permit issued
under this paragraph (26) (24) shall authorize the holder, to
the extent and in the manner specified in the rules adopted
under this Act, to purchase tangible personal property from a
retailer exempt from the taxes imposed by this Act.
Taxpayers shall maintain all necessary books and records to
substantiate the use and consumption of all such tangible
personal property outside of the State of Illinois.
(Source: P.A. 91-51, eff. 6-30-99; 91-200, eff. 7-20-99;
91-439, eff. 8-6-99; 91-533, eff. 8-13-99; 91-637, eff.
8-20-99; 91-644, eff. 8-20-99; 92-16, eff. 6-28-01; 92-35,
eff. 7-1-01; 92-227, eff. 8-2-01; 92-337, eff. 8-10-01;
92-484, eff. 8-23-01; 92-488, eff. 8-23-01; revised 1-15-02.)
(35 ILCS 115/9) (from Ch. 120, par. 439.109)
Sec. 9. Each serviceman required or authorized to
collect the tax herein imposed shall pay to the Department
the amount of such tax at the time when he is required to
file his return for the period during which such tax was
collectible, less a discount of 2.1% prior to January 1,
1990, and 1.75% on and after January 1, 1990, or $5 per
calendar year, whichever is greater, which is allowed to
reimburse the serviceman for expenses incurred in collecting
the tax, keeping records, preparing and filing returns,
remitting the tax and supplying data to the Department on
request.
Where such tangible personal property is sold under a
conditional sales contract, or under any other form of sale
wherein the payment of the principal sum, or a part thereof,
is extended beyond the close of the period for which the
return is filed, the serviceman, in collecting the tax may
collect, for each tax return period, only the tax applicable
to the part of the selling price actually received during
such tax return period.
Except as provided hereinafter in this Section, on or
before the twentieth day of each calendar month, such
serviceman shall file a return for the preceding calendar
month in accordance with reasonable rules and regulations to
be promulgated by the Department of Revenue. Such return
shall be filed on a form prescribed by the Department and
shall contain such information as the Department may
reasonably require.
The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of the
calendar month following the end of such calendar quarter.
The taxpayer shall also file a return with the Department for
each of the first two months of each calendar quarter, on or
before the twentieth day of the following calendar month,
stating:
1. The name of the seller;
2. The address of the principal place of business
from which he engages in business as a serviceman in this
State;
3. The total amount of taxable receipts received by
him during the preceding calendar month, including
receipts from charge and time sales, but less all
deductions allowed by law;
4. The amount of credit provided in Section 2d of
this Act;
5. The amount of tax due;
5-5. The signature of the taxpayer; and
6. Such other reasonable information as the
Department may require.
If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to
be due on the return shall be deemed assessed.
A serviceman may accept a Manufacturer's Purchase Credit
certification from a purchaser in satisfaction of Service Use
Tax as provided in Section 3-70 of the Service Use Tax Act if
the purchaser provides the appropriate documentation as
required by Section 3-70 of the Service Use Tax Act. A
Manufacturer's Purchase Credit certification, accepted by a
serviceman as provided in Section 3-70 of the Service Use Tax
Act, may be used by that serviceman to satisfy Service
Occupation Tax liability in the amount claimed in the
certification, not to exceed 6.25% of the receipts subject to
tax from a qualifying purchase.
If the serviceman's average monthly tax liability to the
Department does not exceed $200, the Department may authorize
his returns to be filed on a quarter annual basis, with the
return for January, February and March of a given year being
due by April 20 of such year; with the return for April, May
and June of a given year being due by July 20 of such year;
with the return for July, August and September of a given
year being due by October 20 of such year, and with the
return for October, November and December of a given year
being due by January 20 of the following year.
If the serviceman's average monthly tax liability to the
Department does not exceed $50, the Department may authorize
his returns to be filed on an annual basis, with the return
for a given year being due by January 20 of the following
year.
Such quarter annual and annual returns, as to form and
substance, shall be subject to the same requirements as
monthly returns.
Notwithstanding any other provision in this Act
concerning the time within which a serviceman may file his
return, in the case of any serviceman who ceases to engage in
a kind of business which makes him responsible for filing
returns under this Act, such serviceman shall file a final
return under this Act with the Department not more than 1
month after discontinuing such business.
Beginning October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who
has an average monthly tax liability of $100,000 or more
shall make all payments required by rules of the Department
by electronic funds transfer. Beginning October 1, 1995, a
taxpayer who has an average monthly tax liability of $50,000
or more shall make all payments required by rules of the
Department by electronic funds transfer. Beginning October
1, 2000, a taxpayer who has an annual tax liability of
$200,000 or more shall make all payments required by rules of
the Department by electronic funds transfer. The term
"annual tax liability" shall be the sum of the taxpayer's
liabilities under this Act, and under all other State and
local occupation and use tax laws administered by the
Department, for the immediately preceding calendar year. The
term "average monthly tax liability" means the sum of the
taxpayer's liabilities under this Act, and under all other
State and local occupation and use tax laws administered by
the Department, for the immediately preceding calendar year
divided by 12. Beginning on October 1, 2002, a taxpayer who
has a tax liability in the amount set forth in subsection (b)
of Section 2505-210 of the Department of Revenue Law shall
make all payments required by rules of the Department by
electronic funds transfer.
Before August 1 of each year beginning in 1993, the
Department shall notify all taxpayers required to make
payments by electronic funds transfer. All taxpayers
required to make payments by electronic funds transfer shall
make those payments for a minimum of one year beginning on
October 1.
Any taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
All taxpayers required to make payment by electronic
funds transfer and any taxpayers authorized to voluntarily
make payments by electronic funds transfer shall make those
payments in the manner authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
Where a serviceman collects the tax with respect to the
selling price of tangible personal property which he sells
and the purchaser thereafter returns such tangible personal
property and the serviceman refunds the selling price thereof
to the purchaser, such serviceman shall also refund, to the
purchaser, the tax so collected from the purchaser. When
filing his return for the period in which he refunds such tax
to the purchaser, the serviceman may deduct the amount of the
tax so refunded by him to the purchaser from any other
Service Occupation Tax, Service Use Tax, Retailers'
Occupation Tax or Use Tax which such serviceman may be
required to pay or remit to the Department, as shown by such
return, provided that the amount of the tax to be deducted
shall previously have been remitted to the Department by such
serviceman. If the serviceman shall not previously have
remitted the amount of such tax to the Department, he shall
be entitled to no deduction hereunder upon refunding such tax
to the purchaser.
If experience indicates such action to be practicable,
the Department may prescribe and furnish a combination or
joint return which will enable servicemen, who are required
to file returns hereunder and also under the Retailers'
Occupation Tax Act, the Use Tax Act or the Service Use Tax
Act, to furnish all the return information required by all
said Acts on the one form.
Where the serviceman has more than one business
registered with the Department under separate registrations
hereunder, such serviceman shall file separate returns for
each registered business.
Beginning January 1, 1990, each month the Department
shall pay into the Local Government Tax Fund the revenue
realized for the preceding month from the 1% tax on sales of
food for human consumption which is to be consumed off the
premises where it is sold (other than alcoholic beverages,
soft drinks and food which has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances and insulin, urine testing
materials, syringes and needles used by diabetics.
Beginning January 1, 1990, each month the Department
shall pay into the County and Mass Transit District Fund 4%
of the revenue realized for the preceding month from the
6.25% general rate.
Beginning August 1, 2000, each month the Department shall
pay into the County and Mass Transit District Fund 20% of the
net revenue realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol.
Beginning January 1, 1990, each month the Department
shall pay into the Local Government Tax Fund 16% of the
revenue realized for the preceding month from the 6.25%
general rate on transfers of tangible personal property.
Beginning August 1, 2000, each month the Department shall
pay into the Local Government Tax Fund 80% of the net revenue
realized for the preceding month from the 1.25% rate on the
selling price of motor fuel and gasohol.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into
the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
and on and after July 1, 1989, 3.8% thereof shall be paid
into the Build Illinois Fund; provided, however, that if in
any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
as the case may be, of the moneys received by the Department
and required to be paid into the Build Illinois Fund pursuant
to Section 3 of the Retailers' Occupation Tax Act, Section 9
of the Use Tax Act, Section 9 of the Service Use Tax Act, and
Section 9 of the Service Occupation Tax Act, such Acts being
hereinafter called the "Tax Acts" and such aggregate of 2.2%
or 3.8%, as the case may be, of moneys being hereinafter
called the "Tax Act Amount", and (2) the amount transferred
to the Build Illinois Fund from the State and Local Sales Tax
Reform Fund shall be less than the Annual Specified Amount
(as defined in Section 3 of the Retailers' Occupation Tax
Act), an amount equal to the difference shall be immediately
paid into the Build Illinois Fund from other moneys received
by the Department pursuant to the Tax Acts; and further
provided, that if on the last business day of any month the
sum of (1) the Tax Act Amount required to be deposited into
the Build Illinois Account in the Build Illinois Fund during
such month and (2) the amount transferred during such month
to the Build Illinois Fund from the State and Local Sales Tax
Reform Fund shall have been less than 1/12 of the Annual
Specified Amount, an amount equal to the difference shall be
immediately paid into the Build Illinois Fund from other
moneys received by the Department pursuant to the Tax Acts;
and, further provided, that in no event shall the payments
required under the preceding proviso result in aggregate
payments into the Build Illinois Fund pursuant to this clause
(b) for any fiscal year in excess of the greater of (i) the
Tax Act Amount or (ii) the Annual Specified Amount for such
fiscal year; and, further provided, that the amounts payable
into the Build Illinois Fund under this clause (b) shall be
payable only until such time as the aggregate amount on
deposit under each trust indenture securing Bonds issued and
outstanding pursuant to the Build Illinois Bond Act is
sufficient, taking into account any future investment income,
to fully provide, in accordance with such indenture, for the
defeasance of or the payment of the principal of, premium, if
any, and interest on the Bonds secured by such indenture and
on any Bonds expected to be issued thereafter and all fees
and costs payable with respect thereto, all as certified by
the Director of the Bureau of the Budget. If on the last
business day of any month in which Bonds are outstanding
pursuant to the Build Illinois Bond Act, the aggregate of the
moneys deposited in the Build Illinois Bond Account in the
Build Illinois Fund in such month shall be less than the
amount required to be transferred in such month from the
Build Illinois Bond Account to the Build Illinois Bond
Retirement and Interest Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to such deficiency
shall be immediately paid from other moneys received by the
Department pursuant to the Tax Acts to the Build Illinois
Fund; provided, however, that any amounts paid to the Build
Illinois Fund in any fiscal year pursuant to this sentence
shall be deemed to constitute payments pursuant to clause (b)
of the preceding sentence and shall reduce the amount
otherwise payable for such fiscal year pursuant to clause (b)
of the preceding sentence. The moneys received by the
Department pursuant to this Act and required to be deposited
into the Build Illinois Fund are subject to the pledge, claim
and charge set forth in Section 12 of the Build Illinois Bond
Act.
Subject to payment of amounts into the Build Illinois
Fund as provided in the preceding paragraph or in any
amendment thereto hereafter enacted, the following specified
monthly installment of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority provided under Section 8.25f of the
State Finance Act, but not in excess of the sums designated
as "Total Deposit", shall be deposited in the aggregate from
collections under Section 9 of the Use Tax Act, Section 9 of
the Service Use Tax Act, Section 9 of the Service Occupation
Tax Act, and Section 3 of the Retailers' Occupation Tax Act
into the McCormick Place Expansion Project Fund in the
specified fiscal years.
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 93,000,000
2003 99,000,000
2004 103,000,000
2005 108,000,000
2006 113,000,000
2007 119,000,000
2008 126,000,000
2009 132,000,000
2010 139,000,000
2011 146,000,000
2012 153,000,000
2013 161,000,000
2014 170,000,000
2015 179,000,000
2016 189,000,000
2017 199,000,000
2018 210,000,000
2019 221,000,000
2020 233,000,000
2021 246,000,000
2022 260,000,000
2023 and 275,000,000
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority
Act, but not after fiscal year 2042.
Beginning July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority for that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under subsection
(g) of Section 13 of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in the deposits
required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for the fiscal year,
but not in excess of the amount specified above as "Total
Deposit", has been deposited.
Subject to payment of amounts into the Build Illinois
Fund and the McCormick Place Expansion Project Fund pursuant
to the preceding paragraphs or in any amendment thereto
hereafter enacted, each month the Department shall pay into
the Local Government Distributive Fund 0.4% of the net
revenue realized for the preceding month from the 5% general
rate or 0.4% of 80% of the net revenue realized for the
preceding month from the 6.25% general rate, as the case may
be, on the selling price of tangible personal property which
amount shall, subject to appropriation, be distributed as
provided in Section 2 of the State Revenue Sharing Act. No
payments or distributions pursuant to this paragraph shall be
made if the tax imposed by this Act on photoprocessing
products is declared unconstitutional, or if the proceeds
from such tax are unavailable for distribution because of
litigation.
Subject to payment of amounts into the Build Illinois
Fund, the McCormick Place Expansion Project Fund, and the
Local Government Distributive Fund pursuant to the preceding
paragraphs or in any amendments thereto hereafter enacted,
beginning July 1, 1993, the Department shall each month pay
into the Illinois Tax Increment Fund 0.27% of 80% of the net
revenue realized for the preceding month from the 6.25%
general rate on the selling price of tangible personal
property.
Subject to payment of amounts into the Build Illinois
Fund, the McCormick Place Expansion Project Fund, and the
Local Government Distributive Fund pursuant to the preceding
paragraphs or in any amendments thereto hereafter enacted,
beginning with the receipt of the first report of taxes paid
by an eligible business and continuing for a 25-year period,
the Department shall each month pay into the Energy
Infrastructure Fund 80% of the net revenue realized from the
6.25% general rate on the selling price of Illinois-mined
coal that was sold to an eligible business. For purposes of
this paragraph, the term "eligible business" means a new
electric generating facility certified pursuant to Section
605-332 of the Department of Commerce and Community Affairs
Law of the Civil Administrative Code of Illinois.
Remaining moneys received by the Department pursuant to
this Act shall be paid into the General Revenue Fund of the
State Treasury.
The Department may, upon separate written notice to a
taxpayer, require the taxpayer to prepare and file with the
Department on a form prescribed by the Department within not
less than 60 days after receipt of the notice an annual
information return for the tax year specified in the notice.
Such annual return to the Department shall include a
statement of gross receipts as shown by the taxpayer's last
Federal income tax return. If the total receipts of the
business as reported in the Federal income tax return do not
agree with the gross receipts reported to the Department of
Revenue for the same period, the taxpayer shall attach to his
annual return a schedule showing a reconciliation of the 2
amounts and the reasons for the difference. The taxpayer's
annual return to the Department shall also disclose the cost
of goods sold by the taxpayer during the year covered by such
return, opening and closing inventories of such goods for
such year, cost of goods used from stock or taken from stock
and given away by the taxpayer during such year, pay roll
information of the taxpayer's business during such year and
any additional reasonable information which the Department
deems would be helpful in determining the accuracy of the
monthly, quarterly or annual returns filed by such taxpayer
as hereinbefore provided for in this Section.
If the annual information return required by this Section
is not filed when and as required, the taxpayer shall be
liable as follows:
(i) Until January 1, 1994, the taxpayer shall be
liable for a penalty equal to 1/6 of 1% of the tax due
from such taxpayer under this Act during the period to be
covered by the annual return for each month or fraction
of a month until such return is filed as required, the
penalty to be assessed and collected in the same manner
as any other penalty provided for in this Act.
(ii) On and after January 1, 1994, the taxpayer
shall be liable for a penalty as described in Section 3-4
of the Uniform Penalty and Interest Act.
The chief executive officer, proprietor, owner or highest
ranking manager shall sign the annual return to certify the
accuracy of the information contained therein. Any person
who willfully signs the annual return containing false or
inaccurate information shall be guilty of perjury and
punished accordingly. The annual return form prescribed by
the Department shall include a warning that the person
signing the return may be liable for perjury.
The foregoing portion of this Section concerning the
filing of an annual information return shall not apply to a
serviceman who is not required to file an income tax return
with the United States Government.
As soon as possible after the first day of each month,
upon certification of the Department of Revenue, the
Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Motor Fuel Tax
Fund an amount equal to 1.7% of 80% of the net revenue
realized under this Act for the second preceding month.
Beginning April 1, 2000, this transfer is no longer required
and shall not be made.
Net revenue realized for a month shall be the revenue
collected by the State pursuant to this Act, less the amount
paid out during that month as refunds to taxpayers for
overpayment of liability.
For greater simplicity of administration, it shall be
permissible for manufacturers, importers and wholesalers
whose products are sold by numerous servicemen in Illinois,
and who wish to do so, to assume the responsibility for
accounting and paying to the Department all tax accruing
under this Act with respect to such sales, if the servicemen
who are affected do not make written objection to the
Department to this arrangement.
(Source: P.A. 91-37, eff. 7-1-99; 91-51, eff. 6-30-99;
91-101, eff. 7-12-99; 91-541, eff. 8-13-99; 91-872, eff.
7-1-00; 92-12, eff. 7-1-01; 92-208, eff. 8-2-01; 92-492, eff.
1-1-02; revised 9-14-01.)
Section 28. The Retailers' Occupation Tax Act is amended
by changing Sections 2-5 and 3 as follows:
(35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
Sec. 2-5. Exemptions. Gross receipts from proceeds from
the sale of the following tangible personal property are
exempt from the tax imposed by this Act:
(1) Farm chemicals.
(2) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by
the purchaser to be used primarily for production agriculture
or State or federal agricultural programs, including
individual replacement parts for the machinery and equipment,
including machinery and equipment purchased for lease, and
including implements of husbandry defined in Section 1-130 of
the Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required
to be registered under Section 3-809 of the Illinois Vehicle
Code, but excluding other motor vehicles required to be
registered under the Illinois Vehicle Code. Horticultural
polyhouses or hoop houses used for propagating, growing, or
overwintering plants shall be considered farm machinery and
equipment under this item (2). Agricultural chemical tender
tanks and dry boxes shall include units sold separately from
a motor vehicle required to be licensed and units sold
mounted on a motor vehicle required to be licensed, if the
selling price of the tender is separately stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters,
seeders, or spreaders. Precision farming equipment includes,
but is not limited to, soil testing sensors, computers,
monitors, software, global positioning and mapping systems,
and other such equipment.
Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in
the computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not
limited to, the collection, monitoring, and correlation of
animal and crop data for the purpose of formulating animal
diets and agricultural chemicals. This item (7) is exempt
from the provisions of Section 2-70.
(3) Distillation machinery and equipment, sold as a unit
or kit, assembled or installed by the retailer, certified by
the user to be used only for the production of ethyl alcohol
that will be used for consumption as motor fuel or as a
component of motor fuel for the personal use of the user, and
not subject to sale or resale.
(4) Graphic arts machinery and equipment, including
repair and replacement parts, both new and used, and
including that manufactured on special order or purchased for
lease, certified by the purchaser to be used primarily for
graphic arts production. Equipment includes chemicals or
chemicals acting as catalysts but only if the chemicals or
chemicals acting as catalysts effect a direct and immediate
change upon a graphic arts product.
(5) A motor vehicle of the first division, a motor
vehicle of the second division that is a self-contained motor
vehicle designed or permanently converted to provide living
quarters for recreational, camping, or travel use, with
direct walk through access to the living quarters from the
driver's seat, or a motor vehicle of the second division that
is of the van configuration designed for the transportation
of not less than 7 nor more than 16 passengers, as defined in
Section 1-146 of the Illinois Vehicle Code, that is used for
automobile renting, as defined in the Automobile Renting
Occupation and Use Tax Act.
(6) Personal property sold by a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(7) Proceeds of that portion of the selling price of a
passenger car the sale of which is subject to the Replacement
Vehicle Tax.
(8) Personal property sold to an Illinois county fair
association for use in conducting, operating, or promoting
the county fair.
(9) Personal property sold to a not-for-profit arts or
cultural organization that establishes, by proof required by
the Department by rule, that it has received an exemption
under Section 501(c)(3) of the Internal Revenue Code and that
is organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited
to, music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts
organizations, and media arts organizations. On and after the
effective date of this amendatory Act of the 92nd General
Assembly, however, an entity otherwise eligible for this
exemption shall not make tax-free purchases unless it has an
active identification number issued by the Department.
(10) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other
than a limited liability company, that is organized and
operated as a not-for-profit service enterprise for the
benefit of persons 65 years of age or older if the personal
property was not purchased by the enterprise for the purpose
of resale by the enterprise.
(11) Personal property sold to a governmental body, to a
corporation, society, association, foundation, or institution
organized and operated exclusively for charitable, religious,
or educational purposes, or to a not-for-profit corporation,
society, association, foundation, institution, or
organization that has no compensated officers or employees
and that is organized and operated primarily for the
recreation of persons 55 years of age or older. A limited
liability company may qualify for the exemption under this
paragraph only if the limited liability company is organized
and operated exclusively for educational purposes. On and
after July 1, 1987, however, no entity otherwise eligible for
this exemption shall make tax-free purchases unless it has an
active identification number issued by the Department.
(12) Personal property sold to interstate carriers for
hire for use as rolling stock moving in interstate commerce
or to lessors under leases of one year or longer executed or
in effect at the time of purchase by interstate carriers for
hire for use as rolling stock moving in interstate commerce
and equipment operated by a telecommunications provider,
licensed as a common carrier by the Federal Communications
Commission, which is permanently installed in or affixed to
aircraft moving in interstate commerce.
(13) Proceeds from sales to owners, lessors, or shippers
of tangible personal property that is utilized by interstate
carriers for hire for use as rolling stock moving in
interstate commerce and equipment operated by a
telecommunications provider, licensed as a common carrier by
the Federal Communications Commission, which is permanently
installed in or affixed to aircraft moving in interstate
commerce.
(14) Machinery and equipment that will be used by the
purchaser, or a lessee of the purchaser, primarily in the
process of manufacturing or assembling tangible personal
property for wholesale or retail sale or lease, whether the
sale or lease is made directly by the manufacturer or by some
other person, whether the materials used in the process are
owned by the manufacturer or some other person, or whether
the sale or lease is made apart from or as an incident to the
seller's engaging in the service occupation of producing
machines, tools, dies, jigs, patterns, gauges, or other
similar items of no commercial value on special order for a
particular purchaser.
(15) Proceeds of mandatory service charges separately
stated on customers' bills for purchase and consumption of
food and beverages, to the extent that the proceeds of the
service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning up the food or
beverage function with respect to which the service charge is
imposed.
(16) Petroleum products sold to a purchaser if the
seller is prohibited by federal law from charging tax to the
purchaser.
(17) Tangible personal property sold to a common carrier
by rail or motor that receives the physical possession of the
property in Illinois and that transports the property, or
shares with another common carrier in the transportation of
the property, out of Illinois on a standard uniform bill of
lading showing the seller of the property as the shipper or
consignor of the property to a destination outside Illinois,
for use outside Illinois.
(18) Legal tender, currency, medallions, or gold or
silver coinage issued by the State of Illinois, the
government of the United States of America, or the government
of any foreign country, and bullion.
(19) Oil field exploration, drilling, and production
equipment, including (i) rigs and parts of rigs, rotary rigs,
cable tool rigs, and workover rigs, (ii) pipe and tubular
goods, including casing and drill strings, (iii) pumps and
pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(20) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including
that manufactured on special order, certified by the
purchaser to be used primarily for photoprocessing, and
including photoprocessing machinery and equipment purchased
for lease.
(21) Coal exploration, mining, offhighway hauling,
processing, maintenance, and reclamation equipment, including
replacement parts and equipment, and including equipment
purchased for lease, but excluding motor vehicles required to
be registered under the Illinois Vehicle Code.
(22) Fuel and petroleum products sold to or used by an
air carrier, certified by the carrier to be used for
consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight destined for
or returning from a location or locations outside the United
States without regard to previous or subsequent domestic
stopovers.
(23) A transaction in which the purchase order is
received by a florist who is located outside Illinois, but
who has a florist located in Illinois deliver the property to
the purchaser or the purchaser's donee in Illinois.
(24) Fuel consumed or used in the operation of ships,
barges, or vessels that are used primarily in or for the
transportation of property or the conveyance of persons for
hire on rivers bordering on this State if the fuel is
delivered by the seller to the purchaser's barge, ship, or
vessel while it is afloat upon that bordering river.
(25) A motor vehicle sold in this State to a nonresident
even though the motor vehicle is delivered to the nonresident
in this State, if the motor vehicle is not to be titled in
this State, and if a driveaway decal permit is issued to the
motor vehicle as provided in Section 3-603 of the Illinois
Vehicle Code or if the nonresident purchaser has vehicle
registration plates to transfer to the motor vehicle upon
returning to his or her home state. The issuance of the
driveaway decal permit or having the out-of-state
registration plates to be transferred is prima facie evidence
that the motor vehicle will not be titled in this State.
(26) Semen used for artificial insemination of livestock
for direct agricultural production.
(27) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes.
(28) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients sold to a lessor
who leases the equipment, under a lease of one year or longer
executed or in effect at the time of the purchase, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
this Act.
(29) Personal property sold to a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time of the purchase, to a governmental body
that has been issued an active tax exemption identification
number by the Department under Section 1g of this Act.
(30) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated
for disaster relief to be used in a State or federally
declared disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to
a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption
identification number by the Department that assists victims
of the disaster who reside within the declared disaster area.
(31) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in
the performance of infrastructure repairs in this State,
including but not limited to municipal roads and streets,
access roads, bridges, sidewalks, waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois when such repairs are initiated on facilities
located in the declared disaster area within 6 months after
the disaster.
(32) Beginning July 1, 1999, game or game birds sold at
a "game breeding and hunting preserve area" or an "exotic
game hunting area" as those terms are used in the Wildlife
Code or at a hunting enclosure approved through rules adopted
by the Department of Natural Resources. This paragraph is
exempt from the provisions of Section 2-70.
(33) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the
Department to be organized and operated exclusively for
educational purposes. For purposes of this exemption, "a
corporation, limited liability company, society, association,
foundation, or institution organized and operated exclusively
for educational purposes" means all tax-supported public
schools, private schools that offer systematic instruction in
useful branches of learning by methods common to public
schools and that compare favorably in their scope and
intensity with the course of study presented in tax-supported
schools, and vocational or technical schools or institutes
organized and operated exclusively to provide a course of
study of not less than 6 weeks duration and designed to
prepare individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial, business, or commercial
occupation.
(34) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary
school, a group of those schools, or one or more school
districts if the events are sponsored by an entity recognized
by the school district that consists primarily of volunteers
and includes parents and teachers of the school children.
This paragraph does not apply to fundraising events (i) for
the benefit of private home instruction or (ii) for which the
fundraising entity purchases the personal property sold at
the events from another individual or entity that sold the
property for the purpose of resale by the fundraising entity
and that profits from the sale to the fundraising entity.
This paragraph is exempt from the provisions of Section 2-70.
(35) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and
other items, and replacement parts for these machines.
Beginning January 1, 2002, machines and parts for machines
used in commercial, coin-operated amusement and vending
business if a use or occupation tax is paid on the gross
receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 2-70.
(36) Beginning on the effective date of this amendatory
Act of the 92nd General Assembly, computers and
communications equipment utilized for any hospital purpose
and equipment used in the diagnosis, analysis, or treatment
of hospital patients sold to a lessor who leases the
equipment, under a lease of one year or longer executed or in
effect at the time of the purchase, to a hospital that has
been issued an active tax exemption identification number by
the Department under Section 1g of this Act. This paragraph
is exempt from the provisions of Section 2-70.
(37) Beginning on the effective date of this amendatory
Act of the 92nd General Assembly, personal property sold to a
lessor who leases the property, under a lease of one year or
longer executed or in effect at the time of the purchase, to
a governmental body that has been issued an active tax
exemption identification number by the Department under
Section 1g of this Act. This paragraph is exempt from the
provisions of Section 2-70.
(38) (36) Beginning on January 1, 2002, tangible
personal property purchased from an Illinois retailer by a
taxpayer engaged in centralized purchasing activities in
Illinois who will, upon receipt of the property in Illinois,
temporarily store the property in Illinois (i) for the
purpose of subsequently transporting it outside this State
for use or consumption thereafter solely outside this State
or (ii) for the purpose of being processed, fabricated, or
manufactured into, attached to, or incorporated into other
tangible personal property to be transported outside this
State and thereafter used or consumed solely outside this
State. The Director of Revenue shall, pursuant to rules
adopted in accordance with the Illinois Administrative
Procedure Act, issue a permit to any taxpayer in good
standing with the Department who is eligible for the
exemption under this paragraph (38) (36). The permit issued
under this paragraph (38) (36) shall authorize the holder, to
the extent and in the manner specified in the rules adopted
under this Act, to purchase tangible personal property from a
retailer exempt from the taxes imposed by this Act.
Taxpayers shall maintain all necessary books and records to
substantiate the use and consumption of all such tangible
personal property outside of the State of Illinois.
(Source: P.A. 91-51, eff. 6-30-99; 91-200, eff. 7-20-99;
91-439, eff. 8-6-99; 91-533, eff. 8-13-99; 91-637, eff.
8-20-99; 91-644, eff. 8-20-99; 92-16, eff. 6-28-01; 92-35,
eff. 7-1-01; 92-227, eff. 8-2-01; 92-337, eff. 8-10-01;
92-484, eff. 8-23-01; 92-488, eff. 8-23-01; revised 1-15-02.)
(35 ILCS 120/3) (from Ch. 120, par. 442)
Sec. 3. Except as provided in this Section, on or before
the twentieth day of each calendar month, every person
engaged in the business of selling tangible personal property
at retail in this State during the preceding calendar month
shall file a return with the Department, stating:
1. The name of the seller;
2. His residence address and the address of his
principal place of business and the address of the
principal place of business (if that is a different
address) from which he engages in the business of selling
tangible personal property at retail in this State;
3. Total amount of receipts received by him during
the preceding calendar month or quarter, as the case may
be, from sales of tangible personal property, and from
services furnished, by him during such preceding calendar
month or quarter;
4. Total amount received by him during the
preceding calendar month or quarter on charge and time
sales of tangible personal property, and from services
furnished, by him prior to the month or quarter for which
the return is filed;
5. Deductions allowed by law;
6. Gross receipts which were received by him during
the preceding calendar month or quarter and upon the
basis of which the tax is imposed;
7. The amount of credit provided in Section 2d of
this Act;
8. The amount of tax due;
9. The signature of the taxpayer; and
10. Such other reasonable information as the
Department may require.
If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to
be due on the return shall be deemed assessed.
Each return shall be accompanied by the statement of
prepaid tax issued pursuant to Section 2e for which credit is
claimed.
A retailer may accept a Manufacturer's Purchase Credit
certification from a purchaser in satisfaction of Use Tax as
provided in Section 3-85 of the Use Tax Act if the purchaser
provides the appropriate documentation as required by Section
3-85 of the Use Tax Act. A Manufacturer's Purchase Credit
certification, accepted by a retailer as provided in Section
3-85 of the Use Tax Act, may be used by that retailer to
satisfy Retailers' Occupation Tax liability in the amount
claimed in the certification, not to exceed 6.25% of the
receipts subject to tax from a qualifying purchase.
The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of the
calendar month following the end of such calendar quarter.
The taxpayer shall also file a return with the Department for
each of the first two months of each calendar quarter, on or
before the twentieth day of the following calendar month,
stating:
1. The name of the seller;
2. The address of the principal place of business
from which he engages in the business of selling tangible
personal property at retail in this State;
3. The total amount of taxable receipts received by
him during the preceding calendar month from sales of
tangible personal property by him during such preceding
calendar month, including receipts from charge and time
sales, but less all deductions allowed by law;
4. The amount of credit provided in Section 2d of
this Act;
5. The amount of tax due; and
6. Such other reasonable information as the
Department may require.
If a total amount of less than $1 is payable, refundable
or creditable, such amount shall be disregarded if it is less
than 50 cents and shall be increased to $1 if it is 50 cents
or more.
Beginning October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who
has an average monthly tax liability of $100,000 or more
shall make all payments required by rules of the Department
by electronic funds transfer. Beginning October 1, 1995, a
taxpayer who has an average monthly tax liability of $50,000
or more shall make all payments required by rules of the
Department by electronic funds transfer. Beginning October
1, 2000, a taxpayer who has an annual tax liability of
$200,000 or more shall make all payments required by rules of
the Department by electronic funds transfer. The term
"annual tax liability" shall be the sum of the taxpayer's
liabilities under this Act, and under all other State and
local occupation and use tax laws administered by the
Department, for the immediately preceding calendar year. The
term "average monthly tax liability" shall be the sum of the
taxpayer's liabilities under this Act, and under all other
State and local occupation and use tax laws administered by
the Department, for the immediately preceding calendar year
divided by 12. Beginning on October 1, 2002, a taxpayer who
has a tax liability in the amount set forth in subsection (b)
of Section 2505-210 of the Department of Revenue Law shall
make all payments required by rules of the Department by
electronic funds transfer.
Before August 1 of each year beginning in 1993, the
Department shall notify all taxpayers required to make
payments by electronic funds transfer. All taxpayers
required to make payments by electronic funds transfer shall
make those payments for a minimum of one year beginning on
October 1.
Any taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
All taxpayers required to make payment by electronic
funds transfer and any taxpayers authorized to voluntarily
make payments by electronic funds transfer shall make those
payments in the manner authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
Any amount which is required to be shown or reported on
any return or other document under this Act shall, if such
amount is not a whole-dollar amount, be increased to the
nearest whole-dollar amount in any case where the fractional
part of a dollar is 50 cents or more, and decreased to the
nearest whole-dollar amount where the fractional part of a
dollar is less than 50 cents.
If the retailer is otherwise required to file a monthly
return and if the retailer's average monthly tax liability to
the Department does not exceed $200, the Department may
authorize his returns to be filed on a quarter annual basis,
with the return for January, February and March of a given
year being due by April 20 of such year; with the return for
April, May and June of a given year being due by July 20 of
such year; with the return for July, August and September of
a given year being due by October 20 of such year, and with
the return for October, November and December of a given year
being due by January 20 of the following year.
If the retailer is otherwise required to file a monthly
or quarterly return and if the retailer's average monthly tax
liability with the Department does not exceed $50, the
Department may authorize his returns to be filed on an annual
basis, with the return for a given year being due by January
20 of the following year.
Such quarter annual and annual returns, as to form and
substance, shall be subject to the same requirements as
monthly returns.
Notwithstanding any other provision in this Act
concerning the time within which a retailer may file his
return, in the case of any retailer who ceases to engage in a
kind of business which makes him responsible for filing
returns under this Act, such retailer shall file a final
return under this Act with the Department not more than one
month after discontinuing such business.
Where the same person has more than one business
registered with the Department under separate registrations
under this Act, such person may not file each return that is
due as a single return covering all such registered
businesses, but shall file separate returns for each such
registered business.
In addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered
with an agency of this State, every retailer selling this
kind of tangible personal property shall file, with the
Department, upon a form to be prescribed and supplied by the
Department, a separate return for each such item of tangible
personal property which the retailer sells, except that if,
in the same transaction, (i) a retailer of aircraft,
watercraft, motor vehicles or trailers transfers more than
one aircraft, watercraft, motor vehicle or trailer to another
aircraft, watercraft, motor vehicle retailer or trailer
retailer for the purpose of resale or (ii) a retailer of
aircraft, watercraft, motor vehicles, or trailers transfers
more than one aircraft, watercraft, motor vehicle, or trailer
to a purchaser for use as a qualifying rolling stock as
provided in Section 2-5 of this Act, then that seller may
report the transfer of all aircraft, watercraft, motor
vehicles or trailers involved in that transaction to the
Department on the same uniform invoice-transaction reporting
return form. For purposes of this Section, "watercraft"
means a Class 2, Class 3, or Class 4 watercraft as defined in
Section 3-2 of the Boat Registration and Safety Act, a
personal watercraft, or any boat equipped with an inboard
motor.
Any retailer who sells only motor vehicles, watercraft,
aircraft, or trailers that are required to be registered with
an agency of this State, so that all retailers' occupation
tax liability is required to be reported, and is reported, on
such transaction reporting returns and who is not otherwise
required to file monthly or quarterly returns, need not file
monthly or quarterly returns. However, those retailers shall
be required to file returns on an annual basis.
The transaction reporting return, in the case of motor
vehicles or trailers that are required to be registered with
an agency of this State, shall be the same document as the
Uniform Invoice referred to in Section 5-402 of The Illinois
Vehicle Code and must show the name and address of the
seller; the name and address of the purchaser; the amount of
the selling price including the amount allowed by the
retailer for traded-in property, if any; the amount allowed
by the retailer for the traded-in tangible personal property,
if any, to the extent to which Section 1 of this Act allows
an exemption for the value of traded-in property; the balance
payable after deducting such trade-in allowance from the
total selling price; the amount of tax due from the retailer
with respect to such transaction; the amount of tax collected
from the purchaser by the retailer on such transaction (or
satisfactory evidence that such tax is not due in that
particular instance, if that is claimed to be the fact); the
place and date of the sale; a sufficient identification of
the property sold; such other information as is required in
Section 5-402 of The Illinois Vehicle Code, and such other
information as the Department may reasonably require.
The transaction reporting return in the case of
watercraft or aircraft must show the name and address of the
seller; the name and address of the purchaser; the amount of
the selling price including the amount allowed by the
retailer for traded-in property, if any; the amount allowed
by the retailer for the traded-in tangible personal property,
if any, to the extent to which Section 1 of this Act allows
an exemption for the value of traded-in property; the balance
payable after deducting such trade-in allowance from the
total selling price; the amount of tax due from the retailer
with respect to such transaction; the amount of tax collected
from the purchaser by the retailer on such transaction (or
satisfactory evidence that such tax is not due in that
particular instance, if that is claimed to be the fact); the
place and date of the sale, a sufficient identification of
the property sold, and such other information as the
Department may reasonably require.
Such transaction reporting return shall be filed not
later than 20 days after the day of delivery of the item that
is being sold, but may be filed by the retailer at any time
sooner than that if he chooses to do so. The transaction
reporting return and tax remittance or proof of exemption
from the Illinois use tax may be transmitted to the
Department by way of the State agency with which, or State
officer with whom the tangible personal property must be
titled or registered (if titling or registration is required)
if the Department and such agency or State officer determine
that this procedure will expedite the processing of
applications for title or registration.
With each such transaction reporting return, the retailer
shall remit the proper amount of tax due (or shall submit
satisfactory evidence that the sale is not taxable if that is
the case), to the Department or its agents, whereupon the
Department shall issue, in the purchaser's name, a use tax
receipt (or a certificate of exemption if the Department is
satisfied that the particular sale is tax exempt) which such
purchaser may submit to the agency with which, or State
officer with whom, he must title or register the tangible
personal property that is involved (if titling or
registration is required) in support of such purchaser's
application for an Illinois certificate or other evidence of
title or registration to such tangible personal property.
No retailer's failure or refusal to remit tax under this
Act precludes a user, who has paid the proper tax to the
retailer, from obtaining his certificate of title or other
evidence of title or registration (if titling or registration
is required) upon satisfying the Department that such user
has paid the proper tax (if tax is due) to the retailer. The
Department shall adopt appropriate rules to carry out the
mandate of this paragraph.
If the user who would otherwise pay tax to the retailer
wants the transaction reporting return filed and the payment
of the tax or proof of exemption made to the Department
before the retailer is willing to take these actions and such
user has not paid the tax to the retailer, such user may
certify to the fact of such delay by the retailer and may
(upon the Department being satisfied of the truth of such
certification) transmit the information required by the
transaction reporting return and the remittance for tax or
proof of exemption directly to the Department and obtain his
tax receipt or exemption determination, in which event the
transaction reporting return and tax remittance (if a tax
payment was required) shall be credited by the Department to
the proper retailer's account with the Department, but
without the 2.1% or 1.75% discount provided for in this
Section being allowed. When the user pays the tax directly
to the Department, he shall pay the tax in the same amount
and in the same form in which it would be remitted if the tax
had been remitted to the Department by the retailer.
Refunds made by the seller during the preceding return
period to purchasers, on account of tangible personal
property returned to the seller, shall be allowed as a
deduction under subdivision 5 of his monthly or quarterly
return, as the case may be, in case the seller had
theretofore included the receipts from the sale of such
tangible personal property in a return filed by him and had
paid the tax imposed by this Act with respect to such
receipts.
Where the seller is a corporation, the return filed on
behalf of such corporation shall be signed by the president,
vice-president, secretary or treasurer or by the properly
accredited agent of such corporation.
Where the seller is a limited liability company, the
return filed on behalf of the limited liability company shall
be signed by a manager, member, or properly accredited agent
of the limited liability company.
Except as provided in this Section, the retailer filing
the return under this Section shall, at the time of filing
such return, pay to the Department the amount of tax imposed
by this Act less a discount of 2.1% prior to January 1, 1990
and 1.75% on and after January 1, 1990, or $5 per calendar
year, whichever is greater, which is allowed to reimburse the
retailer for the expenses incurred in keeping records,
preparing and filing returns, remitting the tax and supplying
data to the Department on request. Any prepayment made
pursuant to Section 2d of this Act shall be included in the
amount on which such 2.1% or 1.75% discount is computed. In
the case of retailers who report and pay the tax on a
transaction by transaction basis, as provided in this
Section, such discount shall be taken with each such tax
remittance instead of when such retailer files his periodic
return.
Before October 1, 2000, if the taxpayer's average monthly
tax liability to the Department under this Act, the Use Tax
Act, the Service Occupation Tax Act, and the Service Use Tax
Act, excluding any liability for prepaid sales tax to be
remitted in accordance with Section 2d of this Act, was
$10,000 or more during the preceding 4 complete calendar
quarters, he shall file a return with the Department each
month by the 20th day of the month next following the month
during which such tax liability is incurred and shall make
payments to the Department on or before the 7th, 15th, 22nd
and last day of the month during which such liability is
incurred. On and after October 1, 2000, if the taxpayer's
average monthly tax liability to the Department under this
Act, the Use Tax Act, the Service Occupation Tax Act, and the
Service Use Tax Act, excluding any liability for prepaid
sales tax to be remitted in accordance with Section 2d of
this Act, was $20,000 or more during the preceding 4 complete
calendar quarters, he shall file a return with the Department
each month by the 20th day of the month next following the
month during which such tax liability is incurred and shall
make payment to the Department on or before the 7th, 15th,
22nd and last day of the month during which such liability is
incurred. If the month during which such tax liability is
incurred began prior to January 1, 1985, each payment shall
be in an amount equal to 1/4 of the taxpayer's actual
liability for the month or an amount set by the Department
not to exceed 1/4 of the average monthly liability of the
taxpayer to the Department for the preceding 4 complete
calendar quarters (excluding the month of highest liability
and the month of lowest liability in such 4 quarter period).
If the month during which such tax liability is incurred
begins on or after January 1, 1985 and prior to January 1,
1987, each payment shall be in an amount equal to 22.5% of
the taxpayer's actual liability for the month or 27.5% of the
taxpayer's liability for the same calendar month of the
preceding year. If the month during which such tax liability
is incurred begins on or after January 1, 1987 and prior to
January 1, 1988, each payment shall be in an amount equal to
22.5% of the taxpayer's actual liability for the month or
26.25% of the taxpayer's liability for the same calendar
month of the preceding year. If the month during which such
tax liability is incurred begins on or after January 1, 1988,
and prior to January 1, 1989, or begins on or after January
1, 1996, each payment shall be in an amount equal to 22.5% of
the taxpayer's actual liability for the month or 25% of the
taxpayer's liability for the same calendar month of the
preceding year. If the month during which such tax liability
is incurred begins on or after January 1, 1989, and prior to
January 1, 1996, each payment shall be in an amount equal to
22.5% of the taxpayer's actual liability for the month or 25%
of the taxpayer's liability for the same calendar month of
the preceding year or 100% of the taxpayer's actual liability
for the quarter monthly reporting period. The amount of such
quarter monthly payments shall be credited against the final
tax liability of the taxpayer's return for that month.
Before October 1, 2000, once applicable, the requirement of
the making of quarter monthly payments to the Department by
taxpayers having an average monthly tax liability of $10,000
or more as determined in the manner provided above shall
continue until such taxpayer's average monthly liability to
the Department during the preceding 4 complete calendar
quarters (excluding the month of highest liability and the
month of lowest liability) is less than $9,000, or until such
taxpayer's average monthly liability to the Department as
computed for each calendar quarter of the 4 preceding
complete calendar quarter period is less than $10,000.
However, if a taxpayer can show the Department that a
substantial change in the taxpayer's business has occurred
which causes the taxpayer to anticipate that his average
monthly tax liability for the reasonably foreseeable future
will fall below the $10,000 threshold stated above, then such
taxpayer may petition the Department for a change in such
taxpayer's reporting status. On and after October 1, 2000,
once applicable, the requirement of the making of quarter
monthly payments to the Department by taxpayers having an
average monthly tax liability of $20,000 or more as
determined in the manner provided above shall continue until
such taxpayer's average monthly liability to the Department
during the preceding 4 complete calendar quarters (excluding
the month of highest liability and the month of lowest
liability) is less than $19,000 or until such taxpayer's
average monthly liability to the Department as computed for
each calendar quarter of the 4 preceding complete calendar
quarter period is less than $20,000. However, if a taxpayer
can show the Department that a substantial change in the
taxpayer's business has occurred which causes the taxpayer to
anticipate that his average monthly tax liability for the
reasonably foreseeable future will fall below the $20,000
threshold stated above, then such taxpayer may petition the
Department for a change in such taxpayer's reporting status.
The Department shall change such taxpayer's reporting status
unless it finds that such change is seasonal in nature and
not likely to be long term. If any such quarter monthly
payment is not paid at the time or in the amount required by
this Section, then the taxpayer shall be liable for penalties
and interest on the difference between the minimum amount due
as a payment and the amount of such quarter monthly payment
actually and timely paid, except insofar as the taxpayer has
previously made payments for that month to the Department in
excess of the minimum payments previously due as provided in
this Section. The Department shall make reasonable rules and
regulations to govern the quarter monthly payment amount and
quarter monthly payment dates for taxpayers who file on other
than a calendar monthly basis.
The provisions of this paragraph apply before October 1,
2001. Without regard to whether a taxpayer is required to
make quarter monthly payments as specified above, any
taxpayer who is required by Section 2d of this Act to collect
and remit prepaid taxes and has collected prepaid taxes which
average in excess of $25,000 per month during the preceding 2
complete calendar quarters, shall file a return with the
Department as required by Section 2f and shall make payments
to the Department on or before the 7th, 15th, 22nd and last
day of the month during which such liability is incurred. If
the month during which such tax liability is incurred began
prior to the effective date of this amendatory Act of 1985,
each payment shall be in an amount not less than 22.5% of the
taxpayer's actual liability under Section 2d. If the month
during which such tax liability is incurred begins on or
after January 1, 1986, each payment shall be in an amount
equal to 22.5% of the taxpayer's actual liability for the
month or 27.5% of the taxpayer's liability for the same
calendar month of the preceding calendar year. If the month
during which such tax liability is incurred begins on or
after January 1, 1987, each payment shall be in an amount
equal to 22.5% of the taxpayer's actual liability for the
month or 26.25% of the taxpayer's liability for the same
calendar month of the preceding year. The amount of such
quarter monthly payments shall be credited against the final
tax liability of the taxpayer's return for that month filed
under this Section or Section 2f, as the case may be. Once
applicable, the requirement of the making of quarter monthly
payments to the Department pursuant to this paragraph shall
continue until such taxpayer's average monthly prepaid tax
collections during the preceding 2 complete calendar quarters
is $25,000 or less. If any such quarter monthly payment is
not paid at the time or in the amount required, the taxpayer
shall be liable for penalties and interest on such
difference, except insofar as the taxpayer has previously
made payments for that month in excess of the minimum
payments previously due.
The provisions of this paragraph apply on and after
October 1, 2001. Without regard to whether a taxpayer is
required to make quarter monthly payments as specified above,
any taxpayer who is required by Section 2d of this Act to
collect and remit prepaid taxes and has collected prepaid
taxes that average in excess of $20,000 per month during the
preceding 4 complete calendar quarters shall file a return
with the Department as required by Section 2f and shall make
payments to the Department on or before the 7th, 15th, 22nd
and last day of the month during which the liability is
incurred. Each payment shall be in an amount equal to 22.5%
of the taxpayer's actual liability for the month or 25% of
the taxpayer's liability for the same calendar month of the
preceding year. The amount of the quarter monthly payments
shall be credited against the final tax liability of the
taxpayer's return for that month filed under this Section or
Section 2f, as the case may be. Once applicable, the
requirement of the making of quarter monthly payments to the
Department pursuant to this paragraph shall continue until
the taxpayer's average monthly prepaid tax collections during
the preceding 4 complete calendar quarters (excluding the
month of highest liability and the month of lowest liability)
is less than $19,000 or until such taxpayer's average monthly
liability to the Department as computed for each calendar
quarter of the 4 preceding complete calendar quarters is less
than $20,000. If any such quarter monthly payment is not
paid at the time or in the amount required, the taxpayer
shall be liable for penalties and interest on such
difference, except insofar as the taxpayer has previously
made payments for that month in excess of the minimum
payments previously due.
If any payment provided for in this Section exceeds the
taxpayer's liabilities under this Act, the Use Tax Act, the
Service Occupation Tax Act and the Service Use Tax Act, as
shown on an original monthly return, the Department shall, if
requested by the taxpayer, issue to the taxpayer a credit
memorandum no later than 30 days after the date of payment.
The credit evidenced by such credit memorandum may be
assigned by the taxpayer to a similar taxpayer under this
Act, the Use Tax Act, the Service Occupation Tax Act or the
Service Use Tax Act, in accordance with reasonable rules and
regulations to be prescribed by the Department. If no such
request is made, the taxpayer may credit such excess payment
against tax liability subsequently to be remitted to the
Department under this Act, the Use Tax Act, the Service
Occupation Tax Act or the Service Use Tax Act, in accordance
with reasonable rules and regulations prescribed by the
Department. If the Department subsequently determined that
all or any part of the credit taken was not actually due to
the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount
shall be reduced by 2.1% or 1.75% of the difference between
the credit taken and that actually due, and that taxpayer
shall be liable for penalties and interest on such
difference.
If a retailer of motor fuel is entitled to a credit under
Section 2d of this Act which exceeds the taxpayer's liability
to the Department under this Act for the month which the
taxpayer is filing a return, the Department shall issue the
taxpayer a credit memorandum for the excess.
Beginning January 1, 1990, each month the Department
shall pay into the Local Government Tax Fund, a special fund
in the State treasury which is hereby created, the net
revenue realized for the preceding month from the 1% tax on
sales of food for human consumption which is to be consumed
off the premises where it is sold (other than alcoholic
beverages, soft drinks and food which has been prepared for
immediate consumption) and prescription and nonprescription
medicines, drugs, medical appliances and insulin, urine
testing materials, syringes and needles used by diabetics.
Beginning January 1, 1990, each month the Department
shall pay into the County and Mass Transit District Fund, a
special fund in the State treasury which is hereby created,
4% of the net revenue realized for the preceding month from
the 6.25% general rate.
Beginning August 1, 2000, each month the Department shall
pay into the County and Mass Transit District Fund 20% of the
net revenue realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol.
Beginning January 1, 1990, each month the Department
shall pay into the Local Government Tax Fund 16% of the net
revenue realized for the preceding month from the 6.25%
general rate on the selling price of tangible personal
property.
Beginning August 1, 2000, each month the Department shall
pay into the Local Government Tax Fund 80% of the net revenue
realized for the preceding month from the 1.25% rate on the
selling price of motor fuel and gasohol.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into
the Build Illinois Fund and (b) prior to July 1, 1989, 2.2%
and on and after July 1, 1989, 3.8% thereof shall be paid
into the Build Illinois Fund; provided, however, that if in
any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%,
as the case may be, of the moneys received by the Department
and required to be paid into the Build Illinois Fund pursuant
to this Act, Section 9 of the Use Tax Act, Section 9 of the
Service Use Tax Act, and Section 9 of the Service Occupation
Tax Act, such Acts being hereinafter called the "Tax Acts"
and such aggregate of 2.2% or 3.8%, as the case may be, of
moneys being hereinafter called the "Tax Act Amount", and (2)
the amount transferred to the Build Illinois Fund from the
State and Local Sales Tax Reform Fund shall be less than the
Annual Specified Amount (as hereinafter defined), an amount
equal to the difference shall be immediately paid into the
Build Illinois Fund from other moneys received by the
Department pursuant to the Tax Acts; the "Annual Specified
Amount" means the amounts specified below for fiscal years
1986 through 1993:
Fiscal Year Annual Specified Amount
1986 $54,800,000
1987 $76,650,000
1988 $80,480,000
1989 $88,510,000
1990 $115,330,000
1991 $145,470,000
1992 $182,730,000
1993 $206,520,000;
and means the Certified Annual Debt Service Requirement (as
defined in Section 13 of the Build Illinois Bond Act) or the
Tax Act Amount, whichever is greater, for fiscal year 1994
and each fiscal year thereafter; and further provided, that
if on the last business day of any month the sum of (1) the
Tax Act Amount required to be deposited into the Build
Illinois Bond Account in the Build Illinois Fund during such
month and (2) the amount transferred to the Build Illinois
Fund from the State and Local Sales Tax Reform Fund shall
have been less than 1/12 of the Annual Specified Amount, an
amount equal to the difference shall be immediately paid into
the Build Illinois Fund from other moneys received by the
Department pursuant to the Tax Acts; and, further provided,
that in no event shall the payments required under the
preceding proviso result in aggregate payments into the Build
Illinois Fund pursuant to this clause (b) for any fiscal year
in excess of the greater of (i) the Tax Act Amount or (ii)
the Annual Specified Amount for such fiscal year. The
amounts payable into the Build Illinois Fund under clause (b)
of the first sentence in this paragraph shall be payable only
until such time as the aggregate amount on deposit under each
trust indenture securing Bonds issued and outstanding
pursuant to the Build Illinois Bond Act is sufficient, taking
into account any future investment income, to fully provide,
in accordance with such indenture, for the defeasance of or
the payment of the principal of, premium, if any, and
interest on the Bonds secured by such indenture and on any
Bonds expected to be issued thereafter and all fees and costs
payable with respect thereto, all as certified by the
Director of the Bureau of the Budget. If on the last
business day of any month in which Bonds are outstanding
pursuant to the Build Illinois Bond Act, the aggregate of
moneys deposited in the Build Illinois Bond Account in the
Build Illinois Fund in such month shall be less than the
amount required to be transferred in such month from the
Build Illinois Bond Account to the Build Illinois Bond
Retirement and Interest Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to such deficiency
shall be immediately paid from other moneys received by the
Department pursuant to the Tax Acts to the Build Illinois
Fund; provided, however, that any amounts paid to the Build
Illinois Fund in any fiscal year pursuant to this sentence
shall be deemed to constitute payments pursuant to clause (b)
of the first sentence of this paragraph and shall reduce the
amount otherwise payable for such fiscal year pursuant to
that clause (b). The moneys received by the Department
pursuant to this Act and required to be deposited into the
Build Illinois Fund are subject to the pledge, claim and
charge set forth in Section 12 of the Build Illinois Bond
Act.
Subject to payment of amounts into the Build Illinois
Fund as provided in the preceding paragraph or in any
amendment thereto hereafter enacted, the following specified
monthly installment of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority provided under Section 8.25f of the
State Finance Act, but not in excess of sums designated as
"Total Deposit", shall be deposited in the aggregate from
collections under Section 9 of the Use Tax Act, Section 9 of
the Service Use Tax Act, Section 9 of the Service Occupation
Tax Act, and Section 3 of the Retailers' Occupation Tax Act
into the McCormick Place Expansion Project Fund in the
specified fiscal years.
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 93,000,000
2003 99,000,000
2004 103,000,000
2005 108,000,000
2006 113,000,000
2007 119,000,000
2008 126,000,000
2009 132,000,000
2010 139,000,000
2011 146,000,000
2012 153,000,000
2013 161,000,000
2014 170,000,000
2015 179,000,000
2016 189,000,000
2017 199,000,000
2018 210,000,000
2019 221,000,000
2020 233,000,000
2021 246,000,000
2022 260,000,000
2023 and 275,000,000
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority
Act, but not after fiscal year 2042.
Beginning July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority for that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under subsection
(g) of Section 13 of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in the deposits
required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for the fiscal year,
but not in excess of the amount specified above as "Total
Deposit", has been deposited.
Subject to payment of amounts into the Build Illinois
Fund and the McCormick Place Expansion Project Fund pursuant
to the preceding paragraphs or in any amendment thereto
hereafter enacted, each month the Department shall pay into
the Local Government Distributive Fund 0.4% of the net
revenue realized for the preceding month from the 5% general
rate or 0.4% of 80% of the net revenue realized for the
preceding month from the 6.25% general rate, as the case may
be, on the selling price of tangible personal property which
amount shall, subject to appropriation, be distributed as
provided in Section 2 of the State Revenue Sharing Act. No
payments or distributions pursuant to this paragraph shall be
made if the tax imposed by this Act on photoprocessing
products is declared unconstitutional, or if the proceeds
from such tax are unavailable for distribution because of
litigation.
Subject to payment of amounts into the Build Illinois
Fund, and the McCormick Place Expansion Project Fund, and the
Local Government Distributive Fund pursuant to the preceding
paragraphs or in any amendments thereto hereafter enacted,
beginning July 1, 1993, the Department shall each month pay
into the Illinois Tax Increment Fund 0.27% of 80% of the net
revenue realized for the preceding month from the 6.25%
general rate on the selling price of tangible personal
property.
Subject to payment of amounts into the Build Illinois
Fund, the McCormick Place Expansion Project Fund, and the
Local Government Distributive Fund pursuant to the preceding
paragraphs or in any amendments thereto hereafter enacted,
beginning with the receipt of the first report of taxes paid
by an eligible business and continuing for a 25-year period,
the Department shall each month pay into the Energy
Infrastructure Fund 80% of the net revenue realized from the
6.25% general rate on the selling price of Illinois-mined
coal that was sold to an eligible business. For purposes of
this paragraph, the term "eligible business" means a new
electric generating facility certified pursuant to Section
605-332 of the Department of Commerce and Community Affairs
Law of the Civil Administrative Code of Illinois.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the
State Treasury and 25% shall be reserved in a special account
and used only for the transfer to the Common School Fund as
part of the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
The Department may, upon separate written notice to a
taxpayer, require the taxpayer to prepare and file with the
Department on a form prescribed by the Department within not
less than 60 days after receipt of the notice an annual
information return for the tax year specified in the notice.
Such annual return to the Department shall include a
statement of gross receipts as shown by the retailer's last
Federal income tax return. If the total receipts of the
business as reported in the Federal income tax return do not
agree with the gross receipts reported to the Department of
Revenue for the same period, the retailer shall attach to his
annual return a schedule showing a reconciliation of the 2
amounts and the reasons for the difference. The retailer's
annual return to the Department shall also disclose the cost
of goods sold by the retailer during the year covered by such
return, opening and closing inventories of such goods for
such year, costs of goods used from stock or taken from stock
and given away by the retailer during such year, payroll
information of the retailer's business during such year and
any additional reasonable information which the Department
deems would be helpful in determining the accuracy of the
monthly, quarterly or annual returns filed by such retailer
as provided for in this Section.
If the annual information return required by this Section
is not filed when and as required, the taxpayer shall be
liable as follows:
(i) Until January 1, 1994, the taxpayer shall be
liable for a penalty equal to 1/6 of 1% of the tax due
from such taxpayer under this Act during the period to be
covered by the annual return for each month or fraction
of a month until such return is filed as required, the
penalty to be assessed and collected in the same manner
as any other penalty provided for in this Act.
(ii) On and after January 1, 1994, the taxpayer
shall be liable for a penalty as described in Section 3-4
of the Uniform Penalty and Interest Act.
The chief executive officer, proprietor, owner or highest
ranking manager shall sign the annual return to certify the
accuracy of the information contained therein. Any person
who willfully signs the annual return containing false or
inaccurate information shall be guilty of perjury and
punished accordingly. The annual return form prescribed by
the Department shall include a warning that the person
signing the return may be liable for perjury.
The provisions of this Section concerning the filing of
an annual information return do not apply to a retailer who
is not required to file an income tax return with the United
States Government.
As soon as possible after the first day of each month,
upon certification of the Department of Revenue, the
Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Motor Fuel Tax
Fund an amount equal to 1.7% of 80% of the net revenue
realized under this Act for the second preceding month.
Beginning April 1, 2000, this transfer is no longer required
and shall not be made.
Net revenue realized for a month shall be the revenue
collected by the State pursuant to this Act, less the amount
paid out during that month as refunds to taxpayers for
overpayment of liability.
For greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold at retail
in Illinois by numerous retailers, and who wish to do so, may
assume the responsibility for accounting and paying to the
Department all tax accruing under this Act with respect to
such sales, if the retailers who are affected do not make
written objection to the Department to this arrangement.
Any person who promotes, organizes, provides retail
selling space for concessionaires or other types of sellers
at the Illinois State Fair, DuQuoin State Fair, county fairs,
local fairs, art shows, flea markets and similar exhibitions
or events, including any transient merchant as defined by
Section 2 of the Transient Merchant Act of 1987, is required
to file a report with the Department providing the name of
the merchant's business, the name of the person or persons
engaged in merchant's business, the permanent address and
Illinois Retailers Occupation Tax Registration Number of the
merchant, the dates and location of the event and other
reasonable information that the Department may require. The
report must be filed not later than the 20th day of the month
next following the month during which the event with retail
sales was held. Any person who fails to file a report
required by this Section commits a business offense and is
subject to a fine not to exceed $250.
Any person engaged in the business of selling tangible
personal property at retail as a concessionaire or other type
of seller at the Illinois State Fair, county fairs, art
shows, flea markets and similar exhibitions or events, or any
transient merchants, as defined by Section 2 of the Transient
Merchant Act of 1987, may be required to make a daily report
of the amount of such sales to the Department and to make a
daily payment of the full amount of tax due. The Department
shall impose this requirement when it finds that there is a
significant risk of loss of revenue to the State at such an
exhibition or event. Such a finding shall be based on
evidence that a substantial number of concessionaires or
other sellers who are not residents of Illinois will be
engaging in the business of selling tangible personal
property at retail at the exhibition or event, or other
evidence of a significant risk of loss of revenue to the
State. The Department shall notify concessionaires and other
sellers affected by the imposition of this requirement. In
the absence of notification by the Department, the
concessionaires and other sellers shall file their returns as
otherwise required in this Section.
(Source: P.A. 91-37, eff. 7-1-99; 91-51, eff. 6-30-99;
91-101, eff. 7-12-99; 91-541, eff. 8-13-99; 91-872, eff.
7-1-00; 91-901, eff. 1-1-01; 92-12, eff. 7-1-01; 92-16, eff.
6-28-01; 92-208, eff. 8-2-01; 92-484, eff. 8-23-01; 92-492,
eff. 1-1-02; revised 9-14-01.)
Section 29. The Property Tax Code is amended by changing
Sections 15-25, 18-165, and 31-5 as follows:
(35 ILCS 200/15-25)
Sec. 15-25. Removal of exemptions. If the Department
determines that any property has been unlawfully exempted
from taxation, or is no longer entitled to exemption, the
Department shall, before January 1 of any year, direct the
chief county assessment officer to assess the property and
return it to the assessment rolls for the next assessment
year. The Department shall give notice of its decision to
the owner of the property by certified mail. The decision
shall be subject to review and hearing under with Section
8-35, upon application by the owner filed within 10 days
after the notice of decision is mailed. However, the
extension of taxes on the assessment shall not be delayed by
any proceedings under this Section. If the property is
determined to be exempt, any taxes extended upon the
assessment shall be abated or, if already paid, be refunded.
(Source: P.A. 82-554; 88-455; revised 12-04-01.)
(35 ILCS 200/18-165)
Sec. 18-165. Abatement of taxes.
(a) Any taxing district, upon a majority vote of its
governing authority, may, after the determination of the
assessed valuation of its property, order the clerk of that
county to abate any portion of its taxes on the following
types of property:
(1) Commercial and industrial.
(A) The property of any commercial or
industrial firm, including but not limited to the
property of (i) any firm that is used for
collecting, separating, storing, or processing
recyclable materials, locating within the taxing
district during the immediately preceding year from
another state, territory, or country, or having been
newly created within this State during the
immediately preceding year, or expanding an existing
facility, or (ii) any firm that is used for the
generation and transmission of electricity locating
within the taxing district during the immediately
preceding year or expanding its presence within the
taxing district during the immediately preceding
year by construction of a new electric generating
facility that uses natural gas as its fuel, or any
firm that is used for production operations at a
new, expanded, or reopened coal mine within the
taxing district, that has been certified as a High
Impact Business by the Illinois Department of
Commerce and Community Affairs. The property of any
firm used for the generation and transmission of
electricity shall include all property of the firm
used for transmission facilities as defined in
Section 5.5 of the Illinois Enterprise Zone Act.
The abatement shall not exceed a period of 10 years
and the aggregate amount of abated taxes for all
taxing districts combined shall not exceed
$4,000,000.
(A-5) Any property in the taxing district of a
new electric generating facility, as defined in
Section 605-332 of the Department of Commerce and
Community Affairs Law of the Civil Administrative
Code of Illinois. The abatement shall not exceed a
period of 10 years. The abatement shall be subject
to the following limitations:
(i) if the equalized assessed valuation
of the new electric generating facility is
equal to or greater than $25,000,000 but less
than $50,000,000, then the abatement may not
exceed (i) over the entire term of the
abatement, 5% of the taxing district's
aggregate taxes from the new electric
generating facility and (ii) in any one year of
abatement, 20% of the taxing district's taxes
from the new electric generating facility;
(ii) if the equalized assessed valuation
of the new electric generating facility is
equal to or greater than $50,000,000 but less
than $75,000,000, then the abatement may not
exceed (i) over the entire term of the
abatement, 10% of the taxing district's
aggregate taxes from the new electric
generating facility and (ii) in any one year of
abatement, 35% of the taxing district's taxes
from the new electric generating facility;
(iii) if the equalized assessed valuation
of the new electric generating facility is
equal to or greater than $75,000,000 but less
than $100,000,000, then the abatement may not
exceed (i) over the entire term of the
abatement, 20% of the taxing district's
aggregate taxes from the new electric
generating facility and (ii) in any one year of
abatement, 50% of the taxing district's taxes
from the new electric generating facility;
(iv) if the equalized assessed valuation
of the new electric generating facility is
equal to or greater than $100,000,000 but less
than $125,000,000, then the abatement may not
exceed (i) over the entire term of the
abatement, 30% of the taxing district's
aggregate taxes from the new electric
generating facility and (ii) in any one year of
abatement, 60% of the taxing district's taxes
from the new electric generating facility;
(v) if the equalized assessed valuation
of the new electric generating facility is
equal to or greater than $125,000,000 but less
than $150,000,000, then the abatement may not
exceed (i) over the entire term of the
abatement, 40% of the taxing district's
aggregate taxes from the new electric
generating facility and (ii) in any one year of
abatement, 60% of the taxing district's taxes
from the new electric generating facility;
(vi) if the equalized assessed valuation
of the new electric generating facility is
equal to or greater than $150,000,000, then the
abatement may not exceed (i) over the entire
term of the abatement, 50% of the taxing
district's aggregate taxes from the new
electric generating facility and (ii) in any
one year of abatement, 60% of the taxing
district's taxes from the new electric
generating facility.
The abatement is not effective unless the owner
of the new electric generating facility agrees to
repay to the taxing district all amounts previously
abated, together with interest computed at the rate
and in the manner provided for delinquent taxes, in
the event that the owner of the new electric
generating facility closes the new electric
generating facility before the expiration of the
entire term of the abatement.
The authorization of taxing districts to abate
taxes under this subdivision (a)(1)(A-5) expires on
January 1, 2010.
(B) The property of any commercial or
industrial development of at least 500 acres having
been created within the taxing district. The
abatement shall not exceed a period of 20 years and
the aggregate amount of abated taxes for all taxing
districts combined shall not exceed $12,000,000.
(C) The property of any commercial or
industrial firm currently located in the taxing
district that expands a facility or its number of
employees. The abatement shall not exceed a period
of 10 years and the aggregate amount of abated taxes
for all taxing districts combined shall not exceed
$4,000,000. The abatement period may be renewed at
the option of the taxing districts.
(2) Horse racing. Any property in the taxing
district which is used for the racing of horses and upon
which capital improvements consisting of expansion,
improvement or replacement of existing facilities have
been made since July 1, 1987. The combined abatements
for such property from all taxing districts in any county
shall not exceed $5,000,000 annually and shall not exceed
a period of 10 years.
(3) Auto racing. Any property designed exclusively
for the racing of motor vehicles. Such abatement shall
not exceed a period of 10 years.
(4) Academic or research institute. The property
of any academic or research institute in the taxing
district that (i) is an exempt organization under
paragraph (3) of Section 501(c) of the Internal Revenue
Code, (ii) operates for the benefit of the public by
actually and exclusively performing scientific research
and making the results of the research available to the
interested public on a non-discriminatory basis, and
(iii) employs more than 100 employees. An abatement
granted under this paragraph shall be for at least 15
years and the aggregate amount of abated taxes for all
taxing districts combined shall not exceed $5,000,000.
(5) Housing for older persons. Any property in the
taxing district that is devoted exclusively to affordable
housing for older households. For purposes of this
paragraph, "older households" means those households (i)
living in housing provided under any State or federal
program that the Department of Human Rights determines is
specifically designed and operated to assist elderly
persons and is solely occupied by persons 55 years of age
or older and (ii) whose annual income does not exceed 80%
of the area gross median income, adjusted for family
size, as such gross income and median income are
determined from time to time by the United States
Department of Housing and Urban Development. The
abatement shall not exceed a period of 15 years, and the
aggregate amount of abated taxes for all taxing districts
shall not exceed $3,000,000.
(6) Historical society. For assessment years 1998
through 2003, the property of an historical society
qualifying as an exempt organization under Section
501(c)(3) of the federal Internal Revenue Code.
(7) Recreational facilities. Any property in the
taxing district (i) that is used for a municipal airport,
(ii) that is subject to a leasehold assessment under
Section 9-195 of this Code and (iii) which is sublet from
a park district that is leasing the property from a
municipality, but only if the property is used
exclusively for recreational facilities or for parking
lots used exclusively for those facilities. The
abatement shall not exceed a period of 10 years.
(8) Relocated corporate headquarters. If approval
occurs within 5 years after the effective date of this
amendatory Act of the 92nd General Assembly, any property
or a portion of any property in a taxing district that is
used by an eligible business for a corporate headquarters
as defined in the Corporate Headquarters Relocation Act.
Instead of an abatement under this paragraph (8), a
taxing district may enter into an agreement with an
eligible business to make annual payments to that
eligible business in an amount not to exceed the property
taxes paid directly or indirectly by that eligible
business to the taxing district and any other taxing
districts for premises occupied pursuant to a written
lease and may make those payments without the need for an
annual appropriation. No school district, however, may
enter into an agreement with, or abate taxes for, an
eligible business unless the municipality in which the
corporate headquarters is located agrees to provide
funding to the school district in an amount equal to the
amount abated or paid by the school district as provided
in this paragraph (8). Any abatement ordered or
agreement entered into under this paragraph (8) may be
effective for the entire term specified by the taxing
district, except the term of the abatement or annual
payments may not exceed 20 years.
(b) Upon a majority vote of its governing authority, any
municipality may, after the determination of the assessed
valuation of its property, order the county clerk to abate
any portion of its taxes on any property that is located
within the corporate limits of the municipality in accordance
with Section 8-3-18 of the Illinois Municipal Code.
(Source: P.A. 91-644, eff. 8-20-99; 91-885, eff. 7-6-00;
92-12, eff. 7-1-01; 92-207, eff. 8-1-01; 92-247, eff. 8-3-01;
revised 9-19-01.)
(35 ILCS 200/31-5)
Sec. 31-5. Definitions. "Recordation" includes the
issuance of certificates of title by Registrars of Title
under the Registered Titles (Torrens) Act pursuant to the
filing of deeds or trust documents for that purpose, as well
as the recording of deeds or trust documents by recorders.
"Department" means the Department of Revenue.
"Person" means any natural individual, firm, partnership,
association, joint stock company, joint adventure, public or
private corporation, limited liability company, or a
receiver, executor, trustee, guardian or other representative
appointed by order of any court.
"Value" means the amount of the full actual
consideration, including the amount of any lien assumed by
the buyer.
"Trust document" means a document required to be recorded
under the Land Trust Recordation and Transfer Tax Act.
(Source: P.A. 88-455; incorporates 88-480; 88-670, eff.
12-2-94; revised 12-13-01.)
Section 30. The Motor Fuel Tax Law is amended by
changing Section 15 as follows:
(35 ILCS 505/15) (from Ch. 120, par. 431)
Sec. 15. 1. Any person who knowingly acts as a
distributor of motor fuel or supplier of special fuel, or
receiver of fuel without having a license so to do, or who
knowingly fails or refuses to file a return with the
Department as provided in Section 2b, Section 5, or Section
5a of this Act, or who knowingly fails or refuses to make
payment to the Department as provided either in Section 2b,
Section 6, Section 6a, or Section 7 of this Act, shall be
guilty of a Class 3 felony. Each day any person knowingly
acts as a distributor of motor fuel, supplier of special
fuel, or receiver of fuel without having a license so to do
or after such a license has been revoked, constitutes a
separate offense.
2. Any person who acts as a motor carrier without having
a valid motor fuel use tax license, issued by the Department
or by a member jurisdiction under the provisions of the
International Fuel Tax Agreement, or a valid single trip
permit is guilty of a Class A misdemeanor for a first offense
and is guilty of a Class 4 felony for each subsequent
offense. Any person (i) who fails or refuses to make payment
to the Department as provided in Section 13a.1 of this Act or
in the International Fuel Tax Agreement referenced in Section
14a, or (ii) who fails or refuses to make the quarterly
return as provided in Section 13a.3 is guilty of a Class 4
felony; and for each subsequent offense, such person is
guilty of a Class 3 felony.
3. In case such person acting as a distributor,
receiver, supplier, or motor carrier is a corporation, then
the officer or officers, agent or agents, employee or
employees, of such corporation responsible for any act of
such corporation, or failure of such corporation to act,
which acts or failure to act constitutes a violation of any
of the provisions of this Act as enumerated in paragraphs 1
and 2 of this Section, shall be punished by such fine or
imprisonment, or by both such fine and imprisonment as
provided in those paragraphs.
3.5. Any person who knowingly enters false information
on any supporting documentation required to be kept by
Section 6 or 6a of this Act is guilty of a Class 3 felony.
3.7. Any person who knowingly attempts in any manner to
evade or defeat any tax imposed by this Act or the payment of
any tax imposed by this Act is guilty of a Class 2 felony.
4. Any person who refuses, upon demand, to submit for
inspection, books and records, or who fails or refuses to
keep books and records in violation of Section 12 of this
Act, or any distributor, receiver, or supplier who violates
any reasonable rule or regulation adopted by the Department
for the enforcement of this Act is guilty of a Class A
misdemeanor. Any person who acts as a blender in violation
of Section 3 of this Act or who having transported reportable
motor fuel within Section 7b of this Act fails to make the
return required by that Section, is guilty of a Class 4
felony.
5. Any person licensed under Section 13a.4, 13a.5, or
the International Fuel Tax Agreement who: (a) fails or
refuses to keep records and books, as provided in Section
13a.2 or as required by the terms of the International Fuel
Tax Agreement, (b) refuses upon demand by the Department to
submit for inspection and examination the records required by
Section 13a.2 of this Act or by the terms of the
International Fuel Tax Agreement, or (c) violates any
reasonable rule or regulation adopted by the Department for
the enforcement of this Act, is guilty of a Class A
misdemeanor.
6. Any person who makes any false return or report to
the Department as to any material fact required by Sections
2b, 5, 5a, 7, 13, or 13a.3 of this Act or by the
International Fuel Tax Agreement is guilty of a Class 2
felony.
7. A prosecution for any violation of this Section may
be commenced anytime within 5 years of the commission of that
violation. A prosecution for tax evasion as set forth in
paragraph 3.7 of this Section may be prosecuted any time
within 5 years of the commission of the last act in
furtherance of evasion. The running of the period of
limitations under this Section shall be suspended while any
proceeding or appeal from any proceeding relating to the
quashing or enforcement of any grand jury or administrative
subpoena issued in connection with an investigation of the
violation of any provision of this Act is pending.
8. Any person who provides false documentation required
by any Section of this Act is guilty of a Class 4 felony.
9. Any person filing a fraudulent application or order
form under any provision of this Act is guilty of a Class A
misdemeanor. For each subsequent offense, the person is
guilty of a Class 4 felony.
10. Any person who acts as a motor carrier and who fails
to carry a manifest as provided in Section 5.5 is guilty of a
Class A misdemeanor. For each subsequent offense, the person
is guilty of a Class 4 felony.
11. Any person who knowingly sells or attempts to sell
dyed diesel fuel for highway use or for use by
recreational-type watercraft on the waters of this State is
guilty of a Class 4 felony. For each subsequent offense, the
person is guilty of a Class 2 felony.
12. Any person who knowingly possesses dyed diesel fuel
for highway use or for use by recreational-type watercraft on
the waters of this State is guilty of a Class A misdemeanor.
For each subsequent offense, the person is guilty of a Class
4 felony.
13. Any person who sells or transports dyed diesel fuel
without the notice required by Section 4e shall pay the
following penalty:
First occurrence....................................$ 500
Second and each occurrence thereafter..............$1,000
14. Any person who owns, operates, or controls any
container, storage tank, or facility used to store or
distribute dyed diesel fuel without the notice required by
Section 4f shall pay the following penalty:
First occurrence....................................$ 500
Second and each occurrence thereafter..............$1,000
15. If a motor vehicle required to be registered for
highway purposes is found to have dyed diesel fuel within the
ordinary fuel tanks attached to the motor vehicle or if a
recreational-type watercraft on the waters of this State is
found to have dyed diesel fuel within the ordinary fuel tanks
attached to the watercraft, the operator shall pay the
following penalty:
First occurrence...................................$2,500
Second and each occurrence thereafter..............$5,000
16. Any licensed motor fuel distributor or licensed
supplier who sells or attempts to sell dyed diesel fuel for
highway use or for use by recreational-type watercraft on the
waters of this State shall pay the following penalty:
First occurrence..................................$ 5,000
Second and each occurrence thereafter.............$10,000
17. Any person who knowingly sells or distributes dyed
diesel fuel without the notice required by Section 4e is
guilty of a petty offense. For each subsequent offense, the
person is guilty of a Class A misdemeanor.
18. Any person who knowingly owns, operates, or controls
any container, storage tank, or facility used to store or
distribute dyed diesel fuel without the notice required by
Section 4f is guilty of a petty offense. For each subsequent
offense the person is guilty of a Class A misdemeanor.
For purposes of this Section, dyed diesel fuel means any
dyed diesel fuel whether or not dyed pursuant to Section 4d
of this Law.
Any person aggrieved by any action of the Department
under item 13, 14, 15, or 16 of this Section may protest the
action by making a written request for a hearing within 60
days of the original action. If the hearing is not requested
in writing within 60 days, the original action is final.
All penalties received under items 13, 14, 15, and 16 of
this Section shall be deposited into the Tax Compliance and
Administration Fund.
(Source: P.A. 91-173, eff. 1-1-00; 92-30, eff. 7-1-01;
92-232, eff. 8-2-01; revised 9-19-01.)
Section 31. The Illinois Pension Code is amended by
changing Sections 1-113.7, 14-110, 14-114, 16-106, and
17-119.1 as follows:
(40 ILCS 5/1-113.7)
Sec. 1-113.7. Registration of investments; custody and
safekeeping. The board of trustees may register the
investments of its pension fund in the name of the pension
fund, in the nominee name of a bank or trust company
authorized to conduct a trust business in Illinois, or in the
nominee name of the Illinois Public Treasurer's Investment
Pool.
The assets of the pension fund and ownership of its
investments shall be protected through third-party custodial
safekeeping. The board of trustees may appoint as custodian
of the investments of its pension fund the treasurer of the
municipality, a bank or trust company authorized to conduct a
trust business in Illinois, or the Illinois Public
Treasurer's Investment Pool.
A dealer may not maintain possession of or control over
securities of a pension fund subject to the provisions of
this Section unless it is registered as a broker-dealer with
the U.S. Securities and Exchange Commission and is a member
in good standing of the National Association of Securities
Dealers, and (1) with respect to securities that are not
issued only in book-entry form, (A) all such securities of
each fund are either held in safekeeping in a place
reasonably free from risk of destruction or held in custody
by a securities depository that is a "clearing agency"
registered with the U.S. Securities and Exchange Commission,
(B) the dealer is a member of the Securities Investor
Protection Corporation, (C) the dealer sends to each fund, no
less frequently than each calendar quarter, an itemized
statement showing the moneys and securities in the custody or
possession of the dealer at the end of such period, and (D)
an independent certified public accountant account conducts
an audit, no less frequently than each calendar year, that
reviews the dealer's internal accounting controls and
procedures for safeguarding securities; and (2) with respect
to securities that are issued only in book-entry form, (A)
all such securities of each fund are held either in a
securities depository that is a "clearing agency" registered
with the U.S. Securities and Exchange Commission or in a bank
that is a member of the Federal Reserve System, (B) the
dealer records the ownership interest of the funds in such
securities on the dealer's books and records, (C) the dealer
is a member of the Securities Investor Protection
Corporation, (D) the dealer sends to each fund, no less
frequently than each calendar quarter, an itemized statement
showing the moneys and securities in the custody or
possession of the dealer at the end of such period, and (E)
the dealer's financial statement (which shall contain among
other things a statement of the dealer's net capital and its
required net capital computed in accordance with Rule 15c3-1
under the Securities Exchange Act of 1934) is audited
annually by an independent certified public accountant, and
the dealer's most recent audited financial statement is
furnished to the fund. No broker-dealer serving as a
custodian for any public pension fund as provided by this Act
shall be authorized to serve as an investment advisor for
that same public pension fund as described in Section 1-101.4
of this Code, to the extent that the investment advisor
acquires or disposes of any asset of that same public pension
fund. Notwithstanding the foregoing, in no event may a
broker or dealer that is a natural person maintain possession
of or control over securities or other assets of a pension
fund subject to the provisions of this Section. In
maintaining securities of a pension fund subject to the
provisions of this Section, each dealer must maintain those
securities in conformity with the provisions of Rule
15c3-3(b) of the Securities Exchange Act of 1934 (Physical
Possession or Control of Securities). The Director of the
Department of Insurance may adopt such rules and regulations
as shall be necessary and appropriate in his or her judgment
to effectuate the purposes of this Section.
A bank or trust company authorized to conduct a trust
business in Illinois shall register, deposit, or hold
investments for safekeeping, all in accordance with the
obligations and subject to the limitations of the Securities
in Fiduciary Accounts Act.
(Source: P.A. 90-507, eff. 8-22-97; revised 12-13-01.)
(40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
Sec. 14-110. Alternative retirement annuity.
(a) Any member who has withdrawn from service with not
less than 20 years of eligible creditable service and has
attained age 55, and any member who has withdrawn from
service with not less than 25 years of eligible creditable
service and has attained age 50, regardless of whether the
attainment of either of the specified ages occurs while the
member is still in service, shall be entitled to receive at
the option of the member, in lieu of the regular or minimum
retirement annuity, a retirement annuity computed as
follows:
(i) for periods of service as a noncovered
employee: if retirement occurs on or after January 1,
2001, 3% of final average compensation for each year of
creditable service; if retirement occurs before January
1, 2001, 2 1/4% of final average compensation for each of
the first 10 years of creditable service, 2 1/2% for each
year above 10 years to and including 20 years of
creditable service, and 2 3/4% for each year of
creditable service above 20 years; and
(ii) for periods of eligible creditable service as
a covered employee: if retirement occurs on or after
January 1, 2001, 2.5% of final average compensation for
each year of creditable service; if retirement occurs
before January 1, 2001, 1.67% of final average
compensation for each of the first 10 years of such
service, 1.90% for each of the next 10 years of such
service, 2.10% for each year of such service in excess of
20 but not exceeding 30, and 2.30% for each year in
excess of 30.
Such annuity shall be subject to a maximum of 75% of
final average compensation if retirement occurs before
January 1, 2001 or to a maximum of 80% of final average
compensation if retirement occurs on or after January 1,
2001.
These rates shall not be applicable to any service
performed by a member as a covered employee which is not
eligible creditable service. Service as a covered employee
which is not eligible creditable service shall be subject to
the rates and provisions of Section 14-108.
(b) For the purpose of this Section, "eligible
creditable service" means creditable service resulting from
service in one or more of the following positions:
(1) State policeman;
(2) fire fighter in the fire protection service of
a department;
(3) air pilot;
(4) special agent;
(5) investigator for the Secretary of State;
(6) conservation police officer;
(7) investigator for the Department of Revenue;
(8) security employee of the Department of Human
Services;
(9) Central Management Services security police
officer;
(10) security employee of the Department of
Corrections;
(11) dangerous drugs investigator;
(12) investigator for the Department of State
Police;
(13) investigator for the Office of the Attorney
General;
(14) controlled substance inspector;
(15) investigator for the Office of the State's
Attorneys Appellate Prosecutor;
(16) Commerce Commission police officer;
(17) arson investigator;
(18) State highway maintenance worker.
A person employed in one of the positions specified in
this subsection is entitled to eligible creditable service
for service credit earned under this Article while undergoing
the basic police training course approved by the Illinois Law
Enforcement Training Standards Board, if completion of that
training is required of persons serving in that position. For
the purposes of this Code, service during the required basic
police training course shall be deemed performance of the
duties of the specified position, even though the person is
not a sworn peace officer at the time of the training.
(c) For the purposes of this Section:
(1) The term "state policeman" includes any title
or position in the Department of State Police that is
held by an individual employed under the State Police
Act.
(2) The term "fire fighter in the fire protection
service of a department" includes all officers in such
fire protection service including fire chiefs and
assistant fire chiefs.
(3) The term "air pilot" includes any employee
whose official job description on file in the Department
of Central Management Services, or in the department by
which he is employed if that department is not covered by
the Personnel Code, states that his principal duty is the
operation of aircraft, and who possesses a pilot's
license; however, the change in this definition made by
this amendatory Act of 1983 shall not operate to exclude
any noncovered employee who was an "air pilot" for the
purposes of this Section on January 1, 1984.
(4) The term "special agent" means any person who
by reason of employment by the Division of Narcotic
Control, the Bureau of Investigation or, after July 1,
1977, the Division of Criminal Investigation, the
Division of Internal Investigation, the Division of
Operations, or any other Division or organizational
entity in the Department of State Police is vested by law
with duties to maintain public order, investigate
violations of the criminal law of this State, enforce the
laws of this State, make arrests and recover property.
The term "special agent" includes any title or position
in the Department of State Police that is held by an
individual employed under the State Police Act.
(5) The term "investigator for the Secretary of
State" means any person employed by the Office of the
Secretary of State and vested with such investigative
duties as render him ineligible for coverage under the
Social Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
A person who became employed as an investigator for
the Secretary of State between January 1, 1967 and
December 31, 1975, and who has served as such until
attainment of age 60, either continuously or with a
single break in service of not more than 3 years
duration, which break terminated before January 1, 1976,
shall be entitled to have his retirement annuity
calculated in accordance with subsection (a),
notwithstanding that he has less than 20 years of credit
for such service.
(6) The term "Conservation Police Officer" means
any person employed by the Division of Law Enforcement of
the Department of Natural Resources and vested with such
law enforcement duties as render him ineligible for
coverage under the Social Security Act by reason of
Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
that Act. The term "Conservation Police Officer"
includes the positions of Chief Conservation Police
Administrator and Assistant Conservation Police
Administrator.
(7) The term "investigator for the Department of
Revenue" means any person employed by the Department of
Revenue and vested with such investigative duties as
render him ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
(8) The term "security employee of the Department
of Human Services" means any person employed by the
Department of Human Services who (i) is employed at the
Chester Mental Health Center and has daily contact with
the residents thereof, (ii) is employed within a security
unit at a facility operated by the Department and has
daily contact with the residents of the security unit,
(iii) is employed at a facility operated by the
Department that includes a security unit and is regularly
scheduled to work at least 50% of his or her working
hours within that security unit, or (iv) is a mental
health police officer. "Mental health police officer"
means any person employed by the Department of Human
Services in a position pertaining to the Department's
mental health and developmental disabilities functions
who is vested with such law enforcement duties as render
the person ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. "Security unit"
means that portion of a facility that is devoted to the
care, containment, and treatment of persons committed to
the Department of Human Services as sexually violent
persons, persons unfit to stand trial, or persons not
guilty by reason of insanity. With respect to past
employment, references to the Department of Human
Services include its predecessor, the Department of
Mental Health and Developmental Disabilities.
The changes made to this subdivision (c)(8) by
Public Act 92-14 this amendatory Act of the 92nd General
Assembly apply to persons who retire on or after January
1, 2001, notwithstanding Section 1-103.1.
(9) "Central Management Services security police
officer" means any person employed by the Department of
Central Management Services who is vested with such law
enforcement duties as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
(10) The term "security employee of the Department
of Corrections" means any employee of the Department of
Corrections or the former Department of Personnel, and
any member or employee of the Prisoner Review Board, who
has daily contact with inmates by working within a
correctional facility or who is a parole officer or an
employee who has direct contact with committed persons in
the performance of his or her job duties.
(11) The term "dangerous drugs investigator" means
any person who is employed as such by the Department of
Human Services.
(12) The term "investigator for the Department of
State Police" means a person employed by the Department
of State Police who is vested under Section 4 of the
Narcotic Control Division Abolition Act with such law
enforcement powers as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
(13) "Investigator for the Office of the Attorney
General" means any person who is employed as such by the
Office of the Attorney General and is vested with such
investigative duties as render him ineligible for
coverage under the Social Security Act by reason of
Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
Act. For the period before January 1, 1989, the term
includes all persons who were employed as investigators
by the Office of the Attorney General, without regard to
social security status.
(14) "Controlled substance inspector" means any
person who is employed as such by the Department of
Professional Regulation and is vested with such law
enforcement duties as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
The term "controlled substance inspector" includes the
Program Executive of Enforcement and the Assistant
Program Executive of Enforcement.
(15) The term "investigator for the Office of the
State's Attorneys Appellate Prosecutor" means a person
employed in that capacity on a full time basis under the
authority of Section 7.06 of the State's Attorneys
Appellate Prosecutor's Act.
(16) "Commerce Commission police officer" means any
person employed by the Illinois Commerce Commission who
is vested with such law enforcement duties as render him
ineligible for coverage under the Social Security Act by
reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
218(l)(1) of that Act.
(17) "Arson investigator" means any person who is
employed as such by the Office of the State Fire Marshal
and is vested with such law enforcement duties as render
the person ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D), and 218(l)(1) of that Act. A person who
was employed as an arson investigator on January 1, 1995
and is no longer in service but not yet receiving a
retirement annuity may convert his or her creditable
service for employment as an arson investigator into
eligible creditable service by paying to the System the
difference between the employee contributions actually
paid for that service and the amounts that would have
been contributed if the applicant were contributing at
the rate applicable to persons with the same social
security status earning eligible creditable service on
the date of application.
(18) The term "State highway maintenance worker"
means a person who is either of the following:
(i) A person employed on a full-time basis by
the Illinois Department of Transportation in the
position of highway maintainer, highway maintenance
lead worker, highway maintenance lead/lead worker,
heavy construction equipment operator, power shovel
operator, or bridge mechanic; and whose principal
responsibility is to perform, on the roadway, the
actual maintenance necessary to keep the highways
that form a part of the State highway system in
serviceable condition for vehicular traffic.
(ii) A person employed on a full-time basis by
the Illinois State Toll Highway Authority in the
position of equipment operator/laborer H-4,
equipment operator/laborer H-6, welder H-4,
welder H-6, mechanical/electrical H-4,
mechanical/electrical H-6, water/sewer H-4,
water/sewer H-6, sign maker/hanger H-4, sign
maker/hanger H-6, roadway lighting H-4, roadway
lighting H-6, structural H-4, structural H-6,
painter H-4, or painter H-6; and whose principal
responsibility is to perform, on the roadway, the
actual maintenance necessary to keep the Authority's
tollways in serviceable condition for vehicular
traffic.
(d) A security employee of the Department of
Corrections, and a security employee of the Department of
Human Services who is not a mental health police officer,
shall not be eligible for the alternative retirement annuity
provided by this Section unless he or she meets the following
minimum age and service requirements at the time of
retirement:
(i) 25 years of eligible creditable service and age
55; or
(ii) beginning January 1, 1987, 25 years of
eligible creditable service and age 54, or 24 years of
eligible creditable service and age 55; or
(iii) beginning January 1, 1988, 25 years of
eligible creditable service and age 53, or 23 years of
eligible creditable service and age 55; or
(iv) beginning January 1, 1989, 25 years of
eligible creditable service and age 52, or 22 years of
eligible creditable service and age 55; or
(v) beginning January 1, 1990, 25 years of eligible
creditable service and age 51, or 21 years of eligible
creditable service and age 55; or
(vi) beginning January 1, 1991, 25 years of
eligible creditable service and age 50, or 20 years of
eligible creditable service and age 55.
Persons who have service credit under Article 16 of this
Code for service as a security employee of the Department of
Corrections or the Department of Human Services in a position
requiring certification as a teacher may count such service
toward establishing their eligibility under the service
requirements of this Section; but such service may be used
only for establishing such eligibility, and not for the
purpose of increasing or calculating any benefit.
(e) If a member enters military service while working in
a position in which eligible creditable service may be
earned, and returns to State service in the same or another
such position, and fulfills in all other respects the
conditions prescribed in this Article for credit for military
service, such military service shall be credited as eligible
creditable service for the purposes of the retirement annuity
prescribed in this Section.
(f) For purposes of calculating retirement annuities
under this Section, periods of service rendered after
December 31, 1968 and before October 1, 1975 as a covered
employee in the position of special agent, conservation
police officer, mental health police officer, or investigator
for the Secretary of State, shall be deemed to have been
service as a noncovered employee, provided that the employee
pays to the System prior to retirement an amount equal to (1)
the difference between the employee contributions that would
have been required for such service as a noncovered employee,
and the amount of employee contributions actually paid, plus
(2) if payment is made after July 31, 1987, regular interest
on the amount specified in item (1) from the date of service
to the date of payment.
For purposes of calculating retirement annuities under
this Section, periods of service rendered after December 31,
1968 and before January 1, 1982 as a covered employee in the
position of investigator for the Department of Revenue shall
be deemed to have been service as a noncovered employee,
provided that the employee pays to the System prior to
retirement an amount equal to (1) the difference between the
employee contributions that would have been required for such
service as a noncovered employee, and the amount of employee
contributions actually paid, plus (2) if payment is made
after January 1, 1990, regular interest on the amount
specified in item (1) from the date of service to the date of
payment.
(g) A State policeman may elect, not later than January
1, 1990, to establish eligible creditable service for up to
10 years of his service as a policeman under Article 3, by
filing a written election with the Board, accompanied by
payment of an amount to be determined by the Board, equal to
(i) the difference between the amount of employee and
employer contributions transferred to the System under
Section 3-110.5, and the amounts that would have been
contributed had such contributions been made at the rates
applicable to State policemen, plus (ii) interest thereon at
the effective rate for each year, compounded annually, from
the date of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman may elect, not later than July 1, 1993, to
establish eligible creditable service for up to 10 years of
his service as a member of the County Police Department under
Article 9, by filing a written election with the Board,
accompanied by payment of an amount to be determined by the
Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 9-121.10 and the amounts that would have been
contributed had those contributions been made at the rates
applicable to State policemen, plus (ii) interest thereon at
the effective rate for each year, compounded annually, from
the date of service to the date of payment.
(h) Subject to the limitation in subsection (i), a State
policeman or investigator for the Secretary of State may
elect to establish eligible creditable service for up to 12
years of his service as a policeman under Article 5, by
filing a written election with the Board on or before January
31, 1992, and paying to the System by January 31, 1994 an
amount to be determined by the Board, equal to (i) the
difference between the amount of employee and employer
contributions transferred to the System under Section 5-236,
and the amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service
to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, conservation police officer, or investigator for
the Secretary of State may elect to establish eligible
creditable service for up to 10 years of service as a
sheriff's law enforcement employee under Article 7, by filing
a written election with the Board on or before January 31,
1993, and paying to the System by January 31, 1994 an amount
to be determined by the Board, equal to (i) the difference
between the amount of employee and employer contributions
transferred to the System under Section 7-139.7, and the
amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service
to the date of payment.
(i) The total amount of eligible creditable service
established by any person under subsections (g), (h), (j),
(k), and (l) of this Section shall not exceed 12 years.
(j) Subject to the limitation in subsection (i), an
investigator for the Office of the State's Attorneys
Appellate Prosecutor or a controlled substance inspector may
elect to establish eligible creditable service for up to 10
years of his service as a policeman under Article 3 or a
sheriff's law enforcement employee under Article 7, by filing
a written election with the Board, accompanied by payment of
an amount to be determined by the Board, equal to (1) the
difference between the amount of employee and employer
contributions transferred to the System under Section 3-110.6
or 7-139.8, and the amounts that would have been contributed
had such contributions been made at the rates applicable to
State policemen, plus (2) interest thereon at the effective
rate for each year, compounded annually, from the date of
service to the date of payment.
(k) Subject to the limitation in subsection (i) of this
Section, an alternative formula employee may elect to
establish eligible creditable service for periods spent as a
full-time law enforcement officer or full-time corrections
officer employed by the federal government or by a state or
local government located outside of Illinois, for which
credit is not held in any other public employee pension fund
or retirement system. To obtain this credit, the applicant
must file a written application with the Board by March 31,
1998, accompanied by evidence of eligibility acceptable to
the Board and payment of an amount to be determined by the
Board, equal to (1) employee contributions for the credit
being established, based upon the applicant's salary on the
first day as an alternative formula employee after the
employment for which credit is being established and the
rates then applicable to alternative formula employees, plus
(2) an amount determined by the Board to be the employer's
normal cost of the benefits accrued for the credit being
established, plus (3) regular interest on the amounts in
items (1) and (2) from the first day as an alternative
formula employee after the employment for which credit is
being established to the date of payment.
(l) Subject to the limitation in subsection (i), a
security employee of the Department of Corrections may elect,
not later than July 1, 1998, to establish eligible creditable
service for up to 10 years of his or her service as a
policeman under Article 3, by filing a written election with
the Board, accompanied by payment of an amount to be
determined by the Board, equal to (i) the difference between
the amount of employee and employer contributions transferred
to the System under Section 3-110.5, and the amounts that
would have been contributed had such contributions been made
at the rates applicable to security employees of the
Department of Corrections, plus (ii) interest thereon at the
effective rate for each year, compounded annually, from the
date of service to the date of payment.
(Source: P.A. 91-357, eff. 7-29-99; 91-760, eff. 1-1-01;
92-14, eff. 6-28-01; 92-257, eff. 8-6-01; revised 9-10-01.)
(40 ILCS 5/14-114) (from Ch. 108 1/2, par. 14-114)
Sec. 14-114. Automatic increase in retirement annuity.
(a) Any person receiving a retirement annuity under this
Article who retires having attained age 60, or who retires
before age 60 having at least 35 years of creditable service,
or who retires on or after January 1, 2001 at an age which,
when added to the number of years of his or her creditable
service, equals at least 85, shall, on January 1 next
following the first full year of retirement, have the amount
of the then fixed and payable monthly retirement annuity
increased 3%. Any person receiving a retirement annuity
under this Article who retires before attainment of age 60
and with less than (i) 35 years of creditable service if
retirement is before January 1, 2001, or (ii) the number of
years of creditable service which, when added to the member's
age, would equal 85, if retirement is on or after January 1,
2001, shall have the amount of the fixed and payable
retirement annuity increased by 3% on the January 1 occurring
on or next following (1) attainment of age 60, or (2) the
first anniversary of retirement, whichever occurs later.
However, for persons who receive the alternative retirement
annuity under Section 14-110, references in this subsection
(a) to attainment of age 60 shall be deemed to refer to
attainment of age 55. For a person receiving early
retirement incentives under Section 14-108.3 whose retirement
annuity began after January 1, 1992 pursuant to an extension
granted under subsection (e) of that Section, the first
anniversary of retirement shall be deemed to be January 1,
1993. For a person who retires on or after June 28, 2001 the
effective date of this amendatory Act of the 92nd General
Assembly and on or before October 1, 2001 the first day of
the fourth calendar month following the month in which this
amendatory Act takes effect, and whose retirement annuity is
calculated, in whole or in part, under Section 14-110 or
subsection (g) or (h) of Section 14-108, the first
anniversary of retirement shall be deemed to be January 1,
2002.
On each January 1 following the date of the initial
increase under this subsection, the employee's monthly
retirement annuity shall be increased by an additional 3%.
Beginning January 1, 1990, all automatic annual increases
payable under this Section shall be calculated as a
percentage of the total annuity payable at the time of the
increase, including previous increases granted under this
Article.
(b) The provisions of subsection (a) of this Section
shall be applicable to an employee only if the employee makes
the additional contributions required after December 31, 1969
for the purpose of the automatic increases for not less than
the equivalent of one full year. If an employee becomes an
annuitant before his additional contributions equal one full
year's contributions based on his salary at the date of
retirement, the employee may pay the necessary balance of the
contributions to the system, without interest, and be
eligible for the increasing annuity authorized by this
Section.
(c) The provisions of subsection (a) of this Section
shall not be applicable to any annuitant who is on retirement
on December 31, 1969, and thereafter returns to State
service, unless the member has established at least one year
of additional creditable service following reentry into
service.
(d) In addition to other increases which may be provided
by this Section, on January 1, 1981 any annuitant who was
receiving a retirement annuity on or before January 1, 1971
shall have his retirement annuity then being paid increased
$1 per month for each year of creditable service. On January
1, 1982, any annuitant who began receiving a retirement
annuity on or before January 1, 1977, shall have his
retirement annuity then being paid increased $1 per month for
each year of creditable service.
On January 1, 1987, any annuitant who began receiving a
retirement annuity on or before January 1, 1977, shall have
the monthly retirement annuity increased by an amount equal
to 8¢ per year of creditable service times the number of
years that have elapsed since the annuity began.
(e) Every person who receives the alternative retirement
annuity under Section 14-110 and who is eligible to receive
the 3% increase under subsection (a) on January 1, 1986,
shall also receive on that date a one-time increase in
retirement annuity equal to the difference between (1) his
actual retirement annuity on that date, including any
increases received under subsection (a), and (2) the amount
of retirement annuity he would have received on that date if
the amendments to subsection (a) made by Public Act 84-162
had been in effect since the date of his retirement.
(Source: P.A. 91-927, eff. 12-14-00; 92-14, eff. 6-28-01;
revised 9-10-01.)
(40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
Sec. 16-106. Teacher. "Teacher": The following
individuals, provided that, for employment prior to July 1,
1990, they are employed on a full-time basis, or if not
full-time, on a permanent and continuous basis in a position
in which services are expected to be rendered for at least
one school term:
(1) Any educational, administrative, professional
or other staff employed in the public common schools
included within this system in a position requiring
certification under the law governing the certification
of teachers;
(2) Any educational, administrative, professional
or other staff employed in any facility of the Department
of Children and Family Services or the Department of
Human Services, in a position requiring certification
under the law governing the certification of teachers,
and any person who (i) works in such a position for the
Department of Corrections, (ii) was a member of this
System on May 31, 1987, and (iii) did not elect to become
a member of the State Employees' Retirement System
pursuant to Section 14-108.2 of this Code; except that
"teacher" does not include any person who (A) becomes a
security employee of the Department of Human Services, as
defined in Section 14-110, after June 28, 2001 (the
effective date of Public Act 92-14) this amendatory Act
of the 92nd General Assembly, or (B) becomes a member of
the State Employees' Retirement System pursuant to
Section 14-108.2c of this Code;
(3) Any regional superintendent of schools,
assistant regional superintendent of schools, State
Superintendent of Education; any person employed by the
State Board of Education as an executive; any executive
of the boards engaged in the service of public common
school education in school districts covered under this
system of which the State Superintendent of Education is
an ex-officio member;
(4) Any employee of a school board association
operating in compliance with Article 23 of the School
Code who is certificated under the law governing the
certification of teachers;
(5) Any person employed by the retirement system
who:
(i) was an employee of and a participant in
the system on August 17, 2001 (the effective date of
Public Act 92-416) this amendatory Act of the 92nd
General Assembly, or
(ii) becomes an employee of the system on or
after August 17, 2001 the effective date of this
amendatory Act of the 92nd General Assembly;
(6) Any educational, administrative, professional
or other staff employed by and under the supervision and
control of a regional superintendent of schools, provided
such employment position requires the person to be
certificated under the law governing the certification of
teachers and is in an educational program serving 2 or
more districts in accordance with a joint agreement
authorized by the School Code or by federal legislation;
(7) Any educational, administrative, professional
or other staff employed in an educational program
serving 2 or more school districts in accordance with a
joint agreement authorized by the School Code or by
federal legislation and in a position requiring
certification under the laws governing the certification
of teachers;
(8) Any officer or employee of a statewide teacher
organization or officer of a national teacher
organization who is certified under the law governing
certification of teachers, provided: (i) the individual
had previously established creditable service under this
Article, (ii) the individual files with the system an
irrevocable election to become a member, and (iii) the
individual does not receive credit for such service under
any other Article of this Code;
(9) Any educational, administrative, professional,
or other staff employed in a charter school operating in
compliance with the Charter Schools Law who is
certificated under the law governing the certification of
teachers.
An annuitant receiving a retirement annuity under this
Article or under Article 17 of this Code who is temporarily
employed by a board of education or other employer not
exceeding that permitted under Section 16-118 is not a
"teacher" for purposes of this Article. A person who has
received a single-sum retirement benefit under Section
16-136.4 of this Article is not a "teacher" for purposes of
this Article.
(Source: P.A. 92-14, eff. 6-28-01; 92-416, eff. 8-17-01;
revised 10-18-01.)
(40 ILCS 5/17-119.1)
Sec. 17-119.1. Optional increase in retirement annuity.
(a) A member of the Fund may qualify for the augmented
rate under subdivision (b)(3) of Section 17-116 for all years
of creditable service earned before July 1, 1998 by making
the optional contribution specified in subsection (b); except
that a member who retires on or after July 1, 1998 with at
least 30 years of creditable service at retirement qualifies
for the augmented rate without making any contribution under
subsection (b). Any member who retires on or after July 1,
1998 and before the effective date of this amendatory Act of
the 92nd General Assembly with at least 30 years of
creditable service shall be paid a lump sum equal to the
amount he or she would have received under the augmented rate
minus the amount he or she actually received. A member may
not elect to qualify for the augmented rate for only a
portion of his or her creditable service earned before July
1, 1998.
(b) The contribution shall be an amount equal to 1.0% of
the member's highest salary rate in the 4 consecutive school
years immediately prior to but not including the school year
in which the application occurs, multiplied by the number of
years of creditable service earned by the member before July
1, 1998 or 20, whichever is less. This contribution shall be
reduced by 1.0% of that salary rate for every 3 full years of
creditable service earned by the member after June 30, 1998.
The contribution shall be further reduced at the rate of 25%
of the contribution (as reduced for service after June 30,
1998) for each year of the member's total creditable service
in excess of 34 years. The contribution shall not in any
event exceed 20% of that salary rate.
The member shall pay to the Fund the amount of the
contribution as calculated at the time of application under
this Section. The amount of the contribution determined
under this subsection shall be recalculated at the time of
retirement, and if the Fund determines that the amount paid
by the member exceeds the recalculated amount, the Fund shall
refund the difference to the member with regular interest
from the date of payment to the date of refund.
The contribution required by this subsection shall be
paid in one of the following ways or in a combination of the
following ways that does not extend over more than 5 years:
(i) in a lump sum on or before the date of
retirement;
(ii) in substantially equal installments over a
period of time not to exceed 5 years, as a deduction from
salary in accordance with Section 17-130.2;
(iii) if the member becomes an annuitant before
June 30, 2003, in substantially equal monthly
installments over a 24-month period, by a deduction from
the annuitant's monthly benefit.
(c) If the member fails to make the full contribution
under this Section in a timely fashion, the payments made
under this Section shall be refunded to the member, without
interest. If the member dies before making the full
contribution, the payments made under this Section shall be
refunded to the member's designated beneficiary.
(d) For purposes of this Section and subsection (b) of
Section 17-116, optional creditable service established by a
member shall be deemed to have been earned at the time of the
employment or other qualifying event upon which the service
is based, rather than at the time the credit was established
in this Fund.
(e) The contributions required under this Section are
the responsibility of the teacher and not the teacher's
employer. However, an employer of teachers may 3ay, after
the effective date of this amendatory Act of 1998,
specifically agree, through collective bargaining or
otherwise, to make the contributions required by this Section
on behalf of those teachers.
(Source: P.A. 91-17, eff. 6-4-99; 92-416, eff. 8-17-01;
revised 10-4-01.)
Section 32. The Counties Code is amended by changing
Sections 5-1083 and 5-1098 as follows:
(55 ILCS 5/5-1083) (from Ch. 34, par. 5-1083)
Sec. 5-1083. Purchase or lease of property. A county
board may purchase or lease any real estate or personal
property for public purposes under contracts providing for
payment in installments over a period of time of not more
than 20 years in the case of real estate, and not more than
10 years in the case of personal property, with interest on
the unpaid balance owing not to exceed the maximum rate
authorized by the Bond Authorization Act, as amended at the
time of the making of the contract. The indebtedness
incurred under this Section when aggregated with existing
indebtedness may not exceed the debt limits provided in
Section 5-1012 5-1008.
With respect to instruments for the payment of money
issued under this Section or its predecessor either before,
on, or after the effective date of Public Act 86-4, it is and
always has been the intention of the General Assembly (i)
that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Act or "An Act to revise the law in
relation to counties", approved March 31, 1874, that may
appear to be or to have been more restrictive than those
Acts, (ii) that the provisions of this Section or its
predecessor are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that
instruments issued under this Section or its predecessor
within the supplementary authority granted by the Omnibus
Bond Acts are not invalid because of any provision of this
Act or "An Act to revise the law in relation to counties",
approved March 31, 1874, that may appear to be or to have
been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028; revised 12-13-01.)
(55 ILCS 5/5-1098) (from Ch. 34, par. 5-1098)
Sec. 5-1098. Cooperation with Department on Aging. A
county board may cooperate with the Department on Aging,
created by the "Illinois Act on the Aging", and appropriate
county funds and provide in kind services to assist such
department in carrying out its programs.
(Source: P.A. 86-962; revised 12-07-01.)
Section 33. The Township Code is amended by changing
Section 35-55 as follows:
(60 ILCS 1/35-55)
Sec. 35-55. Senior citizens services; authorization of
tax levy.
(a) The electors may authorize the township board to
levy a tax (at a rate of not more than 0.15% of the value, as
equalized and assessed by the Department of Revenue, of all
taxable property in the township) for the sole and exclusive
purpose of providing services to senior citizens under
Article 220 270. If the board desires to levy the tax, it
shall order a referendum on the proposition to be held at an
election in accordance with the general election law. The
board shall certify the proposition to the proper election
officials, who shall submit the proposition to the voters at
an election in accordance with the general election law. If a
majority of the votes cast on the proposition is in favor of
the proposition, the board may annually levy the tax.
(b) If the township board of any township authorized to
levy a tax under this Section pursuant to a referendum held
before January 1, 1987, desires to increase the maximum rate
of the tax to 0.15% of the value, as equalized and assessed
by the Department of Revenue, of all taxable property in the
township, it shall order a referendum on that proposition to
be held at an election in accordance with the general
election law. The board shall certify the proposition to the
proper election officials, who shall submit the proposition
to the voters at an election in accordance with the general
election law. If a majority of the votes cast on the
proposition is in favor of the proposition, the maximum tax
rate shall be so increased.
(Source: P.A. 85-742; 88-62; revised 12-13-01.)
Section 34. The Illinois Municipal Code is amended by
changing Sections 3.1-20-10, 3.1-55-10, 11-73-2, 11-74.4-3,
11-74.4-7, and 11-95-7 and renumbering Section 11-21.1-5 as
follows:
(65 ILCS 5/3.1-20-10) (from Ch. 24, par. 3.1-20-10)
Sec. 3.1-20-10. Aldermen; number. Except as otherwise
provided in Section 3.1-20-20 or as otherwise provided in the
case of aldermen-at-large, the number of aldermen, when not
elected by the minority representation plan, shall be as
follows: in cities not exceeding 3,000 inhabitants, 6
aldermen; exceeding 3,000 but not exceeding 15,000, 8
aldermen; exceeding 15,000 but not exceeding 20,000, 10
aldermen; exceeding 20,000 but not exceeding 50,000, 14
aldermen; exceeding 50,000 but not exceeding 70,000, 16
aldermen; exceeding 70,000 but not exceeding 90,000, 18
aldermen alderman; and from 90,000 to 500,000, 20 aldermen
alderman. Except as otherwise provided in the case of
aldermen-at-large. No redistricting shall be required in
order to reduce the number of aldermen in order to comply
with this Section.
(Source: P.A. 87-1119; revised 12-04-01.)
(65 ILCS 5/3.1-55-10)
Sec. 3.1-55-10. Interests in contracts.
(a) A municipal officer shall not be financially
interested directly in the officer's own name or indirectly
in the name of any other person, association, trust, or
corporation, in any contract, work, or business of the
municipality or in the sale of any article whenever the
expense, price, or consideration of the contract, work,
business, or sale is paid either from the treasury or by an
assessment levied by statute or ordinance. A municipal
officer shall not be interested, directly or indirectly, in
the purchase of any property that (i) belongs to the
municipality, (ii) is sold for taxes or assessments, or (iii)
is sold by virtue of legal process at the suit of the
municipality. For the purposes of this Section only,
however, a municipal officer shall not be deemed interested
if the officer is an employee of a company or owns or holds
an interest of 1% or less in the municipal officer's
individual name in a company, or both, that company is
involved in the transaction of business with the
municipality, and that company's stock is traded on a
nationally recognized securities market, provided the
interested member (i) publicly discloses the fact that he or
she is an employee or holds an interest of 1% or of less in a
company before deliberation of the proposed award of the
contract; (ii) refrains from evaluating, recommending,
approving, deliberating, or otherwise participating in the
negotiation, approval, or both, of the contract, work, or
business; (iii) abstains from voting on the award of the
contract though he or she shall be considered present for
purposes of establishing a quorum; and (iv) the contract is
approved by a majority vote of those members currently
holding office.
A municipal officer shall not be deemed interested if the
officer owns or holds an interest of 1% or less, not in the
officer's individual name but through a mutual fund, in a
company, that company is involved in the transaction of
business with the municipality, and that company's stock is
traded on a nationally recognized securities market.
This Section does not prohibit any person serving on a
municipal advisory panel or commission or nongoverning board
or commission from having an interest in a contract, work, or
business of the municipality unless the municipal officer's
duties include evaluating, recommending, approving, or voting
to recommend or approve the contract, work, or business.
(b) Any elected or appointed member of the governing
body may, however, provide materials, merchandise, property,
services, or labor, subject to the following provisions under
either (1) or (2):
(1) If:
(A) the contract is with a person, firm,
partnership, association, corporation, or cooperative
association in which the interested member of the
governing body of the municipality member has less than a
7 1/2% share in the ownership;
(B) the interested member publicly discloses the
nature and extent of the interest before or during
deliberations concerning the proposed award of the
contract;
(C) the interested member abstains from voting on
the award of the contract (though the member shall be
considered present for the purposes of establishing a
quorum);
(D) the contract is approved by a majority vote of
those members presently holding office;
(E) the contract is awarded after sealed bids to
the lowest responsible bidder if the amount of the
contract exceeds $1,500 (but the contract may be awarded
without bidding if the amount is less than $1,500); and
(F) the award of the contract would not cause the
aggregate amount of all contracts so awarded to the same
person, firm, association, partnership, corporation, or
cooperative association in the same fiscal year to exceed
$25,000.
(2) If:
(A) the award of the contract is approved by a
majority vote of the governing body of the municipality
(provided that the interested member shall abstain from
voting);
(B) the amount of the contract does not exceed
$2,000;
(C) the award of the contract would not cause the
aggregate amount of all contracts so awarded to the same
person, firm, association, partnership, corporation, or
cooperative association in the same fiscal year to exceed
$4,000;
(D) the interested member publicly discloses the
nature and extent of his interest before or during
deliberations concerning the proposed award of the
contract; and
(E) the interested member abstains from voting on
the award of the contract (though the member shall be
considered present for the purposes of establishing a
quorum).
(b-5) In addition to the above exemptions, any elected
or appointed member of the governing body may provide
materials, merchandise, property, services, or labor if:
(1) the contract is with a person, firm,
partnership, association, corporation, or cooperative
association in which the interested member of the
governing body of the municipality, advisory panel, or
commission has less than a 1% share in the ownership; and
(2) the award of the contract is approved by a
majority vote of the governing body of the municipality
provided that any such interested member shall abstain
from voting; and
(3) such interested member publicly discloses the
nature and extent of his interest before or during
deliberations concerning the proposed award of the
contract; and
(4) such interested member abstains from voting on
the award of the contract, though he shall be considered
present for the purposes of establishing a quorum.
(c) A contract for the procurement of public utility
services by a municipality with a public utility company is
not barred by this Section by one or more members of the
governing body being an officer or employee of the public
utility company, or holding an ownership interest in no more
than 7 1/2% in the public utility company, or holding an
ownership interest of any size if the municipality has a
population of less than 7,500 and the public utility's rates
are approved by the Illinois Commerce Commission. An elected
or appointed member of the governing body or a nongoverning
board or commission having an interest described in this
subsection (d) does not have a prohibited interest under this
Section.
(d) An officer who violates this Section is guilty of a
Class 4 felony. In addition, any office held by an officer
so convicted shall become vacant and shall be so declared as
part of the judgment of the court.
(e) Nothing contained in this Section, including the
restrictions set forth in subsections (b) and (c), shall
preclude a contract of deposit of moneys, loans, or other
financial services by a municipality with a local bank or
local savings and loan association, regardless of whether a
member of the governing body of the municipality is
interested in the bank or savings and loan association as an
officer or employee or as a holder of less than 7 1/2% of the
total ownership interest. A member holding an interest
described in this subsection (e) in a contract does not hold
a prohibited interest for purposes of this Act. The
interested member of the governing body must publicly state
the nature and extent of the interest during deliberations
concerning the proposed award of the contract but shall not
participate in any further deliberations concerning the
proposed award. The interested member shall not vote on the
proposed award. A member abstaining from participation in
deliberations and voting under this Section may be considered
present for purposes of establishing a quorum. Award of the
contract shall require approval by a majority vote of those
members presently holding office. Consideration and award of
a contract in which a member is interested may only be made
at a regularly scheduled public meeting of the governing body
of the municipality.
(f) Notwithstanding any other provision of this Section
or any other law to the contrary, until January 1, 1994, a
member of the city council of a municipality with a
population under 20,000 may purchase real estate from the
municipality, at a price of not less than 100% of the value
of the real estate as determined by a written MAI certified
appraisal or by a written certified appraisal of a State
certified or licensed real estate appraiser, if the purchase
is approved by a unanimous vote of the city council members
then holding office (except for the member desiring to
purchase the real estate, who shall not vote on the
question).
(Source: P.A. 90-364, eff. 1-1-98; revised 12-13-01.)
(65 ILCS 5/11-21.5-5)
Sec. 11-21.5-5. 11-21.1-5. Local emergency energy plans.
(a) Any municipality, including a home rule
municipality, may, by ordinance, require any electric utility
(i) that serves more than 1,000,000 customers in Illinois and
(ii) that is operating within the corporate limits of the
municipality to adopt and to provide the municipality with a
local emergency energy plan. For the purposes of this
Section, (i) "local emergency energy plan" or "plan" means a
planned course of action developed by the electric utility
that is implemented when the demand for electricity exceeds,
or is at significant risk of exceeding, the supply of
electricity available to the electric utility and (ii) "local
emergency energy plan ordinance" means an ordinance adopted
by the corporate authorities of the municipality under this
Section that requires local emergency energy plans.
(b) A local emergency energy plan must include the
following information:
(1) the circumstances that would require the
implementation of the plan;
(2) the levels or stages of the plan;
(3) the approximate geographic limits of each
outage area provided for in the plan;
(4) the approximate number of customers within each
outage area provided for in the plan;
(5) any police facilities, fire stations,
hospitals, nursing homes, schools, day care centers,
senior citizens centers, community health centers,
dialysis centers, community mental health centers,
correctional facilities, stormwater and wastewater
treatment or pumping facilities, water-pumping stations,
buildings in excess of 80 feet in height that have been
identified by the municipality, and persons on life
support systems that are known to the electric utility
that could be affected by controlled rotating
interruptions of electric service under the plan; and
(6) the anticipated sequence and duration of
intentional interruptions of electric service to each
outage area under the plan.
(c) A local emergency energy plan ordinance may require
that, when an electric utility determines it is necessary to
implement a controlled rotating interruption of electric
service because the demand for electricity exceeds, or is at
significant risk of exceeding, the supply of electricity
available to the electric utility, the electric utility
notify a designated municipal officer that the electric
utility will be implementing its local emergency energy plan.
The notification shall be made pursuant to a procedure
approved by the municipality after consultation with the
electric utility.
(d) After providing the notice required in subsection
(c), an electric utility shall reasonably and separately
advise designated municipal officials before it implements
each level or stage of the plan, which shall include (i) a
request for emergency help from neighboring utilities, (ii) a
declaration of a control area emergency, and (iii) a public
appeal for voluntary curtailment of electricity use.
(e) The electric utility must give a separate notice to
a designated municipal official immediately after it
determines that there will be a controlled rotating
interruption of electric service under the local emergency
energy plan. The notification must include (i) the areas in
which service will be interrupted, (ii) the sequence and
estimated duration of the service outage for each area, (iii)
the affected feeders, and (iv) the number of affected
customers in each area. Whenever practical, the notification
shall be made at least 2 hours before the time of the
outages. If the electric utility is aware that controlled
rotating interruptions may be required, the notification may
not be made less than 30 minutes before the outages.
(f) A local emergency energy plan ordinance may provide
civil penalties for violations of its provisions. The
penalties must be permitted under the Illinois Municipal
Code.
(g) The notifications required by this Section are in
addition to the notification requirements of any applicable
franchise agreement or ordinance and to the notification
requirements of any applicable federal or State law, rule,
and regulation.
(h) Except for any penalties or remedies that may be
provided in a local emergency energy plan ordinance, in this
Act, or in rules adopted by the Illinois Commerce Commission,
nothing in this Section shall be construed to impose
liability for or prevent a utility from taking any actions
that are necessary at any time, in any order, and with or
without notice that are required to preserve the integrity of
the electric utility's electrical system and interconnected
network.
(i) Nothing in this Section, a local emergency energy
plan ordinance, or a local emergency energy plan creates any
duty of a municipality to any person or entity. No
municipality may be subject to any claim or cause of action
arising, directly or indirectly, from its decision to adopt
or to refrain from adopting a local emergency energy plan
ordinance. No municipality may be subject to any claim or
cause of action arising, directly or indirectly, from any act
or omission under the terms of or information provided in a
local emergency energy plan filed under a local emergency
energy plan ordinance.
(Source: P.A. 91-137, eff. 7-16-99; revised 12-13-01.)
(65 ILCS 5/11-73-2) (from Ch. 24, par. 11-73-2)
Sec. 11-73-2. This Division 73 shall not be in force in
any municipality until the question of its adoption is
submitted to the electors of the municipality and approved by
a majority of those voting on the question. The municipal
clerk shall certify the question to the proper election
authority shall submit the question at an at a election in
accordance with the general election law.
The question shall be in substantially the following
form:
-------------------------------------------------------------
Shall Division 73 of the
Illinois Municipal Code permitting
municipalities to levy an additional YES
annual tax of not to exceed 0.05% .05%
for the establishment and maintenance ---------------
of a long term forestry program
for the propagation and preservation NO
of community trees and for the removal
of dead or diseased trees be adopted?
-------------------------------------------------------------
If a majority of the votes cast on the question are in
favor of adopting this Division 73, the Division is adopted.
It shall be in force in the adopting municipality for the
purpose of the fiscal years succeeding the year in which the
election is held.
(Source: P.A. 81-1489; revised 12-13-01.)
(65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
Sec. 11-74.4-3. Definitions. The following terms,
wherever used or referred to in this Division 74.4 shall have
the following respective meanings, unless in any case a
different meaning clearly appears from the context.
(a) For any redevelopment project area that has been
designated pursuant to this Section by an ordinance adopted
prior to November 1, 1999 (the effective date of Public Act
91-478), "blighted area" shall have the meaning set forth in
this Section prior to that date.
On and after November 1, 1999, "blighted area" means any
improved or vacant area within the boundaries of a
redevelopment project area located within the territorial
limits of the municipality where:
(1) If improved, industrial, commercial, and
residential buildings or improvements are detrimental to
the public safety, health, or welfare because of a
combination of 5 or more of the following factors, each
of which is (i) present, with that presence documented,
to a meaningful extent so that a municipality may
reasonably find that the factor is clearly present within
the intent of the Act and (ii) reasonably distributed
throughout the improved part of the redevelopment project
area:
(A) Dilapidation. An advanced state of
disrepair or neglect of necessary repairs to the
primary structural components of buildings or
improvements in such a combination that a documented
building condition analysis determines that major
repair is required or the defects are so serious and
so extensive that the buildings must be removed.
(B) Obsolescence. The condition or process of
falling into disuse. Structures have become
ill-suited for the original use.
(C) Deterioration. With respect to buildings,
defects including, but not limited to, major defects
in the secondary building components such as doors,
windows, porches, gutters and downspouts, and
fascia. With respect to surface improvements, that
the condition of roadways, alleys, curbs, gutters,
sidewalks, off-street parking, and surface storage
areas evidence deterioration, including, but not
limited to, surface cracking, crumbling, potholes,
depressions, loose paving material, and weeds
protruding through paved surfaces.
(D) Presence of structures below minimum code
standards. All structures that do not meet the
standards of zoning, subdivision, building, fire,
and other governmental codes applicable to property,
but not including housing and property maintenance
codes.
(E) Illegal use of individual structures. The
use of structures in violation of applicable
federal, State, or local laws, exclusive of those
applicable to the presence of structures below
minimum code standards.
(F) Excessive vacancies. The presence of
buildings that are unoccupied or under-utilized and
that represent an adverse influence on the area
because of the frequency, extent, or duration of the
vacancies.
(G) Lack of ventilation, light, or sanitary
facilities. The absence of adequate ventilation for
light or air circulation in spaces or rooms without
windows, or that require the removal of dust, odor,
gas, smoke, or other noxious airborne materials.
Inadequate natural light and ventilation means the
absence of skylights or windows for interior spaces
or rooms and improper window sizes and amounts by
room area to window area ratios. Inadequate
sanitary facilities refers to the absence or
inadequacy of garbage storage and enclosure,
bathroom facilities, hot water and kitchens, and
structural inadequacies preventing ingress and
egress to and from all rooms and units within a
building.
(H) Inadequate utilities. Underground and
overhead utilities such as storm sewers and storm
drainage, sanitary sewers, water lines, and gas,
telephone, and electrical services that are shown to
be inadequate. Inadequate utilities are those that
are: (i) of insufficient capacity to serve the uses
in the redevelopment project area, (ii)
deteriorated, antiquated, obsolete, or in disrepair,
or (iii) lacking within the redevelopment project
area.
(I) Excessive land coverage and overcrowding
of structures and community facilities. The
over-intensive use of property and the crowding of
buildings and accessory facilities onto a site.
Examples of problem conditions warranting the
designation of an area as one exhibiting excessive
land coverage are: (i) the presence of buildings
either improperly situated on parcels or located on
parcels of inadequate size and shape in relation to
present-day standards of development for health and
safety and (ii) the presence of multiple buildings
on a single parcel. For there to be a finding of
excessive land coverage, these parcels must exhibit
one or more of the following conditions:
insufficient provision for light and air within or
around buildings, increased threat of spread of fire
due to the close proximity of buildings, lack of
adequate or proper access to a public right-of-way,
lack of reasonably required off-street parking, or
inadequate provision for loading and service.
(J) Deleterious land use or layout. The
existence of incompatible land-use relationships,
buildings occupied by inappropriate mixed-uses, or
uses considered to be noxious, offensive, or
unsuitable for the surrounding area.
(K) Environmental clean-up. The proposed
redevelopment project area has incurred Illinois
Environmental Protection Agency or United States
Environmental Protection Agency remediation costs
for, or a study conducted by an independent
consultant recognized as having expertise in
environmental remediation has determined a need for,
the clean-up of hazardous waste, hazardous
substances, or underground storage tanks required by
State or federal law, provided that the remediation
costs constitute a material impediment to the
development or redevelopment of the redevelopment
project area.
(L) Lack of community planning. The proposed
redevelopment project area was developed prior to or
without the benefit or guidance of a community plan.
This means that the development occurred prior to
the adoption by the municipality of a comprehensive
or other community plan or that the plan was not
followed at the time of the area's development.
This factor must be documented by evidence of
adverse or incompatible land-use relationships,
inadequate street layout, improper subdivision,
parcels of inadequate shape and size to meet
contemporary development standards, or other
evidence demonstrating an absence of effective
community planning.
(M) The total equalized assessed value of the
proposed redevelopment project area has declined for
3 of the last 5 calendar years prior to the year in
which the redevelopment project area is designated
or is increasing at an annual rate that is less than
the balance of the municipality for 3 of the last 5
calendar years for which information is available or
is increasing at an annual rate that is less than
the Consumer Price Index for All Urban Consumers
published by the United States Department of Labor
or successor agency for 3 of the last 5 calendar
years prior to the year in which the redevelopment
project area is designated.
(2) If vacant, the sound growth of the
redevelopment project area is impaired by a combination
of 2 or more of the following factors, each of which is
(i) present, with that presence documented, to a
meaningful extent so that a municipality may reasonably
find that the factor is clearly present within the intent
of the Act and (ii) reasonably distributed throughout the
vacant part of the redevelopment project area to which it
pertains:
(A) Obsolete platting of vacant land that
results in parcels of limited or narrow size or
configurations of parcels of irregular size or shape
that would be difficult to develop on a planned
basis and in a manner compatible with contemporary
standards and requirements, or platting that failed
to create rights-of-ways for streets or alleys or
that created inadequate right-of-way widths for
streets, alleys, or other public rights-of-way or
that omitted easements for public utilities.
(B) Diversity of ownership of parcels of
vacant land sufficient in number to retard or impede
the ability to assemble the land for development.
(C) Tax and special assessment delinquencies
exist or the property has been the subject of tax
sales under the Property Tax Code within the last 5
years.
(D) Deterioration of structures or site
improvements in neighboring areas adjacent to the
vacant land.
(E) The area has incurred Illinois
Environmental Protection Agency or United States
Environmental Protection Agency remediation costs
for, or a study conducted by an independent
consultant recognized as having expertise in
environmental remediation has determined a need for,
the clean-up of hazardous waste, hazardous
substances, or underground storage tanks required by
State or federal law, provided that the remediation
costs constitute a material impediment to the
development or redevelopment of the redevelopment
project area.
(F) The total equalized assessed value of the
proposed redevelopment project area has declined for
3 of the last 5 calendar years prior to the year in
which the redevelopment project area is designated
or is increasing at an annual rate that is less than
the balance of the municipality for 3 of the last 5
calendar years for which information is available or
is increasing at an annual rate that is less than
the Consumer Price Index for All Urban Consumers
published by the United States Department of Labor
or successor agency for 3 of the last 5 calendar
years prior to the year in which the redevelopment
project area is designated.
(3) If vacant, the sound growth of the
redevelopment project area is impaired by one of the
following factors that (i) is present, with that presence
documented, to a meaningful extent so that a municipality
may reasonably find that the factor is clearly present
within the intent of the Act and (ii) is reasonably
distributed throughout the vacant part of the
redevelopment project area to which it pertains:
(A) The area consists of one or more unused
quarries, mines, or strip mine ponds.
(B) The area consists of unused railyards,
rail tracks, or railroad rights-of-way.
(C) The area, prior to its designation, is
subject to chronic flooding that adversely impacts
on real property in the area as certified by a
registered professional engineer or appropriate
regulatory agency.
(D) The area consists of an unused or illegal
disposal site containing earth, stone, building
debris, or similar materials that were removed from
construction, demolition, excavation, or dredge
sites.
(E) Prior to November 1, 1999, the area is not
less than 50 nor more than 100 acres and 75% of
which is vacant (notwithstanding that the area has
been used for commercial agricultural purposes
within 5 years prior to the designation of the
redevelopment project area), and the area meets at
least one of the factors itemized in paragraph (1)
of this subsection, the area has been designated as
a town or village center by ordinance or
comprehensive plan adopted prior to January 1, 1982,
and the area has not been developed for that
designated purpose.
(F) The area qualified as a blighted improved
area immediately prior to becoming vacant, unless
there has been substantial private investment in the
immediately surrounding area.
(b) For any redevelopment project area that has been
designated pursuant to this Section by an ordinance adopted
prior to November 1, 1999 (the effective date of Public Act
91-478), "conservation area" shall have the meaning set forth
in this Section prior to that date.
On and after November 1, 1999, "conservation area" means
any improved area within the boundaries of a redevelopment
project area located within the territorial limits of the
municipality in which 50% or more of the structures in the
area have an age of 35 years or more. Such an area is not
yet a blighted area but because of a combination of 3 or more
of the following factors is detrimental to the public safety,
health, morals or welfare and such an area may become a
blighted area:
(1) Dilapidation. An advanced state of disrepair
or neglect of necessary repairs to the primary structural
components of buildings or improvements in such a
combination that a documented building condition analysis
determines that major repair is required or the defects
are so serious and so extensive that the buildings must
be removed.
(2) Obsolescence. The condition or process of
falling into disuse. Structures have become ill-suited
for the original use.
(3) Deterioration. With respect to buildings,
defects including, but not limited to, major defects in
the secondary building components such as doors, windows,
porches, gutters and downspouts, and fascia. With
respect to surface improvements, that the condition of
roadways, alleys, curbs, gutters, sidewalks, off-street
parking, and surface storage areas evidence
deterioration, including, but not limited to, surface
cracking, crumbling, potholes, depressions, loose paving
material, and weeds protruding through paved surfaces.
(4) Presence of structures below minimum code
standards. All structures that do not meet the standards
of zoning, subdivision, building, fire, and other
governmental codes applicable to property, but not
including housing and property maintenance codes.
(5) Illegal use of individual structures. The use
of structures in violation of applicable federal, State,
or local laws, exclusive of those applicable to the
presence of structures below minimum code standards.
(6) Excessive vacancies. The presence of buildings
that are unoccupied or under-utilized and that represent
an adverse influence on the area because of the
frequency, extent, or duration of the vacancies.
(7) Lack of ventilation, light, or sanitary
facilities. The absence of adequate ventilation for
light or air circulation in spaces or rooms without
windows, or that require the removal of dust, odor, gas,
smoke, or other noxious airborne materials. Inadequate
natural light and ventilation means the absence or
inadequacy of skylights or windows for interior spaces or
rooms and improper window sizes and amounts by room area
to window area ratios. Inadequate sanitary facilities
refers to the absence or inadequacy of garbage storage
and enclosure, bathroom facilities, hot water and
kitchens, and structural inadequacies preventing ingress
and egress to and from all rooms and units within a
building.
(8) Inadequate utilities. Underground and overhead
utilities such as storm sewers and storm drainage,
sanitary sewers, water lines, and gas, telephone, and
electrical services that are shown to be inadequate.
Inadequate utilities are those that are: (i) of
insufficient capacity to serve the uses in the
redevelopment project area, (ii) deteriorated,
antiquated, obsolete, or in disrepair, or (iii) lacking
within the redevelopment project area.
(9) Excessive land coverage and overcrowding of
structures and community facilities. The over-intensive
use of property and the crowding of buildings and
accessory facilities onto a site. Examples of problem
conditions warranting the designation of an area as one
exhibiting excessive land coverage are: the presence of
buildings either improperly situated on parcels or
located on parcels of inadequate size and shape in
relation to present-day standards of development for
health and safety and the presence of multiple buildings
on a single parcel. For there to be a finding of
excessive land coverage, these parcels must exhibit one
or more of the following conditions: insufficient
provision for light and air within or around buildings,
increased threat of spread of fire due to the close
proximity of buildings, lack of adequate or proper access
to a public right-of-way, lack of reasonably required
off-street parking, or inadequate provision for loading
and service.
(10) Deleterious land use or layout. The existence
of incompatible land-use relationships, buildings
occupied by inappropriate mixed-uses, or uses considered
to be noxious, offensive, or unsuitable for the
surrounding area.
(11) Lack of community planning. The proposed
redevelopment project area was developed prior to or
without the benefit or guidance of a community plan. This
means that the development occurred prior to the adoption
by the municipality of a comprehensive or other community
plan or that the plan was not followed at the time of the
area's development. This factor must be documented by
evidence of adverse or incompatible land-use
relationships, inadequate street layout, improper
subdivision, parcels of inadequate shape and size to meet
contemporary development standards, or other evidence
demonstrating an absence of effective community planning.
(12) The area has incurred Illinois Environmental
Protection Agency or United States Environmental
Protection Agency remediation costs for, or a study
conducted by an independent consultant recognized as
having expertise in environmental remediation has
determined a need for, the clean-up of hazardous waste,
hazardous substances, or underground storage tanks
required by State or federal law, provided that the
remediation costs constitute a material impediment to the
development or redevelopment of the redevelopment project
area.
(13) The total equalized assessed value of the
proposed redevelopment project area has declined for 3 of
the last 5 calendar years for which information is
available or is increasing at an annual rate that is less
than the balance of the municipality for 3 of the last 5
calendar years for which information is available or is
increasing at an annual rate that is less than the
Consumer Price Index for All Urban Consumers published by
the United States Department of Labor or successor agency
for 3 of the last 5 calendar years for which information
is available.
(c) "Industrial park" means an area in a blighted or
conservation area suitable for use by any manufacturing,
industrial, research or transportation enterprise, of
facilities to include but not be limited to factories, mills,
processing plants, assembly plants, packing plants,
fabricating plants, industrial distribution centers,
warehouses, repair overhaul or service facilities, freight
terminals, research facilities, test facilities or railroad
facilities.
(d) "Industrial park conservation area" means an area
within the boundaries of a redevelopment project area located
within the territorial limits of a municipality that is a
labor surplus municipality or within 1 1/2 miles of the
territorial limits of a municipality that is a labor surplus
municipality if the area is annexed to the municipality;
which area is zoned as industrial no later than at the time
the municipality by ordinance designates the redevelopment
project area, and which area includes both vacant land
suitable for use as an industrial park and a blighted area or
conservation area contiguous to such vacant land.
(e) "Labor surplus municipality" means a municipality in
which, at any time during the 6 months before the
municipality by ordinance designates an industrial park
conservation area, the unemployment rate was over 6% and was
also 100% or more of the national average unemployment rate
for that same time as published in the United States
Department of Labor Bureau of Labor Statistics publication
entitled "The Employment Situation" or its successor
publication. For the purpose of this subsection, if
unemployment rate statistics for the municipality are not
available, the unemployment rate in the municipality shall be
deemed to be the same as the unemployment rate in the
principal county in which the municipality is located.
(f) "Municipality" shall mean a city, village or
incorporated town.
(g) "Initial Sales Tax Amounts" means the amount of
taxes paid under the Retailers' Occupation Tax Act, Use Tax
Act, Service Use Tax Act, the Service Occupation Tax Act, the
Municipal Retailers' Occupation Tax Act, and the Municipal
Service Occupation Tax Act by retailers and servicemen on
transactions at places located in a State Sales Tax Boundary
during the calendar year 1985.
(g-1) "Revised Initial Sales Tax Amounts" means the
amount of taxes paid under the Retailers' Occupation Tax Act,
Use Tax Act, Service Use Tax Act, the Service Occupation Tax
Act, the Municipal Retailers' Occupation Tax Act, and the
Municipal Service Occupation Tax Act by retailers and
servicemen on transactions at places located within the State
Sales Tax Boundary revised pursuant to Section 11-74.4-8a(9)
of this Act.
(h) "Municipal Sales Tax Increment" means an amount
equal to the increase in the aggregate amount of taxes paid
to a municipality from the Local Government Tax Fund arising
from sales by retailers and servicemen within the
redevelopment project area or State Sales Tax Boundary, as
the case may be, for as long as the redevelopment project
area or State Sales Tax Boundary, as the case may be, exist
over and above the aggregate amount of taxes as certified by
the Illinois Department of Revenue and paid under the
Municipal Retailers' Occupation Tax Act and the Municipal
Service Occupation Tax Act by retailers and servicemen, on
transactions at places of business located in the
redevelopment project area or State Sales Tax Boundary, as
the case may be, during the base year which shall be the
calendar year immediately prior to the year in which the
municipality adopted tax increment allocation financing. For
purposes of computing the aggregate amount of such taxes for
base years occurring prior to 1985, the Department of Revenue
shall determine the Initial Sales Tax Amounts for such taxes
and deduct therefrom an amount equal to 4% of the aggregate
amount of taxes per year for each year the base year is prior
to 1985, but not to exceed a total deduction of 12%. The
amount so determined shall be known as the "Adjusted Initial
Sales Tax Amounts". For purposes of determining the
Municipal Sales Tax Increment, the Department of Revenue
shall for each period subtract from the amount paid to the
municipality from the Local Government Tax Fund arising from
sales by retailers and servicemen on transactions located in
the redevelopment project area or the State Sales Tax
Boundary, as the case may be, the certified Initial Sales Tax
Amounts, the Adjusted Initial Sales Tax Amounts or the
Revised Initial Sales Tax Amounts for the Municipal
Retailers' Occupation Tax Act and the Municipal Service
Occupation Tax Act. For the State Fiscal Year 1989, this
calculation shall be made by utilizing the calendar year 1987
to determine the tax amounts received. For the State Fiscal
Year 1990, this calculation shall be made by utilizing the
period from January 1, 1988, until September 30, 1988, to
determine the tax amounts received from retailers and
servicemen pursuant to the Municipal Retailers' Occupation
Tax and the Municipal Service Occupation Tax Act, which shall
have deducted therefrom nine-twelfths of the certified
Initial Sales Tax Amounts, the Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales Tax Amounts as
appropriate. For the State Fiscal Year 1991, this calculation
shall be made by utilizing the period from October 1, 1988,
to June 30, 1989, to determine the tax amounts received from
retailers and servicemen pursuant to the Municipal Retailers'
Occupation Tax and the Municipal Service Occupation Tax Act
which shall have deducted therefrom nine-twelfths of the
certified Initial Sales Tax Amounts, Adjusted Initial Sales
Tax Amounts or the Revised Initial Sales Tax Amounts as
appropriate. For every State Fiscal Year thereafter, the
applicable period shall be the 12 months beginning July 1 and
ending June 30 to determine the tax amounts received which
shall have deducted therefrom the certified Initial Sales Tax
Amounts, the Adjusted Initial Sales Tax Amounts or the
Revised Initial Sales Tax Amounts, as the case may be.
(i) "Net State Sales Tax Increment" means the sum of the
following: (a) 80% of the first $100,000 of State Sales Tax
Increment annually generated within a State Sales Tax
Boundary; (b) 60% of the amount in excess of $100,000 but not
exceeding $500,000 of State Sales Tax Increment annually
generated within a State Sales Tax Boundary; and (c) 40% of
all amounts in excess of $500,000 of State Sales Tax
Increment annually generated within a State Sales Tax
Boundary. If, however, a municipality established a tax
increment financing district in a county with a population in
excess of 3,000,000 before January 1, 1986, and the
municipality entered into a contract or issued bonds after
January 1, 1986, but before December 31, 1986, to finance
redevelopment project costs within a State Sales Tax
Boundary, then the Net State Sales Tax Increment means, for
the fiscal years beginning July 1, 1990, and July 1, 1991,
100% of the State Sales Tax Increment annually generated
within a State Sales Tax Boundary; and notwithstanding any
other provision of this Act, for those fiscal years the
Department of Revenue shall distribute to those
municipalities 100% of their Net State Sales Tax Increment
before any distribution to any other municipality and
regardless of whether or not those other municipalities will
receive 100% of their Net State Sales Tax Increment. For
Fiscal Year 1999, and every year thereafter until the year
2007, for any municipality that has not entered into a
contract or has not issued bonds prior to June 1, 1988 to
finance redevelopment project costs within a State Sales Tax
Boundary, the Net State Sales Tax Increment shall be
calculated as follows: By multiplying the Net State Sales Tax
Increment by 90% in the State Fiscal Year 1999; 80% in the
State Fiscal Year 2000; 70% in the State Fiscal Year 2001;
60% in the State Fiscal Year 2002; 50% in the State Fiscal
Year 2003; 40% in the State Fiscal Year 2004; 30% in the
State Fiscal Year 2005; 20% in the State Fiscal Year 2006;
and 10% in the State Fiscal Year 2007. No payment shall be
made for State Fiscal Year 2008 and thereafter.
Municipalities that issued bonds in connection with a
redevelopment project in a redevelopment project area within
the State Sales Tax Boundary prior to July 29, 1991, or that
entered into contracts in connection with a redevelopment
project in a redevelopment project area before June 1, 1988,
shall continue to receive their proportional share of the
Illinois Tax Increment Fund distribution until the date on
which the redevelopment project is completed or terminated.
If, however, a municipality that issued bonds in connection
with a redevelopment project in a redevelopment project area
within the State Sales Tax Boundary prior to July 29, 1991
retires the bonds prior to June 30, 2007 or a municipality
that entered into contracts in connection with a
redevelopment project in a redevelopment project area before
June 1, 1988 completes the contracts prior to June 30, 2007,
then so long as the redevelopment project is not completed or
is not terminated, the Net State Sales Tax Increment shall be
calculated, beginning on the date on which the bonds are
retired or the contracts are completed, as follows: By
multiplying the Net State Sales Tax Increment by 60% in the
State Fiscal Year 2002; 50% in the State Fiscal Year 2003;
40% in the State Fiscal Year 2004; 30% in the State Fiscal
Year 2005; 20% in the State Fiscal Year 2006; and 10% in the
State Fiscal Year 2007. No payment shall be made for State
Fiscal Year 2008 and thereafter. Refunding of any bonds
issued prior to July 29, 1991, shall not alter the Net State
Sales Tax Increment.
(j) "State Utility Tax Increment Amount" means an amount
equal to the aggregate increase in State electric and gas tax
charges imposed on owners and tenants, other than residential
customers, of properties located within the redevelopment
project area under Section 9-222 of the Public Utilities Act,
over and above the aggregate of such charges as certified by
the Department of Revenue and paid by owners and tenants,
other than residential customers, of properties within the
redevelopment project area during the base year, which shall
be the calendar year immediately prior to the year of the
adoption of the ordinance authorizing tax increment
allocation financing.
(k) "Net State Utility Tax Increment" means the sum of
the following: (a) 80% of the first $100,000 of State Utility
Tax Increment annually generated by a redevelopment project
area; (b) 60% of the amount in excess of $100,000 but not
exceeding $500,000 of the State Utility Tax Increment
annually generated by a redevelopment project area; and (c)
40% of all amounts in excess of $500,000 of State Utility Tax
Increment annually generated by a redevelopment project area.
For the State Fiscal Year 1999, and every year thereafter
until the year 2007, for any municipality that has not
entered into a contract or has not issued bonds prior to June
1, 1988 to finance redevelopment project costs within a
redevelopment project area, the Net State Utility Tax
Increment shall be calculated as follows: By multiplying the
Net State Utility Tax Increment by 90% in the State Fiscal
Year 1999; 80% in the State Fiscal Year 2000; 70% in the
State Fiscal Year 2001; 60% in the State Fiscal Year 2002;
50% in the State Fiscal Year 2003; 40% in the State Fiscal
Year 2004; 30% in the State Fiscal Year 2005; 20% in the
State Fiscal Year 2006; and 10% in the State Fiscal Year
2007. No payment shall be made for the State Fiscal Year 2008
and thereafter.
Municipalities that issue bonds in connection with the
redevelopment project during the period from June 1, 1988
until 3 years after the effective date of this Amendatory Act
of 1988 shall receive the Net State Utility Tax Increment,
subject to appropriation, for 15 State Fiscal Years after the
issuance of such bonds. For the 16th through the 20th State
Fiscal Years after issuance of the bonds, the Net State
Utility Tax Increment shall be calculated as follows: By
multiplying the Net State Utility Tax Increment by 90% in
year 16; 80% in year 17; 70% in year 18; 60% in year 19; and
50% in year 20. Refunding of any bonds issued prior to June
1, 1988, shall not alter the revised Net State Utility Tax
Increment payments set forth above.
(l) "Obligations" mean bonds, loans, debentures, notes,
special certificates or other evidence of indebtedness issued
by the municipality to carry out a redevelopment project or
to refund outstanding obligations.
(m) "Payment in lieu of taxes" means those estimated tax
revenues from real property in a redevelopment project area
derived from real property that has been acquired by a
municipality which according to the redevelopment project or
plan is to be used for a private use which taxing districts
would have received had a municipality not acquired the real
property and adopted tax increment allocation financing and
which would result from levies made after the time of the
adoption of tax increment allocation financing to the time
the current equalized value of real property in the
redevelopment project area exceeds the total initial
equalized value of real property in said area.
(n) "Redevelopment plan" means the comprehensive program
of the municipality for development or redevelopment intended
by the payment of redevelopment project costs to reduce or
eliminate those conditions the existence of which qualified
the redevelopment project area as a "blighted area" or
"conservation area" or combination thereof or "industrial
park conservation area," and thereby to enhance the tax bases
of the taxing districts which extend into the redevelopment
project area. On and after November 1, 1999 (the effective
date of Public Act 91-478), no redevelopment plan may be
approved or amended that includes the development of vacant
land (i) with a golf course and related clubhouse and other
facilities or (ii) designated by federal, State, county, or
municipal government as public land for outdoor recreational
activities or for nature preserves and used for that purpose
within 5 years prior to the adoption of the redevelopment
plan. For the purpose of this subsection, "recreational
activities" is limited to mean camping and hunting. Each
redevelopment plan shall set forth in writing the program to
be undertaken to accomplish the objectives and shall include
but not be limited to:
(A) an itemized list of estimated redevelopment
project costs;
(B) evidence indicating that the redevelopment
project area on the whole has not been subject to growth
and development through investment by private enterprise;
(C) an assessment of any financial impact of the
redevelopment project area on or any increased demand for
services from any taxing district affected by the plan
and any program to address such financial impact or
increased demand;
(D) the sources of funds to pay costs;
(E) the nature and term of the obligations to be
issued;
(F) the most recent equalized assessed valuation of
the redevelopment project area;
(G) an estimate as to the equalized assessed
valuation after redevelopment and the general land uses
to apply in the redevelopment project area;
(H) a commitment to fair employment practices and
an affirmative action plan;
(I) if it concerns an industrial park conservation
area, the plan shall also include a general description
of any proposed developer, user and tenant of any
property, a description of the type, structure and
general character of the facilities to be developed, a
description of the type, class and number of new
employees to be employed in the operation of the
facilities to be developed; and
(J) if property is to be annexed to the
municipality, the plan shall include the terms of the
annexation agreement.
The provisions of items (B) and (C) of this subsection
(n) shall not apply to a municipality that before March 14,
1994 (the effective date of Public Act 88-537) had fixed,
either by its corporate authorities or by a commission
designated under subsection (k) of Section 11-74.4-4, a time
and place for a public hearing as required by subsection (a)
of Section 11-74.4-5. No redevelopment plan shall be adopted
unless a municipality complies with all of the following
requirements:
(1) The municipality finds that the redevelopment
project area on the whole has not been subject to growth
and development through investment by private enterprise
and would not reasonably be anticipated to be developed
without the adoption of the redevelopment plan.
(2) The municipality finds that the redevelopment
plan and project conform to the comprehensive plan for
the development of the municipality as a whole, or, for
municipalities with a population of 100,000 or more,
regardless of when the redevelopment plan and project was
adopted, the redevelopment plan and project either: (i)
conforms to the strategic economic development or
redevelopment plan issued by the designated planning
authority of the municipality, or (ii) includes land uses
that have been approved by the planning commission of the
municipality.
(3) The redevelopment plan establishes the
estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs. Those dates shall not be
later than December 31 of the year in which the payment
to the municipal treasurer as provided in subsection (b)
of Section 11-74.4-8 of this Act is to be made with
respect to ad valorem taxes levied in the twenty-third
calendar year after the year in which the ordinance
approving the redevelopment project area is adopted if
the ordinance was adopted on or after January 15, 1981,
and not later than December 31 of the year in which the
payment to the municipal treasurer as provided in
subsection (b) of Section 11-74.4-8 of this Act is to be
made with respect to ad valorem taxes levied in the
thirty-fifth calendar year after the year in which the
ordinance approving the redevelopment project area is
adopted:
(A) if the ordinance was adopted before
January 15, 1981, or
(B) if the ordinance was adopted in December
1983, April 1984, July 1985, or December 1989, or
(C) if the ordinance was adopted in December
1987 and the redevelopment project is located within
one mile of Midway Airport, or
(D) if the ordinance was adopted before
January 1, 1987 by a municipality in Mason County,
or
(E) if the municipality is subject to the
Local Government Financial Planning and Supervision
Act or the Financially Distressed City Law, or
(F) if the ordinance was adopted in December
1984 by the Village of Rosemont, or
(G) if the ordinance was adopted on December
31, 1986 by a municipality located in Clinton County
for which at least $250,000 of tax increment bonds
were authorized on June 17, 1997, or if the
ordinance was adopted on December 31, 1986 by a
municipality with a population in 1990 of less than
3,600 that is located in a county with a population
in 1990 of less than 34,000 and for which at least
$250,000 of tax increment bonds were authorized on
June 17, 1997, or
(H) if the ordinance was adopted on October 5,
1982 by the City of Kankakee, or if the ordinance
was adopted on December 29, 1986 by East St. Louis,
or
(I) if the ordinance was adopted on November
12, 1991 by the Village of Sauget, or
(J) if the ordinance was adopted on February
11, 1985 by the City of Rock Island, or
(K) if the ordinance was adopted before
December 18, 1986 by the City of Moline, or
(L) if the ordinance was adopted in September
1988 by Sauk Village, or
(M) if the ordinance was adopted in October
1993 by Sauk Village, or
(N) if the ordinance was adopted on December
29, 1986 by the City of Galva, or
(O) if the ordinance was adopted in March 1991
by the City of Centreville, or
(P) (L) if the ordinance was adopted on
January 23, 1991 by the City of East St. Louis.
However, for redevelopment project areas for which
bonds were issued before July 29, 1991, or for which
contracts were entered into before June 1, 1988, in
connection with a redevelopment project in the area
within the State Sales Tax Boundary, the estimated dates
of completion of the redevelopment project and retirement
of obligations to finance redevelopment project costs may
be extended by municipal ordinance to December 31, 2013.
The extension allowed by this amendatory Act of 1993
shall not apply to real property tax increment allocation
financing under Section 11-74.4-8.
A municipality may by municipal ordinance amend an
existing redevelopment plan to conform to this paragraph
(3) as amended by Public Act 91-478, which municipal
ordinance may be adopted without further hearing or
notice and without complying with the procedures provided
in this Act pertaining to an amendment to or the initial
approval of a redevelopment plan and project and
designation of a redevelopment project area.
Those dates, for purposes of real property tax
increment allocation financing pursuant to Section
11-74.4-8 only, shall be not more than 35 years for
redevelopment project areas that were adopted on or after
December 16, 1986 and for which at least $8 million worth
of municipal bonds were authorized on or after December
19, 1989 but before January 1, 1990; provided that the
municipality elects to extend the life of the
redevelopment project area to 35 years by the adoption of
an ordinance after at least 14 but not more than 30 days'
written notice to the taxing bodies, that would otherwise
constitute the joint review board for the redevelopment
project area, before the adoption of the ordinance.
Those dates, for purposes of real property tax
increment allocation financing pursuant to Section
11-74.4-8 only, shall be not more than 35 years for
redevelopment project areas that were established on or
after December 1, 1981 but before January 1, 1982 and for
which at least $1,500,000 worth of tax increment revenue
bonds were authorized on or after September 30, 1990 but
before July 1, 1991; provided that the municipality
elects to extend the life of the redevelopment project
area to 35 years by the adoption of an ordinance after at
least 14 but not more than 30 days' written notice to the
taxing bodies, that would otherwise constitute the joint
review board for the redevelopment project area, before
the adoption of the ordinance.
(3.5) The municipality finds, in the case of an
industrial park conservation area, also that the
municipality is a labor surplus municipality and that the
implementation of the redevelopment plan will reduce
unemployment, create new jobs and by the provision of new
facilities enhance the tax base of the taxing districts
that extend into the redevelopment project area.
(4) If any incremental revenues are being utilized
under Section 8(a)(1) or 8(a)(2) of this Act in
redevelopment project areas approved by ordinance after
January 1, 1986, the municipality finds: (a) that the
redevelopment project area would not reasonably be
developed without the use of such incremental revenues,
and (b) that such incremental revenues will be
exclusively utilized for the development of the
redevelopment project area.
(5) On and after November 1, 1999, if the
redevelopment plan will not result in displacement of 10
or more residents from inhabited units, and the
municipality certifies in the plan that such displacement
will not result from the plan, a housing impact study
need not be performed. If, however, the redevelopment
plan would result in the displacement of residents from
10 or more inhabited residential units, or if the
redevelopment project area contains 75 or more inhabited
residential units and no certification is made, then the
municipality shall prepare, as part of the separate
feasibility report required by subsection (a) of Section
11-74.4-5, a housing impact study.
Part I of the housing impact study shall include (i)
data as to whether the residential units are single
family or multi-family units, (ii) the number and type of
rooms within the units, if that information is available,
(iii) whether the units are inhabited or uninhabited, as
determined not less than 45 days before the date that the
ordinance or resolution required by subsection (a) of
Section 11-74.4-5 is passed, and (iv) data as to the
racial and ethnic composition of the residents in the
inhabited residential units. The data requirement as to
the racial and ethnic composition of the residents in the
inhabited residential units shall be deemed to be fully
satisfied by data from the most recent federal census.
Part II of the housing impact study shall identify
the inhabited residential units in the proposed
redevelopment project area that are to be or may be
removed. If inhabited residential units are to be
removed, then the housing impact study shall identify (i)
the number and location of those units that will or may
be removed, (ii) the municipality's plans for relocation
assistance for those residents in the proposed
redevelopment project area whose residences are to be
removed, (iii) the availability of replacement housing
for those residents whose residences are to be removed,
and shall identify the type, location, and cost of the
housing, and (iv) the type and extent of relocation
assistance to be provided.
(6) On and after November 1, 1999, the housing
impact study required by paragraph (5) shall be
incorporated in the redevelopment plan for the
redevelopment project area.
(7) On and after November 1, 1999, no redevelopment
plan shall be adopted, nor an existing plan amended, nor
shall residential housing that is occupied by households
of low-income and very low-income persons in currently
existing redevelopment project areas be removed after
November 1, 1999 unless the redevelopment plan provides,
with respect to inhabited housing units that are to be
removed for households of low-income and very low-income
persons, affordable housing and relocation assistance not
less than that which would be provided under the federal
Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 and the regulations
under that Act, including the eligibility criteria.
Affordable housing may be either existing or newly
constructed housing. For purposes of this paragraph (7),
"low-income households", "very low-income households",
and "affordable housing" have the meanings set forth in
the Illinois Affordable Housing Act. The municipality
shall make a good faith effort to ensure that this
affordable housing is located in or near the
redevelopment project area within the municipality.
(8) On and after November 1, 1999, if, after the
adoption of the redevelopment plan for the redevelopment
project area, any municipality desires to amend its
redevelopment plan to remove more inhabited residential
units than specified in its original redevelopment plan,
that increase in the number of units to be removed shall
be deemed to be a change in the nature of the
redevelopment plan as to require compliance with the
procedures in this Act pertaining to the initial approval
of a redevelopment plan.
(9) For redevelopment project areas designated
prior to November 1, 1999, the redevelopment plan may be
amended without further joint review board meeting or
hearing, provided that the municipality shall give notice
of any such changes by mail to each affected taxing
district and registrant on the interested party registry,
to authorize the municipality to expend tax increment
revenues for redevelopment project costs defined by
paragraphs (5) and (7.5), subparagraphs (E) and (F) of
paragraph (11), and paragraph (11.5) of subsection (q) of
Section 11-74.4-3, so long as the changes do not increase
the total estimated redevelopment project costs set out
in the redevelopment plan by more than 5% after
adjustment for inflation from the date the plan was
adopted.
(o) "Redevelopment project" means any public and private
development project in furtherance of the objectives of a
redevelopment plan. On and after November 1, 1999 (the
effective date of Public Act 91-478), no redevelopment plan
may be approved or amended that includes the development of
vacant land (i) with a golf course and related clubhouse and
other facilities or (ii) designated by federal, State,
county, or municipal government as public land for outdoor
recreational activities or for nature preserves and used for
that purpose within 5 years prior to the adoption of the
redevelopment plan. For the purpose of this subsection,
"recreational activities" is limited to mean camping and
hunting.
(p) "Redevelopment project area" means an area
designated by the municipality, which is not less in the
aggregate than 1 1/2 acres and in respect to which the
municipality has made a finding that there exist conditions
which cause the area to be classified as an industrial park
conservation area or a blighted area or a conservation area,
or a combination of both blighted areas and conservation
areas.
(q) "Redevelopment project costs" mean and include the
sum total of all reasonable or necessary costs incurred or
estimated to be incurred, and any such costs incidental to a
redevelopment plan and a redevelopment project. Such costs
include, without limitation, the following:
(1) Costs of studies, surveys, development of
plans, and specifications, implementation and
administration of the redevelopment plan including but
not limited to staff and professional service costs for
architectural, engineering, legal, financial, planning or
other services, provided however that no charges for
professional services may be based on a percentage of the
tax increment collected; except that on and after
November 1, 1999 (the effective date of Public Act
91-478), no contracts for professional services,
excluding architectural and engineering services, may be
entered into if the terms of the contract extend beyond a
period of 3 years. In addition, "redevelopment project
costs" shall not include lobbying expenses. After
consultation with the municipality, each tax increment
consultant or advisor to a municipality that plans to
designate or has designated a redevelopment project area
shall inform the municipality in writing of any contracts
that the consultant or advisor has entered into with
entities or individuals that have received, or are
receiving, payments financed by tax increment revenues
produced by the redevelopment project area with respect
to which the consultant or advisor has performed, or will
be performing, service for the municipality. This
requirement shall be satisfied by the consultant or
advisor before the commencement of services for the
municipality and thereafter whenever any other contracts
with those individuals or entities are executed by the
consultant or advisor;
(1.5) After July 1, 1999, annual administrative
costs shall not include general overhead or
administrative costs of the municipality that would still
have been incurred by the municipality if the
municipality had not designated a redevelopment project
area or approved a redevelopment plan;
(1.6) The cost of marketing sites within the
redevelopment project area to prospective businesses,
developers, and investors;
(2) Property assembly costs, including but not
limited to acquisition of land and other property, real
or personal, or rights or interests therein, demolition
of buildings, site preparation, site improvements that
serve as an engineered barrier addressing ground level or
below ground environmental contamination, including, but
not limited to parking lots and other concrete or asphalt
barriers, and the clearing and grading of land;
(3) Costs of rehabilitation, reconstruction or
repair or remodeling of existing public or private
buildings, fixtures, and leasehold improvements; and the
cost of replacing an existing public building if pursuant
to the implementation of a redevelopment project the
existing public building is to be demolished to use the
site for private investment or devoted to a different use
requiring private investment;
(4) Costs of the construction of public works or
improvements, except that on and after November 1, 1999,
redevelopment project costs shall not include the cost of
constructing a new municipal public building principally
used to provide offices, storage space, or conference
facilities or vehicle storage, maintenance, or repair for
administrative, public safety, or public works personnel
and that is not intended to replace an existing public
building as provided under paragraph (3) of subsection
(q) of Section 11-74.4-3 unless either (i) the
construction of the new municipal building implements a
redevelopment project that was included in a
redevelopment plan that was adopted by the municipality
prior to November 1, 1999 or (ii) the municipality makes
a reasonable determination in the redevelopment plan,
supported by information that provides the basis for that
determination, that the new municipal building is
required to meet an increase in the need for public
safety purposes anticipated to result from the
implementation of the redevelopment plan;
(5) Costs of job training and retraining projects,
including the cost of "welfare to work" programs
implemented by businesses located within the
redevelopment project area;
(6) Financing costs, including but not limited to
all necessary and incidental expenses related to the
issuance of obligations and which may include payment of
interest on any obligations issued hereunder including
interest accruing during the estimated period of
construction of any redevelopment project for which such
obligations are issued and for not exceeding 36 months
thereafter and including reasonable reserves related
thereto;
(7) To the extent the municipality by written
agreement accepts and approves the same, all or a portion
of a taxing district's capital costs resulting from the
redevelopment project necessarily incurred or to be
incurred within a taxing district in furtherance of the
objectives of the redevelopment plan and project.
(7.5) For redevelopment project areas designated
(or redevelopment project areas amended to add or
increase the number of tax-increment-financing assisted
housing units) on or after November 1, 1999, an
elementary, secondary, or unit school district's
increased costs attributable to assisted housing units
located within the redevelopment project area for which
the developer or redeveloper receives financial
assistance through an agreement with the municipality or
because the municipality incurs the cost of necessary
infrastructure improvements within the boundaries of the
assisted housing sites necessary for the completion of
that housing as authorized by this Act, and which costs
shall be paid by the municipality from the Special Tax
Allocation Fund when the tax increment revenue is
received as a result of the assisted housing units and
shall be calculated annually as follows:
(A) for foundation districts, excluding any
school district in a municipality with a population
in excess of 1,000,000, by multiplying the
district's increase in attendance resulting from the
net increase in new students enrolled in that school
district who reside in housing units within the
redevelopment project area that have received
financial assistance through an agreement with the
municipality or because the municipality incurs the
cost of necessary infrastructure improvements within
the boundaries of the housing sites necessary for
the completion of that housing as authorized by this
Act since the designation of the redevelopment
project area by the most recently available per
capita tuition cost as defined in Section 10-20.12a
of the School Code less any increase in general
State aid as defined in Section 18-8.05 of the
School Code attributable to these added new students
subject to the following annual limitations:
(i) for unit school districts with a
district average 1995-96 Per Capita Tuition
Charge of less than $5,900, no more than 25% of
the total amount of property tax increment
revenue produced by those housing units that
have received tax increment finance assistance
under this Act;
(ii) for elementary school districts with
a district average 1995-96 Per Capita Tuition
Charge of less than $5,900, no more than 17% of
the total amount of property tax increment
revenue produced by those housing units that
have received tax increment finance assistance
under this Act; and
(iii) for secondary school districts with
a district average 1995-96 Per Capita Tuition
Charge of less than $5,900, no more than 8% of
the total amount of property tax increment
revenue produced by those housing units that
have received tax increment finance assistance
under this Act.
(B) For alternate method districts, flat grant
districts, and foundation districts with a district
average 1995-96 Per Capita Tuition Charge equal to
or more than $5,900, excluding any school district
with a population in excess of 1,000,000, by
multiplying the district's increase in attendance
resulting from the net increase in new students
enrolled in that school district who reside in
housing units within the redevelopment project area
that have received financial assistance through an
agreement with the municipality or because the
municipality incurs the cost of necessary
infrastructure improvements within the boundaries of
the housing sites necessary for the completion of
that housing as authorized by this Act since the
designation of the redevelopment project area by the
most recently available per capita tuition cost as
defined in Section 10-20.12a of the School Code less
any increase in general state aid as defined in
Section 18-8.05 of the School Code attributable to
these added new students subject to the following
annual limitations:
(i) for unit school districts, no more
than 40% of the total amount of property tax
increment revenue produced by those housing
units that have received tax increment finance
assistance under this Act;
(ii) for elementary school districts, no
more than 27% of the total amount of property
tax increment revenue produced by those housing
units that have received tax increment finance
assistance under this Act; and
(iii) for secondary school districts, no
more than 13% of the total amount of property
tax increment revenue produced by those housing
units that have received tax increment finance
assistance under this Act.
(C) For any school district in a municipality
with a population in excess of 1,000,000, the
following restrictions shall apply to the
reimbursement of increased costs under this
paragraph (7.5):
(i) no increased costs shall be
reimbursed unless the school district certifies
that each of the schools affected by the
assisted housing project is at or over its
student capacity;
(ii) the amount reimburseable shall be
reduced by the value of any land donated to the
school district by the municipality or
developer, and by the value of any physical
improvements made to the schools by the
municipality or developer; and
(iii) the amount reimbursed may not
affect amounts otherwise obligated by the terms
of any bonds, notes, or other funding
instruments, or the terms of any redevelopment
agreement.
Any school district seeking payment under this
paragraph (7.5) shall, after July 1 and before
September 30 of each year, provide the municipality
with reasonable evidence to support its claim for
reimbursement before the municipality shall be
required to approve or make the payment to the
school district. If the school district fails to
provide the information during this period in any
year, it shall forfeit any claim to reimbursement
for that year. School districts may adopt a
resolution waiving the right to all or a portion of
the reimbursement otherwise required by this
paragraph (7.5). By acceptance of this
reimbursement the school district waives the right
to directly or indirectly set aside, modify, or
contest in any manner the establishment of the
redevelopment project area or projects;
(8) Relocation costs to the extent that a
municipality determines that relocation costs shall be
paid or is required to make payment of relocation costs
by federal or State law or in order to satisfy
subparagraph (7) of subsection (n);
(9) Payment in lieu of taxes;
(10) Costs of job training, retraining, advanced
vocational education or career education, including but
not limited to courses in occupational, semi-technical or
technical fields leading directly to employment, incurred
by one or more taxing districts, provided that such costs
(i) are related to the establishment and maintenance of
additional job training, advanced vocational education or
career education programs for persons employed or to be
employed by employers located in a redevelopment project
area; and (ii) when incurred by a taxing district or
taxing districts other than the municipality, are set
forth in a written agreement by or among the municipality
and the taxing district or taxing districts, which
agreement describes the program to be undertaken,
including but not limited to the number of employees to
be trained, a description of the training and services to
be provided, the number and type of positions available
or to be available, itemized costs of the program and
sources of funds to pay for the same, and the term of the
agreement. Such costs include, specifically, the payment
by community college districts of costs pursuant to
Sections 3-37, 3-38, 3-40 and 3-40.1 of the Public
Community College Act and by school districts of costs
pursuant to Sections 10-22.20a and 10-23.3a of The School
Code;
(11) Interest cost incurred by a redeveloper
related to the construction, renovation or rehabilitation
of a redevelopment project provided that:
(A) such costs are to be paid directly from
the special tax allocation fund established pursuant
to this Act;
(B) such payments in any one year may not
exceed 30% of the annual interest costs incurred by
the redeveloper with regard to the redevelopment
project during that year;
(C) if there are not sufficient funds
available in the special tax allocation fund to make
the payment pursuant to this paragraph (11) then the
amounts so due shall accrue and be payable when
sufficient funds are available in the special tax
allocation fund;
(D) the total of such interest payments paid
pursuant to this Act may not exceed 30% of the total
(i) cost paid or incurred by the redeveloper for the
redevelopment project plus (ii) redevelopment
project costs excluding any property assembly costs
and any relocation costs incurred by a municipality
pursuant to this Act; and
(E) the cost limits set forth in subparagraphs
(B) and (D) of paragraph (11) shall be modified for
the financing of rehabilitated or new housing units
for low-income households and very low-income
households, as defined in Section 3 of the Illinois
Affordable Housing Act. The percentage of 75% shall
be substituted for 30% in subparagraphs (B) and (D)
of paragraph (11).
(F) Instead of the eligible costs provided by
subparagraphs (B) and (D) of paragraph (11), as
modified by this subparagraph, and notwithstanding
any other provisions of this Act to the contrary,
the municipality may pay from tax increment revenues
up to 50% of the cost of construction of new housing
units to be occupied by low-income households and
very low-income households as defined in Section 3
of the Illinois Affordable Housing Act. The cost of
construction of those units may be derived from the
proceeds of bonds issued by the municipality under
this Act or other constitutional or statutory
authority or from other sources of municipal revenue
that may be reimbursed from tax increment revenues
or the proceeds of bonds issued to finance the
construction of that housing.
The eligible costs provided under this
subparagraph (F) of paragraph (11) shall be an
eligible cost for the construction, renovation, and
rehabilitation of all low and very low-income
housing units, as defined in Section 3 of the
Illinois Affordable Housing Act, within the
redevelopment project area. If the low and very
low-income units are part of a residential
redevelopment project that includes units not
affordable to low and very low-income households,
only the low and very low-income units shall be
eligible for benefits under subparagraph (F) of
paragraph (11). The standards for maintaining the
occupancy by low-income households and very
low-income households, as defined in Section 3 of
the Illinois Affordable Housing Act, of those units
constructed with eligible costs made available under
the provisions of this subparagraph (F) of paragraph
(11) shall be established by guidelines adopted by
the municipality. The responsibility for annually
documenting the initial occupancy of the units by
low-income households and very low-income
households, as defined in Section 3 of the Illinois
Affordable Housing Act, shall be that of the then
current owner of the property. For ownership units,
the guidelines will provide, at a minimum, for a
reasonable recapture of funds, or other appropriate
methods designed to preserve the original
affordability of the ownership units. For rental
units, the guidelines will provide, at a minimum,
for the affordability of rent to low and very
low-income households. As units become available,
they shall be rented to income-eligible tenants. The
municipality may modify these guidelines from time
to time; the guidelines, however, shall be in effect
for as long as tax increment revenue is being used
to pay for costs associated with the units or for
the retirement of bonds issued to finance the units
or for the life of the redevelopment project area,
whichever is later.
(11.5) If the redevelopment project area is located
within a municipality with a population of more than
100,000, the cost of day care services for children of
employees from low-income families working for businesses
located within the redevelopment project area and all or
a portion of the cost of operation of day care centers
established by redevelopment project area businesses to
serve employees from low-income families working in
businesses located in the redevelopment project area.
For the purposes of this paragraph, "low-income families"
means families whose annual income does not exceed 80% of
the municipal, county, or regional median income,
adjusted for family size, as the annual income and
municipal, county, or regional median income are
determined from time to time by the United States
Department of Housing and Urban Development.
(12) Unless explicitly stated herein the cost of
construction of new privately-owned buildings shall not
be an eligible redevelopment project cost.
(13) After November 1, 1999 (the effective date of
Public Act 91-478), none of the redevelopment project
costs enumerated in this subsection shall be eligible
redevelopment project costs if those costs would provide
direct financial support to a retail entity initiating
operations in the redevelopment project area while
terminating operations at another Illinois location
within 10 miles of the redevelopment project area but
outside the boundaries of the redevelopment project area
municipality. For purposes of this paragraph,
termination means a closing of a retail operation that is
directly related to the opening of the same operation or
like retail entity owned or operated by more than 50% of
the original ownership in a redevelopment project area,
but it does not mean closing an operation for reasons
beyond the control of the retail entity, as documented by
the retail entity, subject to a reasonable finding by the
municipality that the current location contained
inadequate space, had become economically obsolete, or
was no longer a viable location for the retailer or
serviceman.
If a special service area has been established pursuant
to the Special Service Area Tax Act or Special Service Area
Tax Law, then any tax increment revenues derived from the tax
imposed pursuant to the Special Service Area Tax Act or
Special Service Area Tax Law may be used within the
redevelopment project area for the purposes permitted by that
Act or Law as well as the purposes permitted by this Act.
(r) "State Sales Tax Boundary" means the redevelopment
project area or the amended redevelopment project area
boundaries which are determined pursuant to subsection (9) of
Section 11-74.4-8a of this Act. The Department of Revenue
shall certify pursuant to subsection (9) of Section
11-74.4-8a the appropriate boundaries eligible for the
determination of State Sales Tax Increment.
(s) "State Sales Tax Increment" means an amount equal to
the increase in the aggregate amount of taxes paid by
retailers and servicemen, other than retailers and servicemen
subject to the Public Utilities Act, on transactions at
places of business located within a State Sales Tax Boundary
pursuant to the Retailers' Occupation Tax Act, the Use Tax
Act, the Service Use Tax Act, and the Service Occupation Tax
Act, except such portion of such increase that is paid into
the State and Local Sales Tax Reform Fund, the Local
Government Distributive Fund, the Local Government Tax
Fund and the County and Mass Transit District Fund, for as
long as State participation exists, over and above the
Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts
or the Revised Initial Sales Tax Amounts for such taxes as
certified by the Department of Revenue and paid under those
Acts by retailers and servicemen on transactions at places of
business located within the State Sales Tax Boundary during
the base year which shall be the calendar year immediately
prior to the year in which the municipality adopted tax
increment allocation financing, less 3.0% of such amounts
generated under the Retailers' Occupation Tax Act, Use Tax
Act and Service Use Tax Act and the Service Occupation Tax
Act, which sum shall be appropriated to the Department of
Revenue to cover its costs of administering and enforcing
this Section. For purposes of computing the aggregate amount
of such taxes for base years occurring prior to 1985, the
Department of Revenue shall compute the Initial Sales Tax
Amount for such taxes and deduct therefrom an amount equal to
4% of the aggregate amount of taxes per year for each year
the base year is prior to 1985, but not to exceed a total
deduction of 12%. The amount so determined shall be known as
the "Adjusted Initial Sales Tax Amount". For purposes of
determining the State Sales Tax Increment the Department of
Revenue shall for each period subtract from the tax amounts
received from retailers and servicemen on transactions
located in the State Sales Tax Boundary, the certified
Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts
or Revised Initial Sales Tax Amounts for the Retailers'
Occupation Tax Act, the Use Tax Act, the Service Use Tax Act
and the Service Occupation Tax Act. For the State Fiscal
Year 1989 this calculation shall be made by utilizing the
calendar year 1987 to determine the tax amounts received. For
the State Fiscal Year 1990, this calculation shall be made by
utilizing the period from January 1, 1988, until September
30, 1988, to determine the tax amounts received from
retailers and servicemen, which shall have deducted therefrom
nine-twelfths of the certified Initial Sales Tax Amounts,
Adjusted Initial Sales Tax Amounts or the Revised Initial
Sales Tax Amounts as appropriate. For the State Fiscal Year
1991, this calculation shall be made by utilizing the period
from October 1, 1988, until June 30, 1989, to determine the
tax amounts received from retailers and servicemen, which
shall have deducted therefrom nine-twelfths of the certified
Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales Tax Amounts as
appropriate. For every State Fiscal Year thereafter, the
applicable period shall be the 12 months beginning July 1 and
ending on June 30, to determine the tax amounts received
which shall have deducted therefrom the certified Initial
Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
Revised Initial Sales Tax Amounts. Municipalities intending
to receive a distribution of State Sales Tax Increment must
report a list of retailers to the Department of Revenue by
October 31, 1988 and by July 31, of each year thereafter.
(t) "Taxing districts" means counties, townships, cities
and incorporated towns and villages, school, road, park,
sanitary, mosquito abatement, forest preserve, public health,
fire protection, river conservancy, tuberculosis sanitarium
and any other municipal corporations or districts with the
power to levy taxes.
(u) "Taxing districts' capital costs" means those costs
of taxing districts for capital improvements that are found
by the municipal corporate authorities to be necessary and
directly result from the redevelopment project.
(v) As used in subsection (a) of Section 11-74.4-3 of
this Act, "vacant land" means any parcel or combination of
parcels of real property without industrial, commercial, and
residential buildings which has not been used for commercial
agricultural purposes within 5 years prior to the designation
of the redevelopment project area, unless the parcel is
included in an industrial park conservation area or the
parcel has been subdivided; provided that if the parcel was
part of a larger tract that has been divided into 3 or more
smaller tracts that were accepted for recording during the
period from 1950 to 1990, then the parcel shall be deemed to
have been subdivided, and all proceedings and actions of the
municipality taken in that connection with respect to any
previously approved or designated redevelopment project area
or amended redevelopment project area are hereby validated
and hereby declared to be legally sufficient for all purposes
of this Act. For purposes of this Section and only for land
subject to the subdivision requirements of the Plat Act, land
is subdivided when the original plat of the proposed
Redevelopment Project Area or relevant portion thereof has
been properly certified, acknowledged, approved, and recorded
or filed in accordance with the Plat Act and a preliminary
plat, if any, for any subsequent phases of the proposed
Redevelopment Project Area or relevant portion thereof has
been properly approved and filed in accordance with the
applicable ordinance of the municipality.
(w) "Annual Total Increment" means the sum of each
municipality's annual Net Sales Tax Increment and each
municipality's annual Net Utility Tax Increment. The ratio
of the Annual Total Increment of each municipality to the
Annual Total Increment for all municipalities, as most
recently calculated by the Department, shall determine the
proportional shares of the Illinois Tax Increment Fund to be
distributed to each municipality.
(Source: P.A. 91-261, eff. 7-23-99; 91-477, eff. 8-11-99;
91-478, eff. 11-1-99; 91-642, eff. 8-20-99; 91-763, eff.
6-9-00; 92-263, eff. 8-7-01; 92-406, eff. 1-1-02; revised
9-19-01.)
(65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
Sec. 11-74.4-7. Obligations secured by the special tax
allocation fund set forth in Section 11-74.4-8 for the
redevelopment project area may be issued to provide for
redevelopment project costs. Such obligations, when so
issued, shall be retired in the manner provided in the
ordinance authorizing the issuance of such obligations by the
receipts of taxes levied as specified in Section 11-74.4-9
against the taxable property included in the area, by
revenues as specified by Section 11-74.4-8a and other revenue
designated by the municipality. A municipality may in the
ordinance pledge all or any part of the funds in and to be
deposited in the special tax allocation fund created pursuant
to Section 11-74.4-8 to the payment of the redevelopment
project costs and obligations. Any pledge of funds in the
special tax allocation fund shall provide for distribution to
the taxing districts and to the Illinois Department of
Revenue of moneys not required, pledged, earmarked, or
otherwise designated for payment and securing of the
obligations and anticipated redevelopment project costs and
such excess funds shall be calculated annually and deemed to
be "surplus" funds. In the event a municipality only applies
or pledges a portion of the funds in the special tax
allocation fund for the payment or securing of anticipated
redevelopment project costs or of obligations, any such funds
remaining in the special tax allocation fund after complying
with the requirements of the application or pledge, shall
also be calculated annually and deemed "surplus" funds. All
surplus funds in the special tax allocation fund shall be
distributed annually within 180 days after the close of the
municipality's fiscal year by being paid by the municipal
treasurer to the County Collector, to the Department of
Revenue and to the municipality in direct proportion to the
tax incremental revenue received as a result of an increase
in the equalized assessed value of property in the
redevelopment project area, tax incremental revenue received
from the State and tax incremental revenue received from the
municipality, but not to exceed as to each such source the
total incremental revenue received from that source. The
County Collector shall thereafter make distribution to the
respective taxing districts in the same manner and proportion
as the most recent distribution by the county collector to
the affected districts of real property taxes from real
property in the redevelopment project area.
Without limiting the foregoing in this Section, the
municipality may in addition to obligations secured by the
special tax allocation fund pledge for a period not greater
than the term of the obligations towards payment of such
obligations any part or any combination of the following: (a)
net revenues of all or part of any redevelopment project; (b)
taxes levied and collected on any or all property in the
municipality; (c) the full faith and credit of the
municipality; (d) a mortgage on part or all of the
redevelopment project; or (e) any other taxes or anticipated
receipts that the municipality may lawfully pledge.
Such obligations may be issued in one or more series
bearing interest at such rate or rates as the corporate
authorities of the municipality shall determine by ordinance.
Such obligations shall bear such date or dates, mature at
such time or times not exceeding 20 years from their
respective dates, be in such denomination, carry such
registration privileges, be executed in such manner, be
payable in such medium of payment at such place or places,
contain such covenants, terms and conditions, and be subject
to redemption as such ordinance shall provide. Obligations
issued pursuant to this Act may be sold at public or private
sale at such price as shall be determined by the corporate
authorities of the municipalities. No referendum approval of
the electors shall be required as a condition to the issuance
of obligations pursuant to this Division except as provided
in this Section.
In the event the municipality authorizes issuance of
obligations pursuant to the authority of this Division
secured by the full faith and credit of the municipality,
which obligations are other than obligations which may be
issued under home rule powers provided by Article VII,
Section 6 of the Illinois Constitution, or pledges taxes
pursuant to (b) or (c) of the second paragraph of this
section, the ordinance authorizing the issuance of such
obligations or pledging such taxes shall be published within
10 days after such ordinance has been passed in one or more
newspapers, with general circulation within such
municipality. The publication of the ordinance shall be
accompanied by a notice of (1) the specific number of voters
required to sign a petition requesting the question of the
issuance of such obligations or pledging taxes to be
submitted to the electors; (2) the time in which such
petition must be filed; and (3) the date of the prospective
referendum. The municipal clerk shall provide a petition
form to any individual requesting one.
If no petition is filed with the municipal clerk, as
hereinafter provided in this Section, within 30 days after
the publication of the ordinance, the ordinance shall be in
effect. But, if within that 30 day period a petition is
filed with the municipal clerk, signed by electors in the
municipality numbering 10% or more of the number of
registered voters in the municipality, asking that the
question of issuing obligations using full faith and credit
of the municipality as security for the cost of paying for
redevelopment project costs, or of pledging taxes for the
payment of such obligations, or both, be submitted to the
electors of the municipality, the corporate authorities of
the municipality shall call a special election in the manner
provided by law to vote upon that question, or, if a general,
State or municipal election is to be held within a period of
not less than 30 or more than 90 days from the date such
petition is filed, shall submit the question at the next
general, State or municipal election. If it appears upon the
canvass of the election by the corporate authorities that a
majority of electors voting upon the question voted in favor
thereof, the ordinance shall be in effect, but if a majority
of the electors voting upon the question are not in favor
thereof, the ordinance shall not take effect.
The ordinance authorizing the obligations may provide
that the obligations shall contain a recital that they are
issued pursuant to this Division, which recital shall be
conclusive evidence of their validity and of the regularity
of their issuance.
In the event the municipality authorizes issuance of
obligations pursuant to this Section secured by the full
faith and credit of the municipality, the ordinance
authorizing the obligations may provide for the levy and
collection of a direct annual tax upon all taxable property
within the municipality sufficient to pay the principal
thereof and interest thereon as it matures, which levy may be
in addition to and exclusive of the maximum of all other
taxes authorized to be levied by the municipality, which
levy, however, shall be abated to the extent that monies from
other sources are available for payment of the obligations
and the municipality certifies the amount of said monies
available to the county clerk.
A certified copy of such ordinance shall be filed with
the county clerk of each county in which any portion of the
municipality is situated, and shall constitute the authority
for the extension and collection of the taxes to be deposited
in the special tax allocation fund.
A municipality may also issue its obligations to refund
in whole or in part, obligations theretofore issued by such
municipality under the authority of this Act, whether at or
prior to maturity, provided however, that the last maturity
of the refunding obligations shall not be expressed to mature
later than December 31 of the year in which the payment to
the municipal treasurer as provided in subsection (b) of
Section 11-74.4-8 of this Act is to be made with respect to
ad valorem taxes levied in the twenty-third calendar year
after the year in which the ordinance approving the
redevelopment project area is adopted if the ordinance was
adopted on or after January 15, 1981, and not later than
December 31 of the year in which the payment to the municipal
treasurer as provided in subsection (b) of Section 11-74.4-8
of this Act is to be made with respect to ad valorem taxes
levied in the thirty-fifth calendar year after the year in
which the ordinance approving the redevelopment project area
is adopted (A) if the ordinance was adopted before January
15, 1981, or (B) if the ordinance was adopted in December
1983, April 1984, July 1985, or December 1989, or (C) if the
ordinance was adopted in December, 1987 and the redevelopment
project is located within one mile of Midway Airport, or (D)
if the ordinance was adopted before January 1, 1987 by a
municipality in Mason County, or (E) if the municipality is
subject to the Local Government Financial Planning and
Supervision Act or the Financially Distressed City Law, or
(F) if the ordinance was adopted in December 1984 by the
Village of Rosemont, or (G) if the ordinance was adopted on
December 31, 1986 by a municipality located in Clinton County
for which at least $250,000 of tax increment bonds were
authorized on June 17, 1997, or if the ordinance was adopted
on December 31, 1986 by a municipality with a population in
1990 of less than 3,600 that is located in a county with a
population in 1990 of less than 34,000 and for which at least
$250,000 of tax increment bonds were authorized on June 17,
1997, or (H) if the ordinance was adopted on October 5, 1982
by the City of Kankakee, or (I) if the ordinance was adopted
on December 29, 1986 by East St. Louis, or if the ordinance
was adopted on November 12, 1991 by the Village of Sauget, or
(J) if the ordinance was adopted on February 11, 1985 by the
City of Rock Island, or (K) if the ordinance was adopted
before December 18, 1986 by the City of Moline, or (L) if the
ordinance was adopted in September 1988 by Sauk Village, or
(M) if the ordinance was adopted in October 1993 by Sauk
Village, or (N) if the ordinance was adopted on December 29,
1986 by the City of Galva, or (O) if the ordinance was
adopted in March 1991 by the City of Centreville, or (P) (L)
if the ordinance was adopted on January 23, 1991 by the City
of East St. Louis and, for redevelopment project areas for
which bonds were issued before July 29, 1991, in connection
with a redevelopment project in the area within the State
Sales Tax Boundary and which were extended by municipal
ordinance under subsection (n) of Section 11-74.4-3, the last
maturity of the refunding obligations shall not be expressed
to mature later than the date on which the redevelopment
project area is terminated or December 31, 2013, whichever
date occurs first.
In the event a municipality issues obligations under home
rule powers or other legislative authority the proceeds of
which are pledged to pay for redevelopment project costs, the
municipality may, if it has followed the procedures in
conformance with this division, retire said obligations from
funds in the special tax allocation fund in amounts and in
such manner as if such obligations had been issued pursuant
to the provisions of this division.
All obligations heretofore or hereafter issued pursuant
to this Act shall not be regarded as indebtedness of the
municipality issuing such obligations or any other taxing
district for the purpose of any limitation imposed by law.
(Source: P.A. 91-261, eff. 7-23-99; 91-477, eff. 8-11-99;
91-478, eff. 11-1-99; 91-642, eff. 8-20-99; 91-763, eff.
6-9-00; 92-263, eff. 8-7-01; 92-406, eff. 1-1-02; revised
10-10-01.)
(65 ILCS 5/11-95-7) (from Ch. 24, par. 11-95-7)
Sec. 11-95-7. Whenever a petition signed by at least 10%
of the electors of a municipality with a population of less
than 500,000 is filed with the municipal clerk the municipal
clerk shall certify the question of the establishment,
maintenance, and conduct of a recreation system for
submission to the electors at an election in accordance with
the general election law. to the electors. The petition
shall request the corporate authorities of the municipality
to establish, maintain, and conduct a supervised recreation
system and to levy an annual tax for the establishment,
conduct, and maintenance thereof. The petition shall
designate the minimum tax to be levied except that in no case
shall the tax be more than 0.09% .09% of the value, as
equalized or assessed by the Department of Revenue, of all
taxable property within the corporate limits of the
municipality.
The corporate authorities may accumulate funds from the
proceeds of such tax for the purpose of building, repairs and
improvements for recreation purposes in excess of current
requirements for such purposes but subject to the limitation
set herein.
(Source: P.A. 81-1489; 81-1509; revised 12-13-01.)
Section 35. The Metropolitan Water Reclamation District
Act is amended by setting forth and renumbering multiple
versions of Sections 283 and 285 as follows:
(70 ILCS 2605/283)
Sec. 283. District enlarged. Upon the effective date of
this amendatory Act of the 91st General Assembly, the
corporate limits of the Metropolitan Water Reclamation
District Act are extended to include within those limits the
following described tract of land, and that tract is annexed
to the District.
THAT PART OF SECTIONS 21, 28 AND 33, TOWNSHIP 42 NORTH,
RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE
NORTHEAST QUARTER OF SAID SECTION 28; THENCE SOUTH 00
DEGREES 19 MINUTES 35 SECONDS EAST ALONG THE EAST LINE OF
THE SOUTHEAST QUARTER OF SAID SECTION 28, A DISTANCE OF
2624.22 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 28;
THENCE SOUTH 00 DEGREES 04 MINUTES 45 SECONDS EAST ALONG
THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION
33, A DISTANCE OF 643.38 FEET; THENCE SOUTH 89 DEGREES 40
MINUTES 35 SECONDS WEST, A DISTANCE OF 1079.11 FEET TO A
POINT ON A LINE 1079.10 FEET WEST OF AND PARALLEL WITH
THE EAST LINE OF SAID SECTION 33; THENCE SOUTH 00 DEGREES
04 MINUTES 45 SECONDS EAST ALONG SAID PARALLEL LINE, A
DISTANCE OF 281.47 FEET; THENCE NORTH 89 DEGREES 40
MINUTES 35 SECONDS EAST, A DISTANCE OF 1079.11 FEET TO A
POINT ON THE EAST LINE OF SAID SECTION 33; THENCE SOUTH
00 DEGREES 04 MINUTES 45 SECONDS EAST ALONG SAID EAST
LINE, A DISTANCE OF 1707.93 FEET TO THE SOUTHEAST CORNER
OF THE NORTHEAST QUARTER OF SAID SECTION 33; THENCE NORTH
89 DEGREES 58 MINUTES 22 SECONDS WEST ALONG THE SOUTH
LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1079.10
FEET TO A POINT ON A LINE 1079.10 FEET WEST OF AND
PARALLEL WITH THE EAST LINE OF SAID SECTION 33; THENCE
NORTH 00 DEGREES 04 MINUTES 45 SECONDS WEST ALONG SAID
PARALLEL LINE, A DISTANCE OF 1313.07 FEET TO A POINT ON
THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER
OF SAID SECTION 33; THENCE SOUTH 89 DEGREES 51 MINUTES 05
SECONDS WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF
SAID NORTHEAST QUARTER, A DISTANCE OF 1334.88 FEET;
THENCE NORTH 22 DEGREES 20 MINUTES 04 SECONDS EAST A
DISTANCE OF 241.05 FEET TO A POINT ON A NON-TANGENT
CURVE; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 165.00 FEET AND A
CHORD BEARING OF NORTH 42 DEGREES 58 MINUTES 45 SECONDS
WEST, AN ARC LENGTH OF 91.17 FEET TO A POINT ON A
NON-TANGENT LINE; THENCE SOUTH 62 DEGREES 51 MINUTES 00
SECONDS WEST, A DISTANCE OF 135.00 FEET; THENCE NORTH 50
DEGREES 00 MINUTES 12 SECONDS WEST, A DISTANCE OF 114.07
FEET TO A POINT ON THE EAST LINE OF ILLINOIS ROUTE 59;
THENCE NORTH 00 DEGREES 11 MINUTES 17 SECONDS WEST ALONG
SAID EAST LINE, A DISTANCE OF 523.87 FEET; THENCE SOUTH
84 DEGREES 58 MINUTES 24 SECONDS EAST, A DISTANCE OF
228.14 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE
NORTHERLY ALONG A CURVE CONCAVE WESTERLY AND HAVING A
RADIUS OF 1501.93 FEET AND A CHORD BEARING OF NORTH 01
DEGREES 29 MINUTES 47 SECONDS WEST, AN ARC LENGTH OF
341.98 FEET; THENCE SOUTH 81 DEGREES 58 MINUTES 50
SECONDS WEST, A DISTANCE OF 221.47 FEET TO A POINT ON
SAID EASTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 59;
THENCE NORTHERLY ALONG THE EAST LINE OF SAID ILLINOIS
ROUTE 59 FOR THE FOLLOWING EIGHT COURSES; (1) THENCE
NORTH 00 DEGREES 11 MINUTES 17 SECONDS WEST, A DISTANCE
OF 193.36 FEET TO A POINT ON THE SOUTH LINE OF SAID
SECTION 28; (2) THENCE NORTH 00 DEGREES 11 MINUTES 05
SECONDS WEST, A DISTANCE OF 2637.83 FEET TO A POINT ON
THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 28; (3)
THENCE NORTH 00 DEGREES 12 MINUTES 10 SECONDS WEST, A
DISTANCE OF 485.70 FEET TO A POINT ON A CURVE; (4) THENCE
NORTHERLY ALONG A NON-TANGENT CURVE CONCAVE EASTERLY
HAVING A RADIUS OF 4724.70 FEET AND A CHORD BEARING OF
NORTH 06 DEGREES 32 MINUTES 11 SECONDS EAST WITH AN ARC
LENGTH OF 1111.22; (5) THENCE NORTH 13 DEGREES 16 MINUTES
19 SECONDS EAST, A DISTANCE OF 303.90 FEET TO A POINT ON
A CURVE; (6) THENCE NORTHERLY ALONG A NON-TANGENT CURVE
CONCAVE WESTERLY HAVING A RADIUS OF 1482.40 FEET AND A
CHORD BEARING OF NORTH 06 DEGREES 58 MINUTES 21 SECONDS
WEST WITH AN ARC LENGTH OF 1047.56 FEET; (7) THENCE
NORTHERLY ALONG A NON-TANGENT CURVE CONCAVE EASTERLY
HAVING A RADIUS OF 2242.01 FEET AND A CHORD BEARING OF
NORTH 20 DEGREES 03 MINUTES 26 SECONDS EAST WITH AN ARC
LENGTH OF 384.99 FEET; (8) THENCE NORTH 24 DEGREES 58
MINUTES 30 SECONDS EAST, A DISTANCE OF 2212.09 FEET TO A
POINT ON THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION
21; THENCE SOUTH 89 DEGREES 51 MINUTES 08 SECONDS EAST
ALONG SAID NORTH LINE, A DISTANCE OF 533.41 FEET; THENCE
NORTH 00 DEGREES 21 MINUTES 39 SECONDS WEST, A DISTANCE
OF 1131.30 FEET TO A POINT ON THE EAST LINE OF SAID
ILLINOIS ROUTE 59; THENCE NORTHERLY ALONG SAID EAST LINE
FOR THE FOLLOWING 3 COURSES; (1) THENCE NORTH 24 DEGREES
58 MINUTES 30 SECONDS EAST, A DISTANCE OF 1195.93 FEET;
(2) THENCE NORTH 27 DEGREES 49 MINUTES 55 SECONDS EAST, A
DISTANCE OF 200.22 FEET; (3) THENCE NORTH 24 DEGREES 58
MINUTES 12 SECONDS EAST, A DISTANCE OF 257.37 FEET TO A
POINT ON THE NORTH LINE OF SAID SECTION 21; THENCE NORTH
89 DEGREES 57 MINUTES 47 SECONDS EAST ALONG SAID NORTH
LINE, A DISTANCE OF 134.37 FEET; THENCE SOUTH 36 DEGREES
57 MINUTES 24 SECONDS WEST, A DISTANCE OF 285.13 FEET;
THENCE SOUTH 00 DEGREES 14 MINUTES 47 SECONDS EAST, A
DISTANCE OF 600.00 FEET; THENCE SOUTH 82 DEGREES 06
MINUTES 19 SECONDS EAST, A DISTANCE OF 221.79 FEET TO A
POINT ON A CURVE BEING THE WEST LINE OF BARTLETT ROAD;
THENCE ALONG THE WEST LINE OF SAID BARTLETT ROAD FOR THE
FOLLOWING SEVEN COURSES; (1) THENCE SOUTHERLY ALONG A
NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF
5779.65 FEET AND A CHORD BEARING OF SOUTH 06 DEGREES 40
MINUTES 43 SECONDS WEST WITH AN ARC LENGTH OF 182.71
FEET; (2) THENCE SOUTH 89 DEGREES 50 MINUTES 29 SECONDS
WEST, A DISTANCE OF 13.94 FEET; (3) THENCE SOUTH 00
DEGREES 09 MINUTES 31 SECONDS EAST, A DISTANCE OF 154.30
FEET TO A POINT ON A CURVE; (4) THENCE SOUTHERLY ALONG A
NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF
5779.65 FEET AND A CHORD BEARING OF SOUTH 02 DEGREES 02
MINUTES 21 SECONDS WEST WITH AN ARC LENGTH 443.40 FEET;
(5) THENCE NORTH 89 DEGREES 50 MINUTES 29 SECONDS EAST, A
DISTANCE OF 17.00 FEET; (6) THENCE SOUTH 00 DEGREES 09
MINUTES 31 SECONDS EAST, A DISTANCE OF 991.17 FEET; (7)
THENCE SOUTH 00 DEGREES 11 MINUTES 19 SECONDS EAST, A
DISTANCE OF 389.83 FEET; THENCE NORTH 89 DEGREES 48
MINUTES 41 SECONDS EAST, A DISTANCE OF 33.00 FEET TO A
POINT ON THE EAST LINE OF SAID SECTION 21; THENCE SOUTH
00 DEGREES 11 MINUTES 19 SECONDS EAST ALONG SAID EAST
LINE, A DISTANCE OF 2245.24 FEET TO THE NORTHEAST CORNER
OF SAID SECTION 28; THENCE NORTH 89 DEGREES 50 MINUTES 29
SECONDS WEST ALONG THE NORTH LINE OF SAID SECTION 28, A
DISTANCE OF 123.76 FEET TO A POINT ON A LINE 123.76 FEET
WEST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 28; THENCE SOUTH 00 DEGREES 27
MINUTES 50 SECONDS EAST ALONG SAID PARALLEL LINE; A
DISTANCE OF 173.25 FEET TO A POINT ON A LINE 173.24 FEET
SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION
28; THENCE SOUTH 89 DEGREES 50 MINUTES 29 SECONDS EAST
ALONG SAID PARALLEL LINE, A DISTANCE OF 123.76 FEET TO A
POINT ON THE EAST LINE OF SAID SECTION 28; THENCE SOUTH
00 DEGREES 27 MINUTES 50 SECONDS EAST ALONG SAID EAST
LINE, A DISTANCE OF 2454.80 FEET TO THE POINT OF
BEGINNING, IN COOK COUNTY, ILLINOIS.
(Source: P.A. 91-945, eff. 2-9-01.)
(70 ILCS 2605/285)
Sec. 285. District enlarged. Upon the effective date of
this amendatory Act of the 91st General Assembly, the
corporate limits of the Metropolitan Water Reclamation
District Act are extended to include within those limits the
following described tracts of land, and those tracts are
annexed to the District.
PARCEL 2:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 30 LYING SOUTH
OF THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS STATE
ROUTE 72, COMMONLY KNOWN AS NEW HIGGINS ROAD, (EXCEPT THE
WEST 190 FEET THEREOF) ALL IN TOWNSHIP 42 NORTH, RANGE 9,
EAST OF THE THIRD PRINCIPAL MERIDIAN,
ALSO THE NORTHWEST 1/4 OF SECTION 31 (EXCEPT THE WEST 190
FEET THEREOF AND EXCEPT THE SOUTH 1501.64 FEET AS
MEASURED ALONG THE EAST AND WEST LINES THEREOF), ALL IN
TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL
MERIDIAN,
ALSO COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST
1/4 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 9, EAST OF
THE THIRD PRINCIPAL MERIDIAN, FOR A PLACE OF BEGINNING;
THENCE SOUTH 0 DEGREES 12 MINUTES WEST 2640.0 FEET TO A
FENCE CORNER AND THE CENTER OF SAID SECTION 31; THENCE
SOUTH 89 DEGREES 54 MINUTES EAST 2640.70 FEET TO THE
SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 31;
THENCE NORTHERLY ALONG A FENCE LINE 1306.73 FEET TO A
FENCE CORNER; THENCE NORTH 89 DEGREES 20 MINUTES WEST
ALONG A FENCE LINE 1318.55 FEET TO THE CENTER LINE OF A
PUBLIC ROAD KNOWN AS BEVERLY LAKE ROAD; THENCE NORTH 0
DEGREES 14 MINUTES WEST ALONG THE CENTER OF SAID ROAD
958.02 FEET; THENCE NORTH 89 DEGREES 10 MINUTES WEST
ALONG A CYCLONE FENCE 218.60 FEET TO A FENCE CORNER;
THENCE NORTHERLY ALONG A CYCLONE FENCE 195.0 FEET TO A
RIGHT OF WAY MONUMENT; THENCE NORTH 80 DEGREES 40 MINUTES
WEST ALONG THE SOUTH RIGHT OF WAY OF ROUTE 72, 238.0 FEET
TO A RIGHT OF WAY MONUMENT; THENCE NORTH 78 DEGREES 35
MINUTES WEST ALONG THE SOUTH RIGHT OF ACCESS LINE OF SAID
ROUTE 72, 507.0 FEET TO A RIGHT OF WAY MONUMENT; THENCE
NORTH 76 DEGREES 12 MINUTES WEST ALONG THE SOUTH RIGHT OF
WAY OF ROUTE 72, 336.50 FEET TO A CONCRETE RIGHT OF WAY
MONUMENT ON THE WEST LINE OF THE SOUTHEAST 1/4 OF SECTION
30; THENCE SOUTH 0 DEGREES 12 MINUTES WEST 49.31 FEET TO
THE PLACE OF BEGINNING,
(EXCEPT THAT PART LYING EAST OF THE CENTER LINE OF
BEVERLY ROAD;
AND EXCEPT THAT PART FALLING WITHIN THE FOLLOWING
DESCRIBED TRACT OF LAND:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF
BEVERLY ROAD AND THE RIGHT OF WAY LINE OF HIGGINS ROAD IN
SECTION 31, TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD
PRINCIPAL MERIDIAN; THENCE SOUTHERLY ALONG THE CENTER
LINE OF BEVERLY ROAD 165 FEET; THENCE WESTERLY 243.59
FEET; THENCE NORTHERLY 195.81 FEET TO THE SOUTH RIGHT OF
WAY LINE OF HIGGINS ROAD; THENCE SOUTHEASTERLY ALONG THE
SOUTH RIGHT OF WAY LINE OF HIGGINS ROAD TO THE PLACE OF
BEGINNING;
AND EXCEPT THAT PART DEDICATED FOR BEVERLY ROAD BY PLAT
OF DEDICATION RECORDED SEPTEMBER 16, 1988 AS DOCUMENT
88424906),
ALSO THE SOUTH 1501.64 FEET AS MEASURED ALONG THE EAST
AND WEST LINES OF THE NORTHWEST 1/4 OF SECTION 31 (EXCEPT
THE WEST 190 FEET THEREOF), ALL IN TOWNSHIP 42 NORTH,
RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ALSO THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE NORTH
10 RODS OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4; THE
NORTH 1/2 OF THE SOUTHWEST 1/4 AND THE NORTH 10 RODS OF
THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 ALL IN SECTION 31,
TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL
MERIDIAN, (EXCEPT THEREFROM THE WEST 190 FEET OF THE
NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 31 AND
EXCEPT THE SOUTH 75.00 FEET OF THE WEST 211.00 FEET OF
THE EAST 370.75 FEET OF THE NORTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 9,
EAST OF THE THIRD PRINCIPAL MERIDIAN, AND EXCEPT THE
NORTH 10 RODS (165.00 FEET) OF THE WEST 211.00 FEET OF
THE EAST 370.75 FEET OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 9,
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
ALSO THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION
31, TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD
PRINCIPAL MERIDIAN (EXCEPT THE WEST 190 FEET THEREOF AND
EXCEPT THAT PART OF THE SOUTHWEST 1/4 OF SECTION 31,
TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS BEGINNING AT A POINT ON THE SOUTH
LINE OF SAID SECTION WHICH IS 190.0 FEET EAST OF THE
SOUTHWEST CORNER OF SAID SECTION; THENCE NORTH ALONG A
STRAIGHT LINE 190.0 FEET EAST OF AND PARALLEL WITH THE
WEST LINE OF SAID SECTION FOR A DISTANCE OF 150.0 FEET;
THENCE SOUTHEASTERLY TO A POINT ON THE SOUTH LINE OF SAID
SECTION WHICH IS 250.0 FEET EAST OF THE POINT OF
BEGINNING; THENCE WEST ALONG THE SOUTH LINE OF SAID
SECTION 250.0 FEET TO THE POINT OF BEGINNING), IN COOK
COUNTY, ILLINOIS.
ALSO THAT PART OF THE SOUTHWEST 1/4 OF SECTION 31,
TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS BEGINNING AT A POINT ON THE SOUTH
LINE OF SAID SECTION WHICH IS 190.0 FEET EAST OF THE
SOUTHWEST CORNER OF SAID SECTION; THENCE NORTH ALONG A
STRAIGHT LINE 190.0 FEET EAST OF AND PARALLEL WITH THE
WEST LINE OF SAID SECTION FOR A DISTANCE OF 150.0 FEET;
THENCE SOUTHEASTERLY TO A POINT ON THE SOUTH LINE OF SAID
SECTION WHICH IS 250.0 FEET EAST OF THE POINT OF
BEGINNING; THENCE WEST ALONG THE SOUTH LINE OF SAID
SECTION 250.0 FEET TO THE POINT OF BEGINNING, IN COOK
COUNTY, ILLINOIS.
ALSO THAT PART OF SECTION 5, TOWNSHIP 41 NORTH, RANGE 9,
EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTHERLY OF
THE NORTHERLY LINE OF PREMISES CONVEYED TO THE ILLINOIS
STATE TOLL HIGHWAY COMMISSION BY WARRANTY DEED DATED JUNE
11, 1956 AND RECORDED JUNE 12, 1956 AS DOCUMENT NUMBER
16607889 AND LYING EASTERLY OF THE PREMISES CONVEYED TO
COMMONWEALTH EDISON COMPANY BY WARRANTY DEED DATED
JANUARY 2, 1963 AND RECORDED JANUARY 7, 1963 AS DOCUMENT
NUMBER 18690041, AND LYING WESTERLY OF THE EAST LINE OF
THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 31,
TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL
MERIDIAN, EXTENDED SOUTHERLY TO THE AFORESAID NORTHERLY
LINE OF ILLINOIS STATE TOLL HIGHWAY,
ALSO THAT PART OF THE NORTHEAST 1/4 OF SECTION 31,
TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF
BEVERLY ROAD AND THE SOUTH RIGHT OF WAY LINE OF HIGGINS
ROAD; THENCE SOUTHERLY ALONG THE CENTER LINE OF BEVERLY
ROAD 165 FEET; THENCE WESTERLY 243.59 FEET; THENCE
NORTHERLY 195.81 FEET TO THE SOUTH RIGHT OF WAY LINE OF
HIGGINS ROAD; THENCE SOUTHERLY ALONG THE SOUTH RIGHT OF
WAY LINE OF HIGGINS ROAD TO THE PLACE OF BEGINNING, ALL
IN COOK COUNTY, ILLINOIS.
PARCEL 3:
THE SOUTH 70 RODS (1155.00 FEET) OF THE SOUTHEAST 1/4 OF
THE SOUTHWEST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE
9 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ALSO THE SOUTH 70 RODS (1155.00 FEET) OF THE SOUTHWEST
1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 42
NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN
(EXCEPTING THAT PART THEREOF LYING EAST AND SOUTH OF THE
WEST AND NORTH LINES OF THE LAND CONVEYED TO THE ILLINOIS
STATE TOLL HIGHWAY AUTHORITY BY DEED RECORDED JULY 29,
1994 AS DOCUMENT NO. 94-667,873, SAID WEST AND NORTH
LINES DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF
SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER FOR A
POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 47 MINUTES 33
SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 31 A
DISTANCE OF 32.56 FEET; THENCE NORTH 06 DEGREES 06
MINUTES 43 SECONDS WEST 297.65 FEET; THENCE NORTH 00
DEGREES 52 MINUTES 23 SECONDS EAST 400.65 FEET; THENCE
SOUTH 89 DEGREES 54 MINUTES 16 SECONDS EAST 58.81 FEET TO
THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER),
ALSO ALL THAT PART OF FRACTIONAL SECTION 5, TOWNSHIP 41
NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN,
LYING (i) NORTHERLY OF THE NORTHERLY LINE OF THE PREMISES
CONVEYED TO THE ILLINOIS STATE TOLL HIGHWAY COMMISSION BY
DEED RECORDED JUNE 12, 1956 AS DOCUMENT NO. 16607889;
(ii) EASTERLY OF THE EAST LINE OF THE SOUTHWEST 1/4 OF
THE SOUTHWEST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE
9 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXTENDED
SOUTHERLY TO THE AFORESAID NORTHERLY LINE OF THE ILLINOIS
STATE TOLL HIGHWAY; AND (iii) WESTERLY OF THE EAST 279.0
FEET OF SAID SECTION 5, EXCEPTING THEREFROM THE FOLLOWING
DESCRIBED TRACT CONVEYED TO THE ILLINOIS STATE TOLL
HIGHWAY AUTHORITY BY DEED RECORDED JULY 29, 1994 AS
DOCUMENT NO. 94-667,873:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 5;
THENCE SOUTH 89 DEGREES 58 MINUTES 08 SECONDS WEST ALONG
THE NORTH LINE OF SAID SECTION 5 A DISTANCE OF 279.00
FEET TO THE WEST LINE OF THE EAST 279.00 FEET OF SAID
SECTION 5 FOR A POINT OF BEGINNING; THENCE CONTINUING
SOUTH 89 DEGREES 58 MINUTES 08 SECONDS WEST ALONG SAID
NORTH LINE 13.53 FEET; THENCE SOUTH 06 DEGREES 06 MINUTES
43 SECONDS EAST 61.86 FEET TO THE NORTH RIGHT OF WAY LINE
OF THE NORTHERN ILLINOIS TOLL HIGHWAY AS CONVEYED BY DEED
DOCUMENT NO. 16607889 RECORDED JUNE 12, 1956; THENCE
NORTH 89 DEGREES 51 MINUTES 14 SECONDS EAST ALONG SAID
NORTH RIGHT OF WAY LINE 6.71 FEET TO SAID WEST LINE OF
THE EAST 279.00 FEET; THENCE NORTH 00 DEGREES 13 MINUTES
12 SECONDS EAST ALONG SAID WEST LINE 61.50 FEET TO THE
POINT OF BEGINNING;
SAID PREMISES ALSO BEING CAPABLE OF BEING LEGALLY
DESCRIBED AS FOLLOWS:
THAT PART OF FRACTIONAL SECTION 5, TOWNSHIP 41 NORTH,
RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING (i)
NORTHERLY OF THE PREMISES CONVEYED TO THE ILLINOIS STATE
TOLL HIGHWAY COMMISSION BY DEED RECORDED JUNE 12, 1956 AS
DOCUMENT NO. 16607889; (ii) EAST OF THE WEST LINE OF THE
SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 31,
TOWNSHIP 42 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL
MERIDIAN, EXTENDED STRAIGHT SOUTH; AND (iii) WESTERLY OF
THE FOLLOWING DESCRIBED LINE; BEGINNING AT A POINT ON THE
NORTH LINE OF SAID FRACTIONAL SECTION 5, 13.53 FEET WEST
OF THE WEST LINE OF THE EAST 279.00 FEET OF SAID
FRACTIONAL SECTION 5; AND THENCE SOUTHEASTERLY ALONG A
STRAIGHT LINE 61.86 FEET, MORE OR LESS, TO A POINT ON THE
NORTHERLY LINE OF SAID PREMISES CONVEYED BY DOCUMENT NO.
16607889, 6.71 FEET WESTERLY OF SAID WEST LINE OF THE
EAST 279.00 FEET OF FRACTIONAL SECTION 5, ALL IN COOK
COUNTY, ILLINOIS.
PARCEL 4:
THAT PART OF THE FOLLOWING DESCRIBED TRACT:
THAT PART OF FRACTIONAL SECTIONS 5 AND 6, TOWNSHIP 41
NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER
OF SAID FRACTIONAL SECTION 5; THENCE EAST ALONG THE NORTH
LINE OF SAID FRACTIONAL SECTION 5, 1128.36 FEET, MORE OR
LESS, TO THE WESTERLY RIGHT-OF-WAY LINE OF PUBLIC SERVICE
COMPANY (NOW COMMONWEALTH EDISON COMPANY) BY DEED
DOCUMENT NO. 9693090 RECORDED JUNE 21, 1927; THENCE
SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF PUBLIC
SERVICE COMPANY 3725.69 FEET, MORE OR LESS, TO THE CENTER
LINE OF SHOE FACTORY ROAD BY DOCUMENT NO. 9202301
RECORDED MARCH 10, 1926; THENCE WESTERLY ALONG SAID
CENTER LINE OF SHOE FACTORY ROAD 1079.49 FEET, MORE OR
LESS, TO A POINT ON THE CENTER LINE OF SHOE FACTORY ROAD
BY DOCUMENT NO. 13018010 RECORDED JANUARY 15, 1943, 75.40
FEET EASTERLY OF THE POINT OF INTERSECTION OF THE EAST
LINE OF SECTION 7 IN THE AFORESAID TOWNSHIP AND RANGE AND
SAID CENTER LINE OF SHOE FACTORY ROAD AS MEASURED ALONG
SAID CENTER LINE OF SHOE FACTORY ROAD; THENCE NORTHERLY
ALONG A STRAIGHT LINE 3828.58 FEET, MORE OR LESS, TO A
POINT ON THE NORTH LINE OF SAID FRACTIONAL SECTION 6,
33.00 FEET WEST OF THE AFORESAID NORTHWEST CORNER OF
FRACTIONAL SECTION 5; AND THENCE EAST ALONG SAID NORTH
LINE OF FRACTIONAL SECTION 6, 33.00 FEET TO THE CORNER OF
BEGINNING, EXCEPT THAT PART THEREOF LYING SOUTHERLY OF
THE NORTHERLY RIGHT-OF-WAY LINE OF THE ILLINOIS STATE
TOLL HIGHWAY AS CONVEYED TO OR TAKEN BY THE ILLINOIS
STATE TOLL HIGHWAY COMMISSION, AS SAID NORTHERLY
RIGHT-OF-WAY LINE IS OCCUPIED AND MONUMENTED; THAT LIES
EAST OF A LINE DRAWN AT AN ANGLE OF SOUTH 1 DEGREE 30
MINUTES EAST FROM THE NORTHWEST CORNER OF FRACTIONAL
SECTION 5.
PARCEL 5:
THAT PART OF THE FOLLOWING DESCRIBED TRACT:
THAT PART OF FRACTIONAL SECTIONS 5 AND 6, TOWNSHIP 41
NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER
OF SAID FRACTIONAL SECTION 5; THENCE EAST ALONG THE NORTH
LINE OF SAID FRACTIONAL SECTION 5, 1128.36 FEET, MORE OR
LESS, TO THE WESTERLY RIGHT-OF-WAY LINE OF PUBLIC SERVICE
COMPANY (NOW COMMONWEALTH EDISON COMPANY) BY DEED
DOCUMENT NO. 9693090 RECORDED JUNE 21, 1927; THENCE
SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF PUBLIC
SERVICE COMPANY 3725.69 FEET, MORE OR LESS, TO THE CENTER
LINE OF SHOE FACTORY ROAD BY DOCUMENT NO. 9202301
RECORDED MARCH 10, 1926; THENCE WESTERLY ALONG SAID
CENTER LINE OF SHOE FACTORY ROAD 1079.49 FEET, MORE OR
LESS, TO A POINT ON THE CENTER LINE OF SHOE FACTORY ROAD
BY DOCUMENT NO. 13018010 RECORDED JANUARY 15, 1943, 75.40
FEET EASTERLY OF THE POINT OF INTERSECTION OF THE EAST
LINE OF SECTION 7 IN THE AFORESAID TOWNSHIP AND RANGE AND
SAID CENTER LINE OF SHOE FACTORY ROAD AS MEASURED ALONG
SAID CENTER LINE OF SHOE FACTORY ROAD; THENCE NORTHERLY
ALONG A STRAIGHT LINE 3828.58 FEET, MORE OR LESS, TO A
POINT ON THE NORTH LINE OF SAID FRACTIONAL SECTION 6,
33.00 FEET WEST OF THE AFORESAID NORTHWEST CORNER OF
FRACTIONAL SECTION 5; AND THENCE EAST ALONG SAID NORTH
LINE OF FRACTIONAL SECTION 6, 33.00 FEET TO THE CORNER OF
BEGINNING, EXCEPT THAT PART THEREOF LYING SOUTHERLY OF
THE NORTHERLY RIGHT-OF-WAY LINE OF THE ILLINOIS STATE
TOLL HIGHWAY AS CONVEYED TO OR TAKEN BY THE ILLINOIS
STATE TOLL HIGHWAY COMMISSION, AS SAID NORTHERLY
RIGHT-OF-WAY LINE IS OCCUPIED AND MONUMENTED;
WHICH LIES WEST OF A LINE DRAWN AT AN ANGLE OF SOUTH 1°
30' EAST FROM THE NORTHWEST CORNER OF FRACTIONAL SECTION
5,
ALSO THAT PART OF FRACTIONAL SECTION 6, TOWNSHIP 41
NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF
INTERSECTION OF THE EAST LINE OF SECTION 7 IN THE
AFORESAID TOWNSHIP AND RANGE AND THE CENTER LINE OF SHOE
FACTORY ROAD BY DOCUMENT NO. 13018010 RECORDED JANUARY
15, 1943; THENCE WESTERLY ALONG SAID CENTER LINE OF SHOE
FACTORY ROAD 208.65 FEET, MORE OR LESS, TO A POINT ON THE
EASTERLY LINE OF THE L. CURCE FARM BY DOCUMENT NO.
16785517 RECORDED DECEMBER 20, 1956 EXTENDED SOUTHERLY TO
SAID CENTER LINE OF SHOE FACTORY ROAD; THENCE NORTHERLY
ALONG SAID EASTERLY LINE OF THE L. CURCE FARM EXTENDED
SOUTHERLY AND SAID EASTERLY LINE OF THE L. CURCE FARM
3827.48 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE
OF SAID FRACTIONAL SECTION 6, 238.48 FEET WEST OF THE
NORTHWEST CORNER OF FRACTIONAL SECTION 5 IN THE AFORESAID
TOWNSHIP AND RANGE; THENCE EAST ALONG SAID NORTH LINE OF
SECTION 6, 205.48 FEET, MORE OR LESS, TO A POINT 33.00
FEET WEST OF SAID NORTHWEST CORNER OF FRACTIONAL SECTION
5; THENCE SOUTHERLY ALONG A STRAIGHT LINE 3828.58 FEET,
MORE OR LESS, TO A POINT ON SAID CENTER LINE OF SHOE
FACTORY ROAD 75.40 FEET EASTERLY OF THE POINT OF
BEGINNING AS MEASURED ALONG SAID CENTER LINE OF SHOE
FACTORY ROAD; AND THENCE WESTERLY ALONG SAID CENTER LINE
OF SHOE FACTORY ROAD 75.40 FEET TO THE POINT OF
BEGINNING, EXCEPT THAT PART THEREOF LYING SOUTHERLY OF
THE NORTHERLY RIGHT-OF-WAY LINE OF THE ILLINOIS STATE
TOLL HIGHWAY AS CONVEYED TO OR TAKEN BY THE ILLINOIS
STATE TOLL HIGHWAY COMMISSION, AS SAID NORTHERLY
RIGHT-OF-WAY LINE IS OCCUPIED AND MONUMENTED, ALL IN COOK
COUNTY, ILLINOIS.
(Source: P.A. 91-945, eff. 2-9-01.)
(70 ILCS 2605/286)
Sec. 286. 283. District enlarged. Upon the effective
date of this amendatory Act of the 91st General Assembly, the
corporate limits of the Metropolitan Water Reclamation
District are extended to include within those limits the
following described tracts of land that are annexed to the
District:
Parcel 1:
The Northwest 1/4 of the Northeast 1/4 of Section 15,
Township 35 North, Range 14, East of the Third Principal
Meridian (except the South 66 feet thereof conveyed to
Chicago District Pipeline Company, a corporation by deed
recorded as document 14832873 and except the North 49.50
feet of the South 115.5 of the East 660.0 feet thereof,
conveyed to Chicago District Pipeline Company, a
corporation, by deed recorded on September 3, 1958 as
document 17306418).
Parcel 2:
The South 66 feet of the Northwest 1/4 of the Northeast
1/4 of Section 15, Township 35 North, Range 14 East of
the Third Principal Meridian in Cook County, Illinois.
Parcel 3:
The South 66 feet of the Northeast 1/4 of the Northeast
1/4 of Section 15, Township 35 North, Range 14 East of
the Third Principal Meridian, in Cook County, Illinois.
Parcel 4:
That part of the Northeast quarter of the Northeast
quarter of Section 15, Township 35 North, Range 14 East
of the Third Principal Meridian, Cook County, Illinois,
described as follows: commencing at the Northeast corner
of said Northeast quarter; thence South 89 degrees 11
minutes 17 seconds West along the North line of said
Northeast quarter a distance of 604.04 feet to the point
of beginning; thence South 00 degrees 58 minutes 21
seconds East a distance of 1209.86 feet to an iron rod on
the North line of the South 115.50 feet of the Northeast
quarter of the Northeast quarter of said Section 15;
thence South 89 degrees 13 minutes 25 seconds West along
last said North line a distance of 720.22 feet to an iron
rod on the West line of the Northeast quarter of the
Northeast quarter of said Section 15; thence North 00
degrees 58 minutes 21 seconds West along last said West
line a distance of 1209.41 feet to an iron rod being the
Northwest corner of the Northeast quarter of the
Northeast quarter of said Section 15; thence North 89
degrees 11 minutes 17 seconds East along the North line
of said Northeast quarter a distance of 720.22 feet to
the point of beginning, containing 20.00 acres.
(Source: P.A. 91-942, eff. 2-9-01; revised 3-19-01.)
(70 ILCS 2605/287)
Sec. 287. 285. District enlarged. Upon the effective
date of this amendatory Act of the 92nd General Assembly, the
corporate limits of the Metropolitan Water Reclamation
District are extended to include within those limits the
following described tract of land, and that tract is annexed
to the District.
THAT PART OF THE NORTH HALF OF SECTION 8, TOWNSHIP 41
NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 8,
THENCE SOUTH 00 DEGREES 29 MINUTES 11 SECONDS WEST
(ILLINOIS STATE PLACE GRID - EAST ZONE), ALONG THE WEST
LINE OF SAID SECTION 8, AS MONUMENTED, A DISTANCE OF
1138.22 FEET TO THE CENTERLINE OF SHOE FACTORY ROAD PER
DOCUMENT NUMBER 12259969; THENCE THE FOLLOWING ONE COURSE
AND DISTANCE ALONG SAID CENTERLINE, SOUTH 89 DEGREES 56
MINUTES 54 SECONDS EAST A DISTANCE OF 75.47 FEET TO THE
SOUTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO COOK
COUNTY ILLINOIS BY DOCUMENT NUMBER 14665399, THENCE NORTH
01 DEGREE 16 MINUTES 56 SECONDS WEST, ALONG THE EAST LINE
OF SAID PARCEL, A DISTANCE OF 50.01 FEET TO THE NORTHEAST
CORNER OF SAID PARCEL; THENCE SOUTH 89 DEGREES 56 MINUTES
54 SECONDS EAST A DISTANCE OF 95.80 FEET TO A POINT OF
CURVATURE; THENCE EASTERLY ALONG THE ARC OF A TANGENTIAL
CURVE, CONCAVE TO THE NORTH AND HAVING A RADIUS OF
4000.00 FEET, A DISTANCE OF 697.96 FEET TO A POINT OF
TANGENCY; THENCE NORTH 80 DEGREES 03 MINUTES 14 SECONDS
EAST A DISTANCE OF 286.47 FEET TO THE WEST LINE OF THE
190.00 FOOT-WIDE COMED PARCEL, AS MONUMENTED AND
OCCUPIED, PER DOCUMENT NUMBERS 9693094, 9693090 AND
18690041, POINT ALSO BEING THE NORTHWEST CORNER OF A
PARCEL OF LAND CONVEYED FOR PUBLIC RIGHT-OF-WAY PURPOSES
PER DOCUMENT NUMBER 14176170, ALSO BEING THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 80 DEGREES 03 MINUTES
14 SECONDS EAST, ALONG THE NORTH LINE OF SAID
RIGHT-OF-WAY PARCEL, A DISTANCE OF 152.32 FEET TO THE
NORTHEAST CORNER THEREOF; THENCE SOUTH 00 DEGREES 04
MINUTES 04 SECONDS WEST, ALONG THE EAST LINE OF SAID
PARCEL, A DISTANCE OF 50.77 FEET TO THE NORTHWEST CORNER
OF BERNER ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED
FEBRUARY 7, 1958 AS DOCUMENT NUMBER 17129065; THENCE
NORTH 80 DEGREES 03 MINUTES 14 SECONDS EAST, ALONG THE
NORTH LINE THEREOF, A DISTANCE OF 66.01 FEET; THENCE
SOUTH 00 DEGREES 04 MINUTES 04 SECONDS WEST A DISTANCE OF
50.77 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SHOE
FACTORY AS DEDICATED BY SAID BERNER ESTATES; THENCE SOUTH
80 DEGREES 03 MINUTES 14 SECONDS WEST, ALONG SAID
SOUTHERLY LINE AND THE SOUTH LINE OF THE AFOREMENTIONED
RIGHT-OF-WAY PARCEL PER DOCUMENT 14176170, A DISTANCE OF
218.33 FEET TO THE WEST LINE OF SAID PARCEL PER DOCUMENT
NUMBER 14176170; THENCE NORTH 00 DEGREES 04 MINUTES 04
SECONDS EAST, ALONG SAID WEST LINE, A DISTANCE OF 101.55
FEET TO THE POINT OF BEGINNING, CONTAINING 0.4254 ACRES ,
MORE OR LESS, AND LYING IN COOK COUNTY, ILLINOIS.
(Source: P.A. 92-143, eff. 7-24-01; revised 9-13-01.)
Section 36. The Regional Transportation Authority Act is
amended by changing Section 4.03 as follows:
(70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)
Sec. 4.03. Taxes.
(a) In order to carry out any of the powers or purposes
of the Authority, the Board may by ordinance adopted with the
concurrence of 9 of the then Directors, impose throughout the
metropolitan region any or all of the taxes provided in this
Section. Except as otherwise provided in this Act, taxes
imposed under this Section and civil penalties imposed
incident thereto shall be collected and enforced by the State
Department of Revenue. The Department shall have the power to
administer and enforce the taxes and to determine all rights
for refunds for erroneous payments of the taxes.
(b) The Board may impose a public transportation tax
upon all persons engaged in the metropolitan region in the
business of selling at retail motor fuel for operation of
motor vehicles upon public highways. The tax shall be at a
rate not to exceed 5% of the gross receipts from the sales of
motor fuel in the course of the business. As used in this
Act, the term "motor fuel" shall have the same meaning as in
the Motor Fuel Tax Law Act. The Board may provide for
details of the tax. The provisions of any tax shall conform,
as closely as may be practicable, to the provisions of the
Municipal Retailers Occupation Tax Act, including without
limitation, conformity to penalties with respect to the tax
imposed and as to the powers of the State Department of
Revenue to promulgate and enforce rules and regulations
relating to the administration and enforcement of the
provisions of the tax imposed, except that reference in the
Act to any municipality shall refer to the Authority and the
tax shall be imposed only with regard to receipts from sales
of motor fuel in the metropolitan region, at rates as limited
by this Section.
(c) In connection with the tax imposed under paragraph
(b) of this Section the Board may impose a tax upon the
privilege of using in the metropolitan region motor fuel for
the operation of a motor vehicle upon public highways, the
tax to be at a rate not in excess of the rate of tax imposed
under paragraph (b) of this Section. The Board may provide
for details of the tax.
(d) The Board may impose a motor vehicle parking tax
upon the privilege of parking motor vehicles at off-street
parking facilities in the metropolitan region at which a fee
is charged, and may provide for reasonable classifications in
and exemptions to the tax, for administration and enforcement
thereof and for civil penalties and refunds thereunder and
may provide criminal penalties thereunder, the maximum
penalties not to exceed the maximum criminal penalties
provided in the Retailers' Occupation Tax Act. The Authority
may collect and enforce the tax itself or by contract with
any unit of local government. The State Department of
Revenue shall have no responsibility for the collection and
enforcement unless the Department agrees with the Authority
to undertake the collection and enforcement. As used in this
paragraph, the term "parking facility" means a parking area
or structure having parking spaces for more than 2 vehicles
at which motor vehicles are permitted to park in return for
an hourly, daily, or other periodic fee, whether publicly or
privately owned, but does not include parking spaces on a
public street, the use of which is regulated by parking
meters.
(e) The Board may impose a Regional Transportation
Authority Retailers' Occupation Tax upon all persons engaged
in the business of selling tangible personal property at
retail in the metropolitan region. In Cook County the tax
rate shall be 1% of the gross receipts from sales of food for
human consumption that is to be consumed off the premises
where it is sold (other than alcoholic beverages, soft drinks
and food that has been prepared for immediate consumption)
and prescription and nonprescription medicines, drugs,
medical appliances and insulin, urine testing materials,
syringes and needles used by diabetics, and 3/4% of the gross
receipts from other taxable sales made in the course of that
business. In DuPage, Kane, Lake, McHenry, and Will Counties,
the tax rate shall be 1/4% of the gross receipts from all
taxable sales made in the course of that business. The tax
imposed under this Section and all civil penalties that may
be assessed as an incident thereof shall be collected and
enforced by the State Department of Revenue. The Department
shall have full power to administer and enforce this Section;
to collect all taxes and penalties so collected in the manner
hereinafter provided; and to determine all rights to credit
memoranda arising on account of the erroneous payment of tax
or penalty hereunder. In the administration of, and
compliance with this Section, the Department and persons who
are subject to this Section shall have the same rights,
remedies, privileges, immunities, powers and duties, and be
subject to the same conditions, restrictions, limitations,
penalties, exclusions, exemptions and definitions of terms,
and employ the same modes of procedure, as are prescribed in
Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65
(in respect to all provisions therein other than the State
rate of tax), 2c, 3 (except as to the disposition of taxes
and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g,
5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12 and 13
of the Retailers' Occupation Tax Act and Section 3-7 of the
Uniform Penalty and Interest Act, as fully as if those
provisions were set forth herein.
Persons subject to any tax imposed under the authority
granted in this Section may reimburse themselves for their
seller's tax liability hereunder by separately stating the
tax as an additional charge, which charge may be stated in
combination in a single amount with State taxes that sellers
are required to collect under the Use Tax Act, under any
bracket schedules the Department may prescribe.
Whenever the Department determines that a refund should
be made under this Section to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named, in the
notification from the Department. The refund shall be paid
by the State Treasurer out of the Regional Transportation
Authority tax fund established under paragraph (n) of this
Section.
If a tax is imposed under this subsection (e), a tax
shall also be imposed under subsections (f) and (g) of this
Section.
For the purpose of determining whether a tax authorized
under this Section is applicable, a retail sale by a producer
of coal or other mineral mined in Illinois, is a sale at
retail at the place where the coal or other mineral mined in
Illinois is extracted from the earth. This paragraph does not
apply to coal or other mineral when it is delivered or
shipped by the seller to the purchaser at a point outside
Illinois so that the sale is exempt under the Federal
Constitution as a sale in interstate or foreign commerce.
Nothing in this Section shall be construed to authorize
the Regional Transportation Authority to impose a tax upon
the privilege of engaging in any business that under the
Constitution of the United States may not be made the subject
of taxation by this State.
(f) If a tax has been imposed under paragraph (e), a
Regional Transportation Authority Service Occupation Tax
shall also be imposed upon all persons engaged, in the
metropolitan region in the business of making sales of
service, who as an incident to making the sales of service,
transfer tangible personal property within the metropolitan
region, either in the form of tangible personal property or
in the form of real estate as an incident to a sale of
service. In Cook County, the tax rate shall be: (1) 1% of
the serviceman's cost price of food prepared for immediate
consumption and transferred incident to a sale of service
subject to the service occupation tax by an entity licensed
under the Hospital Licensing Act or the Nursing Home Care Act
that is located in the metropolitan region; (2) 1% of the
selling price of food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks and food that has been
prepared for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances and
insulin, urine testing materials, syringes and needles used
by diabetics; and (3) 3/4% of the selling price from other
taxable sales of tangible personal property transferred. In
DuPage, Kane, Lake, McHenry and Will Counties the rate shall
be 1/4% of the selling price of all tangible personal
property transferred.
The tax imposed under this paragraph and all civil
penalties that may be assessed as an incident thereof shall
be collected and enforced by the State Department of Revenue.
The Department shall have full power to administer and
enforce this paragraph; to collect all taxes and penalties
due hereunder; to dispose of taxes and penalties collected in
the manner hereinafter provided; and to determine all rights
to credit memoranda arising on account of the erroneous
payment of tax or penalty hereunder. In the administration
of and compliance with this paragraph, the Department and
persons who are subject to this paragraph shall have the same
rights, remedies, privileges, immunities, powers and duties,
and be subject to the same conditions, restrictions,
limitations, penalties, exclusions, exemptions and
definitions of terms, and employ the same modes of procedure,
as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in
respect to all provisions therein other than the State rate
of tax), 4 (except that the reference to the State shall be
to the Authority), 5, 7, 8 (except that the jurisdiction to
which the tax shall be a debt to the extent indicated in that
Section 8 shall be the Authority), 9 (except as to the
disposition of taxes and penalties collected, and except that
the returned merchandise credit for this tax may not be taken
against any State tax), 10, 11, 12 (except the reference
therein to Section 2b of the Retailers' Occupation Tax Act),
13 (except that any reference to the State shall mean the
Authority), the first paragraph of Section 15, 16, 17, 18, 19
and 20 of the Service Occupation Tax Act and Section 3-7 of
the Uniform Penalty and Interest Act, as fully as if those
provisions were set forth herein.
Persons subject to any tax imposed under the authority
granted in this paragraph may reimburse themselves for their
serviceman's tax liability hereunder by separately stating
the tax as an additional charge, that charge may be stated in
combination in a single amount with State tax that servicemen
are authorized to collect under the Service Use Tax Act,
under any bracket schedules the Department may prescribe.
Whenever the Department determines that a refund should
be made under this paragraph to a claimant instead of issuing
a credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Regional Transportation Authority tax
fund established under paragraph (n) of this Section.
Nothing in this paragraph shall be construed to authorize
the Authority to impose a tax upon the privilege of engaging
in any business that under the Constitution of the United
States may not be made the subject of taxation by the State.
(g) If a tax has been imposed under paragraph (e), a tax
shall also be imposed upon the privilege of using in the
metropolitan region, any item of tangible personal property
that is purchased outside the metropolitan region at retail
from a retailer, and that is titled or registered with an
agency of this State's government. In Cook County the tax
rate shall be 3/4% of the selling price of the tangible
personal property, as "selling price" is defined in the Use
Tax Act. In DuPage, Kane, Lake, McHenry and Will counties
the tax rate shall be 1/4% of the selling price of the
tangible personal property, as "selling price" is defined in
the Use Tax Act. The tax shall be collected from persons
whose Illinois address for titling or registration purposes
is given as being in the metropolitan region. The tax shall
be collected by the Department of Revenue for the Regional
Transportation Authority. The tax must be paid to the State,
or an exemption determination must be obtained from the
Department of Revenue, before the title or certificate of
registration for the property may be issued. The tax or proof
of exemption may be transmitted to the Department by way of
the State agency with which, or the State officer with whom,
the tangible personal property must be titled or registered
if the Department and the State agency or State officer
determine that this procedure will expedite the processing of
applications for title or registration.
The Department shall have full power to administer and
enforce this paragraph; to collect all taxes, penalties and
interest due hereunder; to dispose of taxes, penalties and
interest collected in the manner hereinafter provided; and to
determine all rights to credit memoranda or refunds arising
on account of the erroneous payment of tax, penalty or
interest hereunder. In the administration of and compliance
with this paragraph, the Department and persons who are
subject to this paragraph shall have the same rights,
remedies, privileges, immunities, powers and duties, and be
subject to the same conditions, restrictions, limitations,
penalties, exclusions, exemptions and definitions of terms
and employ the same modes of procedure, as are prescribed in
Sections 2 (except the definition of "retailer maintaining a
place of business in this State"), 3 through 3-80 (except
provisions pertaining to the State rate of tax, and except
provisions concerning collection or refunding of the tax by
retailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions
pertaining to claims by retailers and except the last
paragraph concerning refunds), 20, 21 and 22 of the Use Tax
Act, and are not inconsistent with this paragraph, as fully
as if those provisions were set forth herein.
Whenever the Department determines that a refund should
be made under this paragraph to a claimant instead of issuing
a credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified, and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Regional Transportation Authority tax
fund established under paragraph (n) of this Section.
(h) The Authority may impose a replacement vehicle tax
of $50 on any passenger car as defined in Section 1-157 of
the Illinois Vehicle Code purchased within the metropolitan
region by or on behalf of an insurance company to replace a
passenger car of an insured person in settlement of a total
loss claim. The tax imposed may not become effective before
the first day of the month following the passage of the
ordinance imposing the tax and receipt of a certified copy of
the ordinance by the Department of Revenue. The Department
of Revenue shall collect the tax for the Authority in
accordance with Sections 3-2002 and 3-2003 of the Illinois
Vehicle Code.
The Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes collected
hereunder. On or before the 25th day of each calendar month,
the Department shall prepare and certify to the Comptroller
the disbursement of stated sums of money to the Authority.
The amount to be paid to the Authority shall be the amount
collected hereunder during the second preceding calendar
month by the Department, less any amount determined by the
Department to be necessary for the payment of refunds.
Within 10 days after receipt by the Comptroller of the
disbursement certification to the Authority provided for in
this Section to be given to the Comptroller by the
Department, the Comptroller shall cause the orders to be
drawn for that amount in accordance with the directions
contained in the certification.
(i) The Board may not impose any other taxes except as
it may from time to time be authorized by law to impose.
(j) A certificate of registration issued by the State
Department of Revenue to a retailer under the Retailers'
Occupation Tax Act or under the Service Occupation Tax Act
shall permit the registrant to engage in a business that is
taxed under the tax imposed under paragraphs (b), (e), (f) or
(g) of this Section and no additional registration shall be
required under the tax. A certificate issued under the Use
Tax Act or the Service Use Tax Act shall be applicable with
regard to any tax imposed under paragraph (c) of this
Section.
(k) The provisions of any tax imposed under paragraph
(c) of this Section shall conform as closely as may be
practicable to the provisions of the Use Tax Act, including
without limitation conformity as to penalties with respect to
the tax imposed and as to the powers of the State Department
of Revenue to promulgate and enforce rules and regulations
relating to the administration and enforcement of the
provisions of the tax imposed. The taxes shall be imposed
only on use within the metropolitan region and at rates as
provided in the paragraph.
(l) The Board in imposing any tax as provided in
paragraphs (b) and (c) of this Section, shall, after seeking
the advice of the State Department of Revenue, provide means
for retailers, users or purchasers of motor fuel for purposes
other than those with regard to which the taxes may be
imposed as provided in those paragraphs to receive refunds of
taxes improperly paid, which provisions may be at variance
with the refund provisions as applicable under the Municipal
Retailers Occupation Tax Act. The State Department of
Revenue may provide for certificates of registration for
users or purchasers of motor fuel for purposes other than
those with regard to which taxes may be imposed as provided
in paragraphs (b) and (c) of this Section to facilitate the
reporting and nontaxability of the exempt sales or uses.
(m) Any ordinance imposing or discontinuing any tax
under this Section shall be adopted and a certified copy
thereof filed with the Department on or before June 1,
whereupon the Department of Revenue shall proceed to
administer and enforce this Section on behalf of the Regional
Transportation Authority as of September 1 next following
such adoption and filing. Beginning January 1, 1992, an
ordinance or resolution imposing or discontinuing the tax
hereunder shall be adopted and a certified copy thereof filed
with the Department on or before the first day of July,
whereupon the Department shall proceed to administer and
enforce this Section as of the first day of October next
following such adoption and filing. Beginning January 1,
1993, an ordinance or resolution imposing or discontinuing
the tax hereunder shall be adopted and a certified copy
thereof filed with the Department on or before the first day
of October, whereupon the Department shall proceed to
administer and enforce this Section as of the first day of
January next following such adoption and filing.
(n) The State Department of Revenue shall, upon
collecting any taxes as provided in this Section, pay the
taxes over to the State Treasurer as trustee for the
Authority. The taxes shall be held in a trust fund outside
the State Treasury. On or before the 25th day of each
calendar month, the State Department of Revenue shall prepare
and certify to the Comptroller of the State of Illinois the
amount to be paid to the Authority, which shall be the then
balance in the fund, less any amount determined by the
Department to be necessary for the payment of refunds. The
State Department of Revenue shall also certify to the
Authority the amount of taxes collected in each County other
than Cook County in the metropolitan region less the amount
necessary for the payment of refunds to taxpayers in the
County. With regard to the County of Cook, the certification
shall specify the amount of taxes collected within the City
of Chicago less the amount necessary for the payment of
refunds to taxpayers in the City of Chicago and the amount
collected in that portion of Cook County outside of Chicago
less the amount necessary for the payment of refunds to
taxpayers in that portion of Cook County outside of Chicago.
Within 10 days after receipt by the Comptroller of the
certification of the amount to be paid to the Authority, the
Comptroller shall cause an order to be drawn for the payment
for the amount in accordance with the direction in the
certification.
In addition to the disbursement required by the preceding
paragraph, an allocation shall be made in July 1991 and each
year thereafter to the Regional Transportation Authority.
The allocation shall be made in an amount equal to the
average monthly distribution during the preceding calendar
year (excluding the 2 months of lowest receipts) and the
allocation shall include the amount of average monthly
distribution from the Regional Transportation Authority
Occupation and Use Tax Replacement Fund. The distribution
made in July 1992 and each year thereafter under this
paragraph and the preceding paragraph shall be reduced by the
amount allocated and disbursed under this paragraph in the
preceding calendar year. The Department of Revenue shall
prepare and certify to the Comptroller for disbursement the
allocations made in accordance with this paragraph.
(o) Failure to adopt a budget ordinance or otherwise to
comply with Section 4.01 of this Act or to adopt a Five-year
Program or otherwise to comply with paragraph (b) of Section
2.01 of this Act shall not affect the validity of any tax
imposed by the Authority otherwise in conformity with law.
(p) At no time shall a public transportation tax or
motor vehicle parking tax authorized under paragraphs (b),
(c) and (d) of this Section be in effect at the same time as
any retailers' occupation, use or service occupation tax
authorized under paragraphs (e), (f) and (g) of this Section
is in effect.
Any taxes imposed under the authority provided in
paragraphs (b), (c) and (d) shall remain in effect only until
the time as any tax authorized by paragraphs (e), (f) or (g)
of this Section are imposed and becomes effective. Once any
tax authorized by paragraphs (e), (f) or (g) is imposed the
Board may not reimpose taxes as authorized in paragraphs (b),
(c) and (d) of the Section unless any tax authorized by
paragraphs (e), (f) or (g) of this Section becomes
ineffective by means other than an ordinance of the Board.
(q) Any existing rights, remedies and obligations
(including enforcement by the Regional Transportation
Authority) arising under any tax imposed under paragraphs
(b), (c) or (d) of this Section shall not be affected by the
imposition of a tax under paragraphs (e), (f) or (g) of this
Section.
(Source: P.A. 91-51, eff. 6-30-99; 92-221, eff. 8-2-01;
revised 12-07-01.)
Section 37. The School Code is amended by changing
Sections 1D-1, 2-3.35, 14-9.01, 18-8.05, 22-27, and 34A-403.1
and renumbering Section 14-1.09.02 as follows:
(105 ILCS 5/1D-1)
Sec. 1D-1. Block grant funding.
(a) For fiscal year 1996 and each fiscal year
thereafter, the State Board of Education shall award to a
school district having a population exceeding 500,000
inhabitants a general education block grant and an
educational services block grant, determined as provided in
this Section, in lieu of distributing to the district
separate State funding for the programs described in
subsections (b) and (c). The provisions of this Section,
however, do not apply to any federal funds that the district
is entitled to receive. In accordance with Section 2-3.32,
all block grants are subject to an audit. Therefore, block
grant receipts and block grant expenditures shall be recorded
to the appropriate fund code for the designated block grant.
(b) The general education block grant shall include the
following programs: REI Initiative, Summer Bridges, Preschool
At Risk, K-6 Comprehensive Arts, School Improvement Support,
Urban Education, Scientific Literacy, Substance Abuse
Prevention, Second Language Planning, Staff Development,
Outcomes and Assessment, K-6 Reading Improvement, Truants'
Optional Education, Hispanic Programs, Agriculture Education,
Gifted Education, Parental Education, Prevention Initiative,
Report Cards, and Criminal Background Investigations.
Notwithstanding any other provision of law, all amounts paid
under the general education block grant from State
appropriations to a school district in a city having a
population exceeding 500,000 inhabitants shall be
appropriated and expended by the board of that district for
any of the programs included in the block grant or any of the
board's lawful purposes.
(c) The educational services block grant shall include
the following programs: Bilingual, Regular and Vocational
Transportation, State Lunch and Free Breakfast Program,
Special Education (Personnel, Extraordinary, Transportation,
Orphanage, Private Tuition), Summer School, Educational
Service Centers, and Administrator's Academy. This
subsection (c) does not relieve the district of its
obligation to provide the services required under a program
that is included within the educational services block grant.
It is the intention of the General Assembly in enacting the
provisions of this subsection (c) to relieve the district of
the administrative burdens that impede efficiency and
accompany single-program funding. The General Assembly
encourages the board to pursue mandate waivers pursuant to
Section 2-3.25g.
(d) For fiscal year 1996 and each fiscal year
thereafter, the amount of the district's block grants shall
be determined as follows: (i) with respect to each program
that is included within each block grant, the district shall
receive an amount equal to the same percentage of the current
fiscal year appropriation made for that program as the
percentage of the appropriation received by the district from
the 1995 fiscal year appropriation made for that program, and
(ii) the total amount that is due the district under the
block grant shall be the aggregate of the amounts that the
district is entitled to receive for the fiscal year with
respect to each program that is included within the block
grant that the State Board of Education shall award the
district under this Section for that fiscal year. In the
case of the Summer Bridges program, the amount of the
district's block grant shall be equal to 44% of the amount of
the current fiscal year appropriation made for that program.
(e) The district is not required to file any application
or other claim in order to receive the block grants to which
it is entitled under this Section. The State Board of
Education shall make payments to the district of amounts due
under the district's block grants on a schedule determined by
the State Board of Education.
(f) A school district to which this Section applies
shall report to the State Board of Education on its use of
the block grants in such form and detail as the State Board
of Education may specify.
(g) This paragraph provides for the treatment of block
grants under Article 1C for purposes of calculating the
amount of block grants for a district under this Section.
Those block grants under Article 1C IC are, for this purpose,
treated as included in the amount of appropriation for the
various programs set forth in paragraph (b) above. The
appropriation in each current fiscal year for each block
grant under Article 1C shall be treated for these purposes as
appropriations for the individual program included in that
block grant. The proportion of each block grant so allocated
to each such program included in it shall be the proportion
which the appropriation for that program was of all
appropriations for such purposes now in that block grant, in
fiscal 1995.
(Source: P.A. 90-566, eff. 1-2-98; 90-653, eff. 7-29-98;
91-711, eff. 7-1-00; revised 12-04-01.)
(105 ILCS 5/2-3.35) (from Ch. 122, par. 2-3.35)
Sec. 2-3.35. Department of School District Organization.
To establish a Department of School District Organization to
assist local school districts in studying school district
organization problems so as to improve educational
opportunities for the students and:
(1) To provide consultant service to local school
districts to help them determine and understand the
necessary quality educational program needed for the
youth of today, and the necessary services and resources
to develop and support it.
(2) To provide consultant service to school
districts that need to reorganize through consolidation,
joint agreements, etc., in order to provide for a quality
educational program.
(3) To provide consultant service to school
districts needing help to solve internal organizational
problems that must be solved to provide a quality
educational program.
(4) To provide information annually to the School
Problems Commission regarding progress made in improving
school district organization as well as school district
reorganization. Such factual information should provide
a basis for legislation to solve organizational problems
for school districts when they cannot or will not be
solved at the local school district level.
(5) May make area surveys of strengths and
weaknesses of local school districts and recommend, where
necessary, a course of action to meet adequate standards.
(Source: Laws 1967, p. 2639; revised 12-06-01.)
(105 ILCS 5/14-1.09.2)
Sec. 14-1.09.2. 14-1.09.02. School Social Work Services.
In the public schools, social work services may be provided
by qualified specialists who hold Type 73 School Service
Personnel Certificates endorsed for school social work issued
by the State Teacher Certification Board.
School social work services may include, but are not
limited to:
(1) Identifying students in need of special
education services by conducting a social-developmental
study in a case study evaluation;
(2) Developing and implementing comprehensive
interventions with students, parents, and teachers that
will enhance student adjustment to, and performance in,
the school setting;
(3) Consulting and collaborating with teachers and
other school personnel regarding behavior management and
intervention plans and inclusion in support of special
education students in regular classroom settings;
(4) Counseling with students, parents, and teachers
in accordance with the rules and regulations governing
provision of related services, provided that parent
permission must be obtained in writing before a student
participates in a group counseling session;
(5) Acting as a liaison between the public schools
and community resources;
(6) Developing and implementing school-based
prevention programs including mediation and violence
prevention;
(7) Providing crisis intervention within the school
setting;
(8) Supervising school social work interns enrolled
in school social work programs that meet the standards
established by the State Board of Education;
(9) Providing parent education and counseling as
appropriate in relation to the child's educational
assessment; and
(10) Assisting in completing a functional
behavioral assessment, as well as assisting in the
development of nonaversive behavioral intervention
strategies.
Nothing in this Section prohibits other certified
professionals from providing any of the services listed in
this Section for which they are appropriately trained.
(Source: P.A. 92-362, eff. 8-15-01; revised 10-9-01.)
(105 ILCS 5/14-9.01) (from Ch. 122, par. 14-9.01)
Sec. 14-9.01. Qualifications of teachers, other
professional personnel and necessary workers. No person
shall be employed to teach any class or program authorized by
this Article who does not hold a valid teacher's certificate
as provided by law and unless he has had such special
training as the State Board of Education may require. No
special certificate or endorsement to a special certificate
issued under Section 21-4 21.4 on or after July 1, 1994,
shall be valid for teaching students with visual disabilities
unless the person to whom the certificate or endorsement is
issued has attained satisfactory performance on an
examination that is designed to assess competency in Braille
reading and writing skills according to standards that the
State Board of Education may adopt. Evidence of successfully
completing the examination of Braille reading and writing
skills must be submitted to the State Board of Education
prior to an applicant's examination of the subject matter
knowledge test required under Section 21-1a. Beginning July
1, 1995, in addition to other requirements, a candidate for a
teaching certification in the area of the deaf and hard of
hearing granted by the Illinois State Board of Education for
teaching deaf and hard of hearing students in grades
pre-school through grade 12 must demonstrate a minimum
proficiency in sign language as determined by the Illinois
State Board of Education. All other professional personnel
employed in any class, service, or program authorized by this
Article shall hold such certificates and shall have had such
special training as the State Board of Education may require;
provided that in a school district organized under Article
34, the school district may employ speech and language
pathologists who are licensed under the Illinois
Speech-Language Pathology and Audiology Practice Act but who
do not hold a certificate issued under the School Code if the
district certifies that a chronic shortage of certified
personnel exists. Nothing contained in this Act prohibits
the school board from employing necessary workers to assist
the teacher with the special educational facilities, except
that all such necessary workers must have had such training
as the State Board of Education may require.
No later than January 1, 1993, the State Board of
Education shall develop, in consultation with the Advisory
Council on the Education of Children with Disabilities and
the Advisory Council on Bilingual Education, rules governing
the qualifications for certification of teachers and school
service personnel providing services to limited English
proficient students receiving special education and related
services.
The employment of any teacher in a special education
program provided for in Sections 14-1.01 to 14-14.01,
inclusive, shall be subject to the provisions of Sections
24-11 to 24-16, inclusive. Any teacher employed in a special
education program, prior to the effective date of this
amendatory Act of 1987, in which 2 or more districts
participate shall enter upon contractual continued service in
each of the participating districts subject to the provisions
of Sections 24-11 to 24-16, inclusive.
(Source: P.A. 88-45; 88-49; 88-670, eff. 12-2-94; 89-397,
eff. 8-20-95; 89-636, eff. 8-9-96; 89-698, eff. 1-14-97;
revised 1-7-02.)
(105 ILCS 5/18-8.05)
Sec. 18-8.05. Basis for apportionment of general State
financial aid and supplemental general State aid to the
common schools for the 1998-1999 and subsequent school years.
(A) General Provisions.
(1) The provisions of this Section apply to the
1998-1999 and subsequent school years. The system of general
State financial aid provided for in this Section is designed
to assure that, through a combination of State financial aid
and required local resources, the financial support provided
each pupil in Average Daily Attendance equals or exceeds a
prescribed per pupil Foundation Level. This formula approach
imputes a level of per pupil Available Local Resources and
provides for the basis to calculate a per pupil level of
general State financial aid that, when added to Available
Local Resources, equals or exceeds the Foundation Level. The
amount of per pupil general State financial aid for school
districts, in general, varies in inverse relation to
Available Local Resources. Per pupil amounts are based upon
each school district's Average Daily Attendance as that term
is defined in this Section.
(2) In addition to general State financial aid, school
districts with specified levels or concentrations of pupils
from low income households are eligible to receive
supplemental general State financial aid grants as provided
pursuant to subsection (H). The supplemental State aid grants
provided for school districts under subsection (H) shall be
appropriated for distribution to school districts as part of
the same line item in which the general State financial aid
of school districts is appropriated under this Section.
(3) To receive financial assistance under this Section,
school districts are required to file claims with the State
Board of Education, subject to the following requirements:
(a) Any school district which fails for any given
school year to maintain school as required by law, or to
maintain a recognized school is not eligible to file for
such school year any claim upon the Common School Fund.
In case of nonrecognition of one or more attendance
centers in a school district otherwise operating
recognized schools, the claim of the district shall be
reduced in the proportion which the Average Daily
Attendance in the attendance center or centers bear to
the Average Daily Attendance in the school district. A
"recognized school" means any public school which meets
the standards as established for recognition by the State
Board of Education. A school district or attendance
center not having recognition status at the end of a
school term is entitled to receive State aid payments due
upon a legal claim which was filed while it was
recognized.
(b) School district claims filed under this Section
are subject to Sections 18-9, 18-10, and 18-12, except as
otherwise provided in this Section.
(c) If a school district operates a full year
school under Section 10-19.1, the general State aid to
the school district shall be determined by the State
Board of Education in accordance with this Section as
near as may be applicable.
(d) (Blank).
(4) Except as provided in subsections (H) and (L), the
board of any district receiving any of the grants provided
for in this Section may apply those funds to any fund so
received for which that board is authorized to make
expenditures by law.
School districts are not required to exert a minimum
Operating Tax Rate in order to qualify for assistance under
this Section.
(5) As used in this Section the following terms, when
capitalized, shall have the meaning ascribed herein:
(a) "Average Daily Attendance": A count of pupil
attendance in school, averaged as provided for in
subsection (C) and utilized in deriving per pupil
financial support levels.
(b) "Available Local Resources": A computation of
local financial support, calculated on the basis of
Average Daily Attendance and derived as provided pursuant
to subsection (D).
(c) "Corporate Personal Property Replacement
Taxes": Funds paid to local school districts pursuant to
"An Act in relation to the abolition of ad valorem
personal property tax and the replacement of revenues
lost thereby, and amending and repealing certain Acts and
parts of Acts in connection therewith", certified August
14, 1979, as amended (Public Act 81-1st S.S.-1).
(d) "Foundation Level": A prescribed level of per
pupil financial support as provided for in subsection
(B).
(e) "Operating Tax Rate": All school district
property taxes extended for all purposes, except Bond and
Interest, Summer School, Rent, Capital Improvement, and
Vocational Education Building purposes.
(B) Foundation Level.
(1) The Foundation Level is a figure established by the
State representing the minimum level of per pupil financial
support that should be available to provide for the basic
education of each pupil in Average Daily Attendance. As set
forth in this Section, each school district is assumed to
exert a sufficient local taxing effort such that, in
combination with the aggregate of general State financial aid
provided the district, an aggregate of State and local
resources are available to meet the basic education needs of
pupils in the district.
(2) For the 1998-1999 school year, the Foundation Level
of support is $4,225. For the 1999-2000 school year, the
Foundation Level of support is $4,325. For the 2000-2001
school year, the Foundation Level of support is $4,425.
(3) For the 2001-2002 school year and each school year
thereafter, the Foundation Level of support is $4,560 or such
greater amount as may be established by law by the General
Assembly.
(C) Average Daily Attendance.
(1) For purposes of calculating general State aid
pursuant to subsection (E), an Average Daily Attendance
figure shall be utilized. The Average Daily Attendance
figure for formula calculation purposes shall be the monthly
average of the actual number of pupils in attendance of each
school district, as further averaged for the best 3 months of
pupil attendance for each school district. In compiling the
figures for the number of pupils in attendance, school
districts and the State Board of Education shall, for
purposes of general State aid funding, conform attendance
figures to the requirements of subsection (F).
(2) The Average Daily Attendance figures utilized in
subsection (E) shall be the requisite attendance data for the
school year immediately preceding the school year for which
general State aid is being calculated or the average of the
attendance data for the 3 preceding school years, whichever
is greater. The Average Daily Attendance figures utilized in
subsection (H) shall be the requisite attendance data for the
school year immediately preceding the school year for which
general State aid is being calculated.
(D) Available Local Resources.
(1) For purposes of calculating general State aid
pursuant to subsection (E), a representation of Available
Local Resources per pupil, as that term is defined and
determined in this subsection, shall be utilized. Available
Local Resources per pupil shall include a calculated dollar
amount representing local school district revenues from local
property taxes and from Corporate Personal Property
Replacement Taxes, expressed on the basis of pupils in
Average Daily Attendance.
(2) In determining a school district's revenue from
local property taxes, the State Board of Education shall
utilize the equalized assessed valuation of all taxable
property of each school district as of September 30 of the
previous year. The equalized assessed valuation utilized
shall be obtained and determined as provided in subsection
(G).
(3) For school districts maintaining grades kindergarten
through 12, local property tax revenues per pupil shall be
calculated as the product of the applicable equalized
assessed valuation for the district multiplied by 3.00%, and
divided by the district's Average Daily Attendance figure.
For school districts maintaining grades kindergarten through
8, local property tax revenues per pupil shall be calculated
as the product of the applicable equalized assessed valuation
for the district multiplied by 2.30%, and divided by the
district's Average Daily Attendance figure. For school
districts maintaining grades 9 through 12, local property tax
revenues per pupil shall be the applicable equalized assessed
valuation of the district multiplied by 1.05%, and divided by
the district's Average Daily Attendance figure.
(4) The Corporate Personal Property Replacement Taxes
paid to each school district during the calendar year 2 years
before the calendar year in which a school year begins,
divided by the Average Daily Attendance figure for that
district, shall be added to the local property tax revenues
per pupil as derived by the application of the immediately
preceding paragraph (3). The sum of these per pupil figures
for each school district shall constitute Available Local
Resources as that term is utilized in subsection (E) in the
calculation of general State aid.
(E) Computation of General State Aid.
(1) For each school year, the amount of general State
aid allotted to a school district shall be computed by the
State Board of Education as provided in this subsection.
(2) For any school district for which Available Local
Resources per pupil is less than the product of 0.93 times
the Foundation Level, general State aid for that district
shall be calculated as an amount equal to the Foundation
Level minus Available Local Resources, multiplied by the
Average Daily Attendance of the school district.
(3) For any school district for which Available Local
Resources per pupil is equal to or greater than the product
of 0.93 times the Foundation Level and less than the product
of 1.75 times the Foundation Level, the general State aid per
pupil shall be a decimal proportion of the Foundation Level
derived using a linear algorithm. Under this linear
algorithm, the calculated general State aid per pupil shall
decline in direct linear fashion from 0.07 times the
Foundation Level for a school district with Available Local
Resources equal to the product of 0.93 times the Foundation
Level, to 0.05 times the Foundation Level for a school
district with Available Local Resources equal to the product
of 1.75 times the Foundation Level. The allocation of
general State aid for school districts subject to this
paragraph 3 shall be the calculated general State aid per
pupil figure multiplied by the Average Daily Attendance of
the school district.
(4) For any school district for which Available Local
Resources per pupil equals or exceeds the product of 1.75
times the Foundation Level, the general State aid for the
school district shall be calculated as the product of $218
multiplied by the Average Daily Attendance of the school
district.
(5) The amount of general State aid allocated to a
school district for the 1999-2000 school year meeting the
requirements set forth in paragraph (4) of subsection (G)
shall be increased by an amount equal to the general State
aid that would have been received by the district for the
1998-1999 school year by utilizing the Extension Limitation
Equalized Assessed Valuation as calculated in paragraph (4)
of subsection (G) less the general State aid allotted for the
1998-1999 school year. This amount shall be deemed a one
time increase, and shall not affect any future general State
aid allocations.
(F) Compilation of Average Daily Attendance.
(1) Each school district shall, by July 1 of each year,
submit to the State Board of Education, on forms prescribed
by the State Board of Education, attendance figures for the
school year that began in the preceding calendar year. The
attendance information so transmitted shall identify the
average daily attendance figures for each month of the school
year, except that any days of attendance in August shall be
added to the month of September and any days of attendance in
June shall be added to the month of May.
Except as otherwise provided in this Section, days of
attendance by pupils shall be counted only for sessions of
not less than 5 clock hours of school work per day under
direct supervision of: (i) teachers, or (ii) non-teaching
personnel or volunteer personnel when engaging in
non-teaching duties and supervising in those instances
specified in subsection (a) of Section 10-22.34 and paragraph
10 of Section 34-18, with pupils of legal school age and in
kindergarten and grades 1 through 12.
Days of attendance by tuition pupils shall be accredited
only to the districts that pay the tuition to a recognized
school.
(2) Days of attendance by pupils of less than 5 clock
hours of school shall be subject to the following provisions
in the compilation of Average Daily Attendance.
(a) Pupils regularly enrolled in a public school
for only a part of the school day may be counted on the
basis of 1/6 day for every class hour of instruction of
40 minutes or more attended pursuant to such enrollment,
unless a pupil is enrolled in a block-schedule format of
80 minutes or more of instruction, in which case the
pupil may be counted on the basis of the proportion of
minutes of school work completed each day to the minimum
number of minutes that school work is required to be held
that day.
(b) Days of attendance may be less than 5 clock
hours on the opening and closing of the school term, and
upon the first day of pupil attendance, if preceded by a
day or days utilized as an institute or teachers'
workshop.
(c) A session of 4 or more clock hours may be
counted as a day of attendance upon certification by the
regional superintendent, and approved by the State
Superintendent of Education to the extent that the
district has been forced to use daily multiple sessions.
(d) A session of 3 or more clock hours may be
counted as a day of attendance (1) when the remainder of
the school day or at least 2 hours in the evening of that
day is utilized for an in-service training program for
teachers, up to a maximum of 5 days per school year of
which a maximum of 4 days of such 5 days may be used for
parent-teacher conferences, provided a district conducts
an in-service training program for teachers which has
been approved by the State Superintendent of Education;
or, in lieu of 4 such days, 2 full days may be used, in
which event each such day may be counted as a day of
attendance; and (2) when days in addition to those
provided in item (1) are scheduled by a school pursuant
to its school improvement plan adopted under Article 34
or its revised or amended school improvement plan adopted
under Article 2, provided that (i) such sessions of 3 or
more clock hours are scheduled to occur at regular
intervals, (ii) the remainder of the school days in which
such sessions occur are utilized for in-service training
programs or other staff development activities for
teachers, and (iii) a sufficient number of minutes of
school work under the direct supervision of teachers are
added to the school days between such regularly scheduled
sessions to accumulate not less than the number of
minutes by which such sessions of 3 or more clock hours
fall short of 5 clock hours. Any full days used for the
purposes of this paragraph shall not be considered for
computing average daily attendance. Days scheduled for
in-service training programs, staff development
activities, or parent-teacher conferences may be
scheduled separately for different grade levels and
different attendance centers of the district.
(e) A session of not less than one clock hour of
teaching hospitalized or homebound pupils on-site or by
telephone to the classroom may be counted as 1/2 day of
attendance, however these pupils must receive 4 or more
clock hours of instruction to be counted for a full day
of attendance.
(f) A session of at least 4 clock hours may be
counted as a day of attendance for first grade pupils,
and pupils in full day kindergartens, and a session of 2
or more hours may be counted as 1/2 day of attendance by
pupils in kindergartens which provide only 1/2 day of
attendance.
(g) For children with disabilities who are below
the age of 6 years and who cannot attend 2 or more clock
hours because of their disability or immaturity, a
session of not less than one clock hour may be counted as
1/2 day of attendance; however for such children whose
educational needs so require a session of 4 or more clock
hours may be counted as a full day of attendance.
(h) A recognized kindergarten which provides for
only 1/2 day of attendance by each pupil shall not have
more than 1/2 day of attendance counted in any one day.
However, kindergartens may count 2 1/2 days of attendance
in any 5 consecutive school days. When a pupil attends
such a kindergarten for 2 half days on any one school
day, the pupil shall have the following day as a day
absent from school, unless the school district obtains
permission in writing from the State Superintendent of
Education. Attendance at kindergartens which provide for
a full day of attendance by each pupil shall be counted
the same as attendance by first grade pupils. Only the
first year of attendance in one kindergarten shall be
counted, except in case of children who entered the
kindergarten in their fifth year whose educational
development requires a second year of kindergarten as
determined under the rules and regulations of the State
Board of Education.
(G) Equalized Assessed Valuation Data.
(1) For purposes of the calculation of Available Local
Resources required pursuant to subsection (D), the State
Board of Education shall secure from the Department of
Revenue the value as equalized or assessed by the Department
of Revenue of all taxable property of every school district,
together with (i) the applicable tax rate used in extending
taxes for the funds of the district as of September 30 of the
previous year and (ii) the limiting rate for all school
districts subject to property tax extension limitations as
imposed under the Property Tax Extension Limitation Law.
This equalized assessed valuation, as adjusted further by
the requirements of this subsection, shall be utilized in the
calculation of Available Local Resources.
(2) The equalized assessed valuation in paragraph (1)
shall be adjusted, as applicable, in the following manner:
(a) For the purposes of calculating State aid under
this Section, with respect to any part of a school
district within a redevelopment project area in respect
to which a municipality has adopted tax increment
allocation financing pursuant to the Tax Increment
Allocation Redevelopment Act, Sections 11-74.4-1 through
11-74.4-11 of the Illinois Municipal Code or the
Industrial Jobs Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the Illinois Municipal Code, no part of the
current equalized assessed valuation of real property
located in any such project area which is attributable to
an increase above the total initial equalized assessed
valuation of such property shall be used as part of the
equalized assessed valuation of the district, until such
time as all redevelopment project costs have been paid,
as provided in Section 11-74.4-8 of the Tax Increment
Allocation Redevelopment Act or in Section 11-74.6-35 of
the Industrial Jobs Recovery Law. For the purpose of the
equalized assessed valuation of the district, the total
initial equalized assessed valuation or the current
equalized assessed valuation, whichever is lower, shall
be used until such time as all redevelopment project
costs have been paid.
(b) The real property equalized assessed valuation
for a school district shall be adjusted by subtracting
from the real property value as equalized or assessed by
the Department of Revenue for the district an amount
computed by dividing the amount of any abatement of taxes
under Section 18-170 of the Property Tax Code by 3.00%
for a district maintaining grades kindergarten through
12, by 2.30% for a district maintaining grades
kindergarten through 8, or by 1.05% for a district
maintaining grades 9 through 12 and adjusted by an amount
computed by dividing the amount of any abatement of taxes
under subsection (a) of Section 18-165 of the Property
Tax Code by the same percentage rates for district type
as specified in this subparagraph (b).
(3) For the 1999-2000 school year and each school year
thereafter, if a school district meets all of the criteria of
this subsection (G)(3), the school district's Available Local
Resources shall be calculated under subsection (D) using the
district's Extension Limitation Equalized Assessed Valuation
as calculated under this subsection (G)(3).
For purposes of this subsection (G)(3) the following
terms shall have the following meanings:
"Budget Year": The school year for which general
State aid is calculated and awarded under subsection (E).
"Base Tax Year": The property tax levy year used to
calculate the Budget Year allocation of general State
aid.
"Preceding Tax Year": The property tax levy year
immediately preceding the Base Tax Year.
"Base Tax Year's Tax Extension": The product of the
equalized assessed valuation utilized by the County Clerk
in the Base Tax Year multiplied by the limiting rate as
calculated by the County Clerk and defined in the
Property Tax Extension Limitation Law.
"Preceding Tax Year's Tax Extension": The product of
the equalized assessed valuation utilized by the County
Clerk in the Preceding Tax Year multiplied by the
Operating Tax Rate as defined in subsection (A).
"Extension Limitation Ratio": A numerical ratio,
certified by the County Clerk, in which the numerator is
the Base Tax Year's Tax Extension and the denominator is
the Preceding Tax Year's Tax Extension.
"Operating Tax Rate": The operating tax rate as
defined in subsection (A).
If a school district is subject to property tax extension
limitations as imposed under the Property Tax Extension
Limitation Law, the State Board of Education shall calculate
the Extension Limitation Equalized Assessed Valuation of that
district. For the 1999-2000 school year, the Extension
Limitation Equalized Assessed Valuation of a school district
as calculated by the State Board of Education shall be equal
to the product of the district's 1996 Equalized Assessed
Valuation and the district's Extension Limitation Ratio. For
the 2000-2001 school year and each school year thereafter,
the Extension Limitation Equalized Assessed Valuation of a
school district as calculated by the State Board of Education
shall be equal to the product of the Equalized Assessed
Valuation last used in the calculation of general State aid
and the district's Extension Limitation Ratio. If the
Extension Limitation Equalized Assessed Valuation of a school
district as calculated under this subsection (G)(3) is less
than the district's equalized assessed valuation as
calculated pursuant to subsections (G)(1) and (G)(2), then
for purposes of calculating the district's general State aid
for the Budget Year pursuant to subsection (E), that
Extension Limitation Equalized Assessed Valuation shall be
utilized to calculate the district's Available Local
Resources under subsection (D).
(4) For the purposes of calculating general State aid
for the 1999-2000 school year only, if a school district
experienced a triennial reassessment on the equalized
assessed valuation used in calculating its general State
financial aid apportionment for the 1998-1999 school year,
the State Board of Education shall calculate the Extension
Limitation Equalized Assessed Valuation that would have been
used to calculate the district's 1998-1999 general State aid.
This amount shall equal the product of the equalized assessed
valuation used to calculate general State aid for the
1997-1998 school year and the district's Extension Limitation
Ratio. If the Extension Limitation Equalized Assessed
Valuation of the school district as calculated under this
paragraph (4) is less than the district's equalized assessed
valuation utilized in calculating the district's 1998-1999
general State aid allocation, then for purposes of
calculating the district's general State aid pursuant to
paragraph (5) of subsection (E), that Extension Limitation
Equalized Assessed Valuation shall be utilized to calculate
the district's Available Local Resources.
(5) For school districts having a majority of their
equalized assessed valuation in any county except Cook,
DuPage, Kane, Lake, McHenry, or Will, if the amount of
general State aid allocated to the school district for the
1999-2000 school year under the provisions of subsection (E),
(H), and (J) of this Section is less than the amount of
general State aid allocated to the district for the 1998-1999
school year under these subsections, then the general State
aid of the district for the 1999-2000 school year only shall
be increased by the difference between these amounts. The
total payments made under this paragraph (5) shall not exceed
$14,000,000. Claims shall be prorated if they exceed
$14,000,000.
(H) Supplemental General State Aid.
(1) In addition to the general State aid a school
district is allotted pursuant to subsection (E), qualifying
school districts shall receive a grant, paid in conjunction
with a district's payments of general State aid, for
supplemental general State aid based upon the concentration
level of children from low-income households within the
school district. Supplemental State aid grants provided for
school districts under this subsection shall be appropriated
for distribution to school districts as part of the same line
item in which the general State financial aid of school
districts is appropriated under this Section. For purposes of
this subsection, the term "Low-Income Concentration Level"
shall be the low-income eligible pupil count from the most
recently available federal census divided by the Average
Daily Attendance of the school district. If, however, (i) the
percentage decrease from the 2 most recent federal censuses
in the low-income eligible pupil count of a high school
district with fewer than 400 students exceeds by 75% or more
the percentage change in the total low-income eligible pupil
count of contiguous elementary school districts, whose
boundaries are coterminous with the high school district, or
(ii) a high school district within 2 counties and serving 5
elementary school districts, whose boundaries are coterminous
with the high school district, has a percentage decrease from
the 2 most recent federal censuses in the low-income eligible
pupil count and there is a percentage increase in the total
low-income eligible pupil count of a majority of the
elementary school districts in excess of 50% from the 2 most
recent federal censuses, then the high school district's
low-income eligible pupil count from the earlier federal
census shall be the number used as the low-income eligible
pupil count for the high school district, for purposes of
this subsection (H). The changes made to this paragraph (1)
by Public Act 92-28 this amendatory Act of the 92nd General
Assembly shall apply to supplemental general State aid grants
paid in fiscal year 1999 and in each fiscal year thereafter
and to any State aid payments made in fiscal year 1994
through fiscal year 1998 pursuant to subsection 1(n) of
Section 18-8 of this Code (which was repealed on July 1,
1998), and any high school district that is affected by
Public Act 92-28 this amendatory Act of the 92nd General
Assembly is entitled to a recomputation of its supplemental
general State aid grant or State aid paid in any of those
fiscal years. This recomputation shall not be affected by
any other funding.
(2) Supplemental general State aid pursuant to this
subsection (H) shall be provided as follows for the
1998-1999, 1999-2000, and 2000-2001 school years only:
(a) For any school district with a Low Income
Concentration Level of at least 20% and less than 35%,
the grant for any school year shall be $800 multiplied by
the low income eligible pupil count.
(b) For any school district with a Low Income
Concentration Level of at least 35% and less than 50%,
the grant for the 1998-1999 school year shall be $1,100
multiplied by the low income eligible pupil count.
(c) For any school district with a Low Income
Concentration Level of at least 50% and less than 60%,
the grant for the 1998-99 school year shall be $1,500
multiplied by the low income eligible pupil count.
(d) For any school district with a Low Income
Concentration Level of 60% or more, the grant for the
1998-99 school year shall be $1,900 multiplied by the low
income eligible pupil count.
(e) For the 1999-2000 school year, the per pupil
amount specified in subparagraphs (b), (c), and (d)
immediately above shall be increased to $1,243, $1,600,
and $2,000, respectively.
(f) For the 2000-2001 school year, the per pupil
amounts specified in subparagraphs (b), (c), and (d)
immediately above shall be $1,273, $1,640, and $2,050,
respectively.
(2.5) Supplemental general State aid pursuant to this
subsection (H) shall be provided as follows for the 2001-2002
school year and each school year thereafter:
(a) For any school district with a Low Income
Concentration Level of less than 10%, the grant for each
school year shall be $355 multiplied by the low income
eligible pupil count.
(b) For any school district with a Low Income
Concentration Level of at least 10% and less than 20%,
the grant for each school year shall be $675 multiplied
by the low income eligible pupil count.
(c) For any school district with a Low Income
Concentration Level of at least 20% and less than 35%,
the grant for each school year shall be $1,190 multiplied
by the low income eligible pupil count.
(d) For any school district with a Low Income
Concentration Level of at least 35% and less than 50%,
the grant for each school year shall be $1,333 multiplied
by the low income eligible pupil count.
(e) For any school district with a Low Income
Concentration Level of at least 50% and less than 60%,
the grant for each school year shall be $1,680 multiplied
by the low income eligible pupil count.
(f) For any school district with a Low Income
Concentration Level of 60% or more, the grant for each
school year shall be $2,080 multiplied by the low income
eligible pupil count.
(3) School districts with an Average Daily Attendance of
more than 1,000 and less than 50,000 that qualify for
supplemental general State aid pursuant to this subsection
shall submit a plan to the State Board of Education prior to
October 30 of each year for the use of the funds resulting
from this grant of supplemental general State aid for the
improvement of instruction in which priority is given to
meeting the education needs of disadvantaged children. Such
plan shall be submitted in accordance with rules and
regulations promulgated by the State Board of Education.
(4) School districts with an Average Daily Attendance of
50,000 or more that qualify for supplemental general State
aid pursuant to this subsection shall be required to
distribute from funds available pursuant to this Section, no
less than $261,000,000 in accordance with the following
requirements:
(a) The required amounts shall be distributed to
the attendance centers within the district in proportion
to the number of pupils enrolled at each attendance
center who are eligible to receive free or reduced-price
lunches or breakfasts under the federal Child Nutrition
Act of 1966 and under the National School Lunch Act
during the immediately preceding school year.
(b) The distribution of these portions of
supplemental and general State aid among attendance
centers according to these requirements shall not be
compensated for or contravened by adjustments of the
total of other funds appropriated to any attendance
centers, and the Board of Education shall utilize funding
from one or several sources in order to fully implement
this provision annually prior to the opening of school.
(c) Each attendance center shall be provided by the
school district a distribution of noncategorical funds
and other categorical funds to which an attendance center
is entitled under law in order that the general State aid
and supplemental general State aid provided by
application of this subsection supplements rather than
supplants the noncategorical funds and other categorical
funds provided by the school district to the attendance
centers.
(d) Any funds made available under this subsection
that by reason of the provisions of this subsection are
not required to be allocated and provided to attendance
centers may be used and appropriated by the board of the
district for any lawful school purpose.
(e) Funds received by an attendance center pursuant
to this subsection shall be used by the attendance center
at the discretion of the principal and local school
council for programs to improve educational opportunities
at qualifying schools through the following programs and
services: early childhood education, reduced class size
or improved adult to student classroom ratio, enrichment
programs, remedial assistance, attendance improvement,
and other educationally beneficial expenditures which
supplement the regular and basic programs as determined
by the State Board of Education. Funds provided shall not
be expended for any political or lobbying purposes as
defined by board rule.
(f) Each district subject to the provisions of this
subdivision (H)(4) shall submit an acceptable plan to
meet the educational needs of disadvantaged children, in
compliance with the requirements of this paragraph, to
the State Board of Education prior to July 15 of each
year. This plan shall be consistent with the decisions of
local school councils concerning the school expenditure
plans developed in accordance with part 4 of Section
34-2.3. The State Board shall approve or reject the plan
within 60 days after its submission. If the plan is
rejected, the district shall give written notice of
intent to modify the plan within 15 days of the
notification of rejection and then submit a modified plan
within 30 days after the date of the written notice of
intent to modify. Districts may amend approved plans
pursuant to rules promulgated by the State Board of
Education.
Upon notification by the State Board of Education
that the district has not submitted a plan prior to July
15 or a modified plan within the time period specified
herein, the State aid funds affected by that plan or
modified plan shall be withheld by the State Board of
Education until a plan or modified plan is submitted.
If the district fails to distribute State aid to
attendance centers in accordance with an approved plan,
the plan for the following year shall allocate funds, in
addition to the funds otherwise required by this
subsection, to those attendance centers which were
underfunded during the previous year in amounts equal to
such underfunding.
For purposes of determining compliance with this
subsection in relation to the requirements of attendance
center funding, each district subject to the provisions
of this subsection shall submit as a separate document by
December 1 of each year a report of expenditure data for
the prior year in addition to any modification of its
current plan. If it is determined that there has been a
failure to comply with the expenditure provisions of this
subsection regarding contravention or supplanting, the
State Superintendent of Education shall, within 60 days
of receipt of the report, notify the district and any
affected local school council. The district shall within
45 days of receipt of that notification inform the State
Superintendent of Education of the remedial or corrective
action to be taken, whether by amendment of the current
plan, if feasible, or by adjustment in the plan for the
following year. Failure to provide the expenditure
report or the notification of remedial or corrective
action in a timely manner shall result in a withholding
of the affected funds.
The State Board of Education shall promulgate rules
and regulations to implement the provisions of this
subsection. No funds shall be released under this
subdivision (H)(4) to any district that has not submitted
a plan that has been approved by the State Board of
Education.
(I) General State Aid for Newly Configured School Districts.
(1) For a new school district formed by combining
property included totally within 2 or more previously
existing school districts, for its first year of existence
the general State aid and supplemental general State aid
calculated under this Section shall be computed for the new
district and for the previously existing districts for which
property is totally included within the new district. If the
computation on the basis of the previously existing districts
is greater, a supplementary payment equal to the difference
shall be made for the first 4 years of existence of the new
district.
(2) For a school district which annexes all of the
territory of one or more entire other school districts, for
the first year during which the change of boundaries
attributable to such annexation becomes effective for all
purposes as determined under Section 7-9 or 7A-8, the general
State aid and supplemental general State aid calculated under
this Section shall be computed for the annexing district as
constituted after the annexation and for the annexing and
each annexed district as constituted prior to the annexation;
and if the computation on the basis of the annexing and
annexed districts as constituted prior to the annexation is
greater, a supplementary payment equal to the difference
shall be made for the first 4 years of existence of the
annexing school district as constituted upon such annexation.
(3) For 2 or more school districts which annex all of
the territory of one or more entire other school districts,
and for 2 or more community unit districts which result upon
the division (pursuant to petition under Section 11A-2) of
one or more other unit school districts into 2 or more parts
and which together include all of the parts into which such
other unit school district or districts are so divided, for
the first year during which the change of boundaries
attributable to such annexation or division becomes effective
for all purposes as determined under Section 7-9 or 11A-10,
as the case may be, the general State aid and supplemental
general State aid calculated under this Section shall be
computed for each annexing or resulting district as
constituted after the annexation or division and for each
annexing and annexed district, or for each resulting and
divided district, as constituted prior to the annexation or
division; and if the aggregate of the general State aid and
supplemental general State aid as so computed for the
annexing or resulting districts as constituted after the
annexation or division is less than the aggregate of the
general State aid and supplemental general State aid as so
computed for the annexing and annexed districts, or for the
resulting and divided districts, as constituted prior to the
annexation or division, then a supplementary payment equal to
the difference shall be made and allocated between or among
the annexing or resulting districts, as constituted upon such
annexation or division, for the first 4 years of their
existence. The total difference payment shall be allocated
between or among the annexing or resulting districts in the
same ratio as the pupil enrollment from that portion of the
annexed or divided district or districts which is annexed to
or included in each such annexing or resulting district bears
to the total pupil enrollment from the entire annexed or
divided district or districts, as such pupil enrollment is
determined for the school year last ending prior to the date
when the change of boundaries attributable to the annexation
or division becomes effective for all purposes. The amount
of the total difference payment and the amount thereof to be
allocated to the annexing or resulting districts shall be
computed by the State Board of Education on the basis of
pupil enrollment and other data which shall be certified to
the State Board of Education, on forms which it shall provide
for that purpose, by the regional superintendent of schools
for each educational service region in which the annexing and
annexed districts, or resulting and divided districts are
located.
(3.5) Claims for financial assistance under this
subsection (I) shall not be recomputed except as expressly
provided under this Section.
(4) Any supplementary payment made under this subsection
(I) shall be treated as separate from all other payments made
pursuant to this Section.
(J) Supplementary Grants in Aid.
(1) Notwithstanding any other provisions of this
Section, the amount of the aggregate general State aid in
combination with supplemental general State aid under this
Section for which each school district is eligible shall be
no less than the amount of the aggregate general State aid
entitlement that was received by the district under Section
18-8 (exclusive of amounts received under subsections 5(p)
and 5(p-5) of that Section) for the 1997-98 school year,
pursuant to the provisions of that Section as it was then in
effect. If a school district qualifies to receive a
supplementary payment made under this subsection (J), the
amount of the aggregate general State aid in combination with
supplemental general State aid under this Section which that
district is eligible to receive for each school year shall be
no less than the amount of the aggregate general State aid
entitlement that was received by the district under Section
18-8 (exclusive of amounts received under subsections 5(p)
and 5(p-5) of that Section) for the 1997-1998 school year,
pursuant to the provisions of that Section as it was then in
effect.
(2) If, as provided in paragraph (1) of this subsection
(J), a school district is to receive aggregate general State
aid in combination with supplemental general State aid under
this Section for the 1998-99 school year and any subsequent
school year that in any such school year is less than the
amount of the aggregate general State aid entitlement that
the district received for the 1997-98 school year, the school
district shall also receive, from a separate appropriation
made for purposes of this subsection (J), a supplementary
payment that is equal to the amount of the difference in the
aggregate State aid figures as described in paragraph (1).
(3) (Blank).
(K) Grants to Laboratory and Alternative Schools.
In calculating the amount to be paid to the governing
board of a public university that operates a laboratory
school under this Section or to any alternative school that
is operated by a regional superintendent of schools, the
State Board of Education shall require by rule such reporting
requirements as it deems necessary.
As used in this Section, "laboratory school" means a
public school which is created and operated by a public
university and approved by the State Board of Education. The
governing board of a public university which receives funds
from the State Board under this subsection (K) may not
increase the number of students enrolled in its laboratory
school from a single district, if that district is already
sending 50 or more students, except under a mutual agreement
between the school board of a student's district of residence
and the university which operates the laboratory school. A
laboratory school may not have more than 1,000 students,
excluding students with disabilities in a special education
program.
As used in this Section, "alternative school" means a
public school which is created and operated by a Regional
Superintendent of Schools and approved by the State Board of
Education. Such alternative schools may offer courses of
instruction for which credit is given in regular school
programs, courses to prepare students for the high school
equivalency testing program or vocational and occupational
training. A regional superintendent of schools may contract
with a school district or a public community college district
to operate an alternative school. An alternative school
serving more than one educational service region may be
established by the regional superintendents of schools of the
affected educational service regions. An alternative school
serving more than one educational service region may be
operated under such terms as the regional superintendents of
schools of those educational service regions may agree.
Each laboratory and alternative school shall file, on
forms provided by the State Superintendent of Education, an
annual State aid claim which states the Average Daily
Attendance of the school's students by month. The best 3
months' Average Daily Attendance shall be computed for each
school. The general State aid entitlement shall be computed
by multiplying the applicable Average Daily Attendance by the
Foundation Level as determined under this Section.
(L) Payments, Additional Grants in Aid and Other
Requirements.
(1) For a school district operating under the financial
supervision of an Authority created under Article 34A, the
general State aid otherwise payable to that district under
this Section, but not the supplemental general State aid,
shall be reduced by an amount equal to the budget for the
operations of the Authority as certified by the Authority to
the State Board of Education, and an amount equal to such
reduction shall be paid to the Authority created for such
district for its operating expenses in the manner provided in
Section 18-11. The remainder of general State school aid for
any such district shall be paid in accordance with Article
34A when that Article provides for a disposition other than
that provided by this Article.
(2) (Blank).
(3) Summer school. Summer school payments shall be made
as provided in Section 18-4.3.
(M) Education Funding Advisory Board.
The Education Funding Advisory Board, hereinafter in this
subsection (M) referred to as the "Board", is hereby created.
The Board shall consist of 5 members who are appointed by the
Governor, by and with the advice and consent of the Senate.
The members appointed shall include representatives of
education, business, and the general public. One of the
members so appointed shall be designated by the Governor at
the time the appointment is made as the chairperson of the
Board. The initial members of the Board may be appointed any
time after the effective date of this amendatory Act of 1997.
The regular term of each member of the Board shall be for 4
years from the third Monday of January of the year in which
the term of the member's appointment is to commence, except
that of the 5 initial members appointed to serve on the
Board, the member who is appointed as the chairperson shall
serve for a term that commences on the date of his or her
appointment and expires on the third Monday of January, 2002,
and the remaining 4 members, by lots drawn at the first
meeting of the Board that is held after all 5 members are
appointed, shall determine 2 of their number to serve for
terms that commence on the date of their respective
appointments and expire on the third Monday of January, 2001,
and 2 of their number to serve for terms that commence on the
date of their respective appointments and expire on the third
Monday of January, 2000. All members appointed to serve on
the Board shall serve until their respective successors are
appointed and confirmed. Vacancies shall be filled in the
same manner as original appointments. If a vacancy in
membership occurs at a time when the Senate is not in
session, the Governor shall make a temporary appointment
until the next meeting of the Senate, when he or she shall
appoint, by and with the advice and consent of the Senate, a
person to fill that membership for the unexpired term. If
the Senate is not in session when the initial appointments
are made, those appointments shall be made as in the case of
vacancies.
The Education Funding Advisory Board shall be deemed
established, and the initial members appointed by the
Governor to serve as members of the Board shall take office,
on the date that the Governor makes his or her appointment of
the fifth initial member of the Board, whether those initial
members are then serving pursuant to appointment and
confirmation or pursuant to temporary appointments that are
made by the Governor as in the case of vacancies.
The State Board of Education shall provide such staff
assistance to the Education Funding Advisory Board as is
reasonably required for the proper performance by the Board
of its responsibilities.
For school years after the 2000-2001 school year, the
Education Funding Advisory Board, in consultation with the
State Board of Education, shall make recommendations as
provided in this subsection (M) to the General Assembly for
the foundation level under subdivision (B)(3) of this Section
and for the supplemental general State aid grant level under
subsection (H) of this Section for districts with high
concentrations of children from poverty. The recommended
foundation level shall be determined based on a methodology
which incorporates the basic education expenditures of
low-spending schools exhibiting high academic performance.
The Education Funding Advisory Board shall make such
recommendations to the General Assembly on January 1 of odd
numbered years, beginning January 1, 2001.
(N) (Blank).
(O) References.
(1) References in other laws to the various subdivisions
of Section 18-8 as that Section existed before its repeal and
replacement by this Section 18-8.05 shall be deemed to refer
to the corresponding provisions of this Section 18-8.05, to
the extent that those references remain applicable.
(2) References in other laws to State Chapter 1 funds
shall be deemed to refer to the supplemental general State
aid provided under subsection (H) of this Section.
(Source: P.A. 91-24, eff. 7-1-99; 91-93, eff. 7-9-99; 91-96,
eff. 7-9-99; 91-111, eff. 7-14-99; 91-357, eff. 7-29-99;
91-533, eff. 8-13-99; 92-7, eff. 6-29-01; 92-16, eff.
6-28-01; 92-28, eff. 7-1-01; 92-29, eff. 7-1-01; 92-269, eff.
8-7-01; revised 8-7-01.)
(105 ILCS 5/22-27)
Sec. 22-27. World War II and Korean Conflict veterans;
diplomas.
(a) Upon the request, the school board of any district
that maintains grades 10 through 12 may award a diploma to
any honorably discharged veteran who:
(1) served in the armed forces of the United States
during World War II or the Korean Conflict;
(2) resided within an area currently within the
district;
(3) left high school before graduating in order to
serve in the armed forces of the United States; and
(4) has not received a high school diploma.
(b) The State Board of Education and the Department of
Veterans' Affairs may issue rules consistent with the
provisions of this Section that are necessary to implement
this Section.
(Source: P.A. 92-446, eff. 1-1-02; revised 12-04-01.)
(105 ILCS 5/34A-403.1)
Sec. 34A-403.1. Fiscal year 1994 contracts.
Notwithstanding any provision of this Article to the
contrary, the failure of a Board to have a Financial Plan
approved by the School Finance Authority within 90 days after
the effective date of this amendatory Act of 1993 shall not
impair the Board's power to enter into any contract or other
obligation or the Authority's powers and responsibilities
under Sections 34A-404, 34A-405 34-405, and 34A-405.2 or in
any other way affect the operations of the Board.
(Source: P.A. 88-511; revised 12-07-01.)
Section 38. The Public Community College Act is amended
by renumbering and changing Section 3.25.2 as follows:
(110 ILCS 805/3-25.2) (from Ch. 122, par. 103-25.2)
Sec. 3-25.2. Armed forces recruiting and training.
3.25.2.
(a) To provide, on an equal basis, access to the campus
to the official recruiting representatives of the armed
forces of Illinois and the United States for the purpose of
informing students of the educational and career
opportunities available in the military if the board has
provided such access to persons or groups whose purpose is to
acquaint students with educational or occupational
opportunities available to them. The board is not required
to give greater notice regarding the right of access to
recruiting representatives than is given to other persons and
groups.
(b) To not bar or exclude from its curriculum, campus,
or school facilities any armed forces training program or
organization operated under the authority of the United
States government because the program or organization
complies with rules, regulations, or policies of the United
States government or any agency, branch, or department
thereof.
(Source: P.A. 87-788; revised 12-04-01.)
Section 39. The Nurses in Advancement Law is amended by
changing Section 1-20 as follows:
(110 ILCS 970/1-20) (from Ch. 144, par. 2781-20)
Sec. 1-20. Scholarship requirements. It shall be lawful
for any organization to condition any loan or grant upon the
recipient's executing an agreement to commit not more than 5
years of his or her professional career to the goals
specifically outlined within the agreement including a
requirement that recipient practice nursing or medicine in
specifically designated practice and geographic areas.
Any agreement executed by an organization and any
recipient of loan or grant assistance shall contain a
provision for liquidated damages to be paid for any breach
breech of any provision of the agreement, or any commitment
contained therein, together with attorney's fees and costs
for the enforcement thereof. Any such covenant shall be
valid and enforceable in the courts of this State as
liquidated damages and shall not be considered a penalty,
provided that the provision for liquidated damages does not
exceed $2,500 for each year remaining for the performance of
the agreement.
This Section shall not be construed as pertaining to or
limiting any liquidated damages resulting from scholarships
awarded under the Family Practice Residency Act.
(Source: P.A. 87-633; revised 12-04-01.)
Section 40. The Illinois Banking Act is amended by
changing Sections 14 and 48 as follows:
(205 ILCS 5/14) (from Ch. 17, par. 321)
Sec. 14. Stock. Unless otherwise provided for in this
Act provisions of general application to stock of a state
bank shall be as follows:
(1) All banks shall have their capital divided into
shares of a par value of not less than $1 each and not more
than $100 each, however, the par value of shares of a bank
effecting a reverse stock split pursuant to item (8) of
subsection (a) of Section 17 may temporarily exceed this
limit provided it conforms to the limits immediately after
the reverse stock split is completed. No issue of capital
stock or preferred stock shall be valid until not less than
the par value of all such stock so issued shall be paid in
and notice thereof by the president, a vice-president or
cashier of the bank has been transmitted to the Commissioner.
In the case of an increase in capital stock by the
declaration of a stock dividend, the capitalization of
retained earnings effected by such stock dividend shall
constitute the payment for such shares required by the
preceding sentence, provided that the surplus of said bank
after such stock dividend shall be at least equal to fifty
per cent of the capital as increased. The charter shall not
limit or deny the voting power of the shares of any class of
stock except as provided in Section 15(3) of this Act.
(2) Pursuant to action taken in accordance with the
requirements of Section 17, a bank may issue preferred stock
of one or more classes as shall be approved by the
Commissioner as hereinafter provided, and make such amendment
to its charter as may be necessary for this purpose; but in
the case of any newly organized bank which has not yet issued
capital stock the requirements of Section 17 shall not apply.
(3) Without limiting the authority herein contained a
bank, when so provided in its charter and when approved by
the Commissioner, may issue shares of preferred stock:
(a) Subject to the right of the bank to redeem any
of such shares at not exceeding the price fixed by the
charter for the redemption thereof;
(b) Subject to the provisions of subsection (8) of
this Section 14 entitling the holders thereof to
cumulative or noncumulative dividends;
(c) Having preference over any other class or
classes of shares as to the payment of dividends;
(d) Having preference as to the assets of the bank
over any other class or classes of shares upon the
voluntary or involuntary liquidation of the bank;
(e) Convertible into shares of any other class of
stock, provided that preferred shares shall not be
converted into shares of a different par value unless
that part of the capital of the bank represented by such
preferred shares is at the time of the conversion equal
to the aggregate par value of the shares into which the
preferred shares are to be converted.
(4) If any part of the capital of a bank consists of
preferred stock, the determination of whether or not the
capital of such bank is impaired and the amount of such
impairment shall be based upon the par value of its stock
even though the amount which the holders of such preferred
stock shall be entitled to receive in the event of retirement
or liquidation shall be in excess of the par value of such
preferred stock.
(5) Pursuant to action taken in accordance with the
requirements of Section 17 of this Act, a state bank may
provide for a specified number of authorized but unissued
shares of capital stock for one or more of the following
purposes:
(a) Reserved for issuance under stock option plan
or plans to directors, officers or employees;
(b) Reserved for issuance upon conversion of
convertible preferred stock issued pursuant to and in
compliance with the provisions of subsections (2) and (3)
of this Section 14.
(c) Reserved for issuance upon conversion of
convertible debentures or other convertible evidences of
indebtedness issued by a state bank, provided always that
the terms of such conversion have been approved by the
Commissioner;
(d) Reserved for issuance by the declaration of a
stock dividend. If and when any shares of capital stock
are proposed to be authorized and reserved for any of the
purposes set forth in subparagraphs (a), (b) or (c)
above, the notice of the meeting, whether special or
annual, of stockholders at which such proposition is to
be considered shall be accompanied by a statement setting
forth or summarizing the terms upon which the shares of
capital stock so reserved are to be issued, and the
extent to which any preemptive rights of stockholders are
inapplicable to the issuance of the shares so reserved or
to the convertible preferred stock or convertible
debentures or other convertible evidences of
indebtedness, and the approving vote of the holders of at
least two-thirds of the outstanding shares of stock
entitled to vote at such meeting of the terms of such
issuance shall be requisite for the adoption of any
amendment providing for the reservation of authorized but
unissued shares for any of said purposes. Nothing in this
subsection (5) contained shall be deemed to authorize the
issuance of any capital stock for a consideration less
than the par value thereof.
(6) Upon written application to the Commissioner 60 days
prior to the proposed purchase and receipt of the written
approval of the Commissioner, a state bank may purchase and
hold as treasury stock such amounts of the total number of
issued and outstanding shares of its capital and preferred
stock outstanding as the Commissioner determines is
consistent with safety and soundness of the bank. The
Commissioner may specify the manner of accounting for the
treasury stock and the form of notice prior to ultimate
disposition of the shares. Except as authorized in this
subsection, it shall not be lawful for a state bank to
purchase or hold any additional such shares or securities
described in subsection (2) of Section 37 unless necessary to
prevent loss upon a debt previously contracted in good faith,
in which event such shares or securities so purchased or
acquired shall, within 6 months from the time of purchase or
acquisition, be sold or disposed of at public or private
sale. Any state bank which intends to purchase and hold
treasury stock as authorized in this subsection (6) shall
file a written application with the Commissioner 60 days
prior to any such proposed purchase. The application shall
state the number of shares to be purchased, the consideration
for the shares, the name and address of the person from whom
the shares are to be purchased, if known, and the total
percentage of its issued and outstanding shares to be held by
the bank after the purchase. The total consideration paid by
a state bank for treasury stock shall reduce capital and
surplus of the bank for purposes of Sections of this Act
relating to lending and investment limits which require
computation of capital and surplus. After considering and
approving an application to purchase and hold treasury stock
under this subsection, the Commissioner may waive or reduce
the balance of the 60 day application period. The
Commissioner may specify the form of the application for
approval to acquire treasury stock and promulgate rules and
regulations for the administration of this subsection (6). A
state bank may, acquire or resell its own owns shares as
treasury stock pursuant to this subsection (6) without a
change in its charter pursuant to Section 17. Such stock may
be held for any purpose permitted in subsection (5) of this
Section 14 or may be resold upon such reasonable terms as the
board of directors may determine provided notice is given to
the Commissioner prior to the resale of such stock.
(7) During the time that a state bank shall continue its
banking business, it shall not withdraw or permit to be
withdrawn, either in the form of dividends or otherwise, any
portion of its capital, but nothing in this subsection shall
prevent a reduction or change of the capital stock or the
preferred stock under the provisions of Sections 17 through
30 of this Act, a purchase of treasury stock under the
provisions of subsection (6) of this Section 14 or a
redemption of preferred stock pursuant to charter provisions
therefor.
(8) (a) Subject to the provisions of this Act, the board
of directors of a state bank from time to time may
declare a dividend of so much of the net profits of such
bank as it shall judge expedient, but each bank before
the declaration of a dividend shall carry at least
one-tenth of its net profits since the date of the
declaration of the last preceding dividend, or since the
issuance of its charter in the case of its first
dividend, to its surplus until the same shall be equal to
its capital.
(b) No dividends shall be paid by a state bank
while it continues its banking business to an amount
greater than its net profits then on hand, deducting
first therefrom its losses and bad debts. All debts due
to a state bank on which interest is past due and unpaid
for a period of 6 months or more, unless the same are
well secured and in the process of collection, shall be
considered bad debts.
(9) A State bank may, but shall not be obliged to, issue
a certificate for a fractional share, and, by action of its
board of directors, may in lieu thereof, pay cash equal to
the value of the fractional share. A certificate for a
fractional share shall entitle the holder to exercise
fractional voting rights, to receive dividends, and to
participate in any of the assets of the bank in the event of
liquidation.
(Source: P.A. 92-483, eff. 8-23-01; revised 12-07-01.)
(205 ILCS 5/48) (from Ch. 17, par. 359)
Sec. 48. Commissioner's powers; duties. The Commissioner
shall have the powers and authority, and is charged with the
duties and responsibilities designated in this Act, and a
State bank shall not be subject to any other visitorial power
other than as authorized by this Act, except those vested in
the courts, or upon prior consultation with the Commissioner,
a foreign bank regulator with an appropriate supervisory
interest in the parent or affiliate of a state bank. In the
performance of the Commissioner's duties:
(1) The Commissioner shall call for statements from all
State banks as provided in Section 47 at least one time
during each calendar quarter.
(2) (a) The Commissioner, as often as the Commissioner
shall deem necessary or proper, and no less frequently than
18 months following the preceding examination, shall appoint
a suitable person or persons to make an examination of the
affairs of every State bank, except that for every eligible
State bank, as defined by regulation, the Commissioner in
lieu of the examination may accept on an alternating basis
the examination made by the eligible State bank's appropriate
federal banking agency pursuant to Section 111 of the Federal
Deposit Insurance Corporation Improvement Act of 1991,
provided the appropriate federal banking agency has made such
an examination. A person so appointed shall not be a
stockholder or officer or employee of any bank which that
person may be directed to examine, and shall have powers to
make a thorough examination into all the affairs of the bank
and in so doing to examine any of the officers or agents or
employees thereof on oath and shall make a full and detailed
report of the condition of the bank to the Commissioner. In
making the examination the examiners shall include an
examination of the affairs of all the affiliates of the bank,
as defined in subsection (b) of Section 35.2 of this Act, or
subsidiaries of the bank as shall be necessary to disclose
fully the conditions of the subsidiaries or affiliates, the
relations between the bank and the subsidiaries or affiliates
and the effect of those relations upon the affairs of the
bank, and in connection therewith shall have power to examine
any of the officers, directors, agents, or employees of the
subsidiaries or affiliates on oath. After May 31, 1997, the
Commissioner may enter into cooperative agreements with state
regulatory authorities of other states to provide for
examination of State bank branches in those states, and the
Commissioner may accept reports of examinations of State bank
branches from those state regulatory authorities. These
cooperative agreements may set forth the manner in which the
other state regulatory authorities may be compensated for
examinations prepared for and submitted to the Commissioner.
(b) After May 31, 1997, the Commissioner is authorized
to examine, as often as the Commissioner shall deem necessary
or proper, branches of out-of-state banks. The Commissioner
may establish and may assess fees to be paid to the
Commissioner for examinations under this subsection (b). The
fees shall be borne by the out-of-state bank, unless the fees
are borne by the state regulatory authority that chartered
the out-of-state bank, as determined by a cooperative
agreement between the Commissioner and the state regulatory
authority that chartered the out-of-state bank.
(2.5) Whenever any State bank, any subsidiary or
affiliate of a State bank, or after May 31, 1997, any branch
of an out-of-state bank causes to be performed, by contract
or otherwise, any bank services for itself, whether on or off
its premises:
(a) that performance shall be subject to
examination by the Commissioner to the same extent as if
services were being performed by the bank or, after May
31, 1997, branch of the out-of-state bank itself on its
own premises; and
(b) the bank or, after May 31, 1997, branch of the
out-of-state bank shall notify the Commissioner of the
existence of a service relationship. The notification
shall be submitted with the first statement of condition
(as required by Section 47 of this Act) due after the
making of the service contract or the performance of the
service, whichever occurs first. The Commissioner shall
be notified of each subsequent contract in the same
manner.
For purposes of this subsection (2.5), the term "bank
services" means services such as sorting and posting of
checks and deposits, computation and posting of interest and
other credits and charges, preparation and mailing of checks,
statements, notices, and similar items, or any other
clerical, bookkeeping, accounting, statistical, or similar
functions performed for a State bank, including but not
limited to electronic data processing related to those bank
services.
(3) The expense of administering this Act, including the
expense of the examinations of State banks as provided in
this Act, shall to the extent of the amounts resulting from
the fees provided for in paragraphs (a), (a-2), and (b) of
this subsection (3) be assessed against and borne by the
State banks:
(a) Each bank shall pay to the Commissioner a Call
Report Fee which shall be paid in quarterly installments
equal to one-fourth of the sum of the annual fixed fee of
$800, plus a variable fee based on the assets shown on
the quarterly statement of condition delivered to the
Commissioner in accordance with Section 47 for the
preceding quarter according to the following schedule:
16¢ per $1,000 of the first $5,000,000 of total assets,
15¢ per $1,000 of the next $20,000,000 of total assets,
13¢ per $1,000 of the next $75,000,000 of total assets,
9¢ per $1,000 of the next $400,000,000 of total assets,
7¢ per $1,000 of the next $500,000,000 of total assets,
and 5¢ per $1,000 of all assets in excess of
$1,000,000,000, of the State bank. The Call Report Fee
shall be calculated by the Commissioner and billed to the
banks for remittance at the time of the quarterly
statements of condition provided for in Section 47. The
Commissioner may require payment of the fees provided in
this Section by an electronic transfer of funds or an
automatic debit of an account of each of the State banks.
In case more than one examination of any bank is deemed
by the Commissioner to be necessary in any examination
frequency cycle specified in subsection 2(a) of this
Section, and is performed at his direction, the
Commissioner may assess a reasonable additional fee to
recover the cost of the additional examination; provided,
however, that an examination conducted at the request of
the State Treasurer pursuant to the Uniform Disposition
of Unclaimed Property Act shall not be deemed to be an
additional examination under this Section. In lieu of the
method and amounts set forth in this paragraph (a) for
the calculation of the Call Report Fee, the Commissioner
may specify by rule that the Call Report Fees provided by
this Section may be assessed semiannually or some other
period and may provide in the rule the formula to be used
for calculating and assessing the periodic Call Report
Fees to be paid by State banks.
(a-1) If in the opinion of the Commissioner an
emergency exists or appears likely, the Commissioner may
assign an examiner or examiners to monitor the affairs of
a State bank with whatever frequency he deems
appropriate, including but not limited to a daily basis.
The reasonable and necessary expenses of the Commissioner
during the period of the monitoring shall be borne by the
subject bank. The Commissioner shall furnish the State
bank a statement of time and expenses if requested to do
so within 30 days of the conclusion of the monitoring
period.
(a-2) On and after January 1, 1990, the reasonable
and necessary expenses of the Commissioner during
examination of the performance of electronic data
processing services under subsection (2.5) shall be borne
by the banks for which the services are provided. An
amount, based upon a fee structure prescribed by the
Commissioner, shall be paid by the banks or, after May
31, 1997, branches of out-of-state banks receiving the
electronic data processing services along with the Call
Report Fee assessed under paragraph (a) of this
subsection (3).
(a-3) After May 31, 1997, the reasonable and
necessary expenses of the Commissioner during examination
of the performance of electronic data processing services
under subsection (2.5) at or on behalf of branches of
out-of-state banks shall be borne by the out-of-state
banks, unless those expenses are borne by the state
regulatory authorities that chartered the out-of-state
banks, as determined by cooperative agreements between
the Commissioner and the state regulatory authorities
that chartered the out-of-state banks.
(b) "Fiscal year" for purposes of this Section 48
is defined as a period beginning July 1 of any year and
ending June 30 of the next year. The Commissioner shall
receive for each fiscal year, commencing with the fiscal
year ending June 30, 1987, a contingent fee equal to the
lesser of the aggregate of the fees paid by all State
banks under paragraph (a) of subsection (3) for that
year, or the amount, if any, whereby the aggregate of the
administration expenses, as defined in paragraph (c), for
that fiscal year exceeds the sum of the aggregate of the
fees payable by all State banks for that year under
paragraph (a) of subsection (3), plus any amounts
transferred into the Bank and Trust Company Fund from the
State Pensions Fund for that year, plus all other amounts
collected by the Commissioner for that year under any
other provision of this Act, plus the aggregate of all
fees collected for that year by the Commissioner under
the Corporate Fiduciary Act, excluding the receivership
fees provided for in Section 5-10 of the Corporate
Fiduciary Act, and the Foreign Banking Office Act. The
aggregate amount of the contingent fee thus arrived at
for any fiscal year shall be apportioned amongst,
assessed upon, and paid by the State banks and foreign
banking corporations, respectively, in the same
proportion that the fee of each under paragraph (a) of
subsection (3), respectively, for that year bears to the
aggregate for that year of the fees collected under
paragraph (a) of subsection (3). The aggregate amount of
the contingent fee, and the portion thereof to be
assessed upon each State bank and foreign banking
corporation, respectively, shall be determined by the
Commissioner and shall be paid by each, respectively,
within 120 days of the close of the period for which the
contingent fee is computed and is payable, and the
Commissioner shall give 20 days advance notice of the
amount of the contingent fee payable by the State bank
and of the date fixed by the Commissioner for payment of
the fee.
(c) The "administration expenses" for any fiscal
year shall mean the ordinary and contingent expenses for
that year incident to making the examinations provided
for by, and for otherwise administering, this Act, the
Corporate Fiduciary Act, excluding the expenses paid from
the Corporate Fiduciary Receivership account in the Bank
and Trust Company Fund, the Foreign Banking Office Act,
the Electronic Fund Transfer Act, and the Illinois Bank
Examiners' Education Foundation Act, including all
salaries and other compensation paid for personal
services rendered for the State by officers or employees
of the State, including the Commissioner and the Deputy
Commissioners, all expenditures for telephone and
telegraph charges, postage and postal charges, office
stationery, supplies and services, and office furniture
and equipment, including typewriters and copying and
duplicating machines and filing equipment, surety bond
premiums, and travel expenses of those officers and
employees, employees, expenditures or charges for the
acquisition, enlargement or improvement of, or for the
use of, any office space, building, or structure, or
expenditures for the maintenance thereof or for
furnishing heat, light, or power with respect thereto,
all to the extent that those expenditures are directly
incidental to such examinations or administration. The
Commissioner shall not be required by paragraphs (c) or
(d-1) of this subsection (3) to maintain in any fiscal
year's budget appropriated reserves for accrued vacation
and accrued sick leave that is required to be paid to
employees of the Commissioner upon termination of their
service with the Commissioner in an amount that is more
than is reasonably anticipated to be necessary for any
anticipated turnover in employees, whether due to normal
attrition or due to layoffs, terminations, or
resignations.
(d) The aggregate of all fees collected by the
Commissioner under this Act, the Corporate Fiduciary Act,
or the Foreign Banking Office Act on and after July 1,
1979, shall be paid promptly after receipt of the same,
accompanied by a detailed statement thereof, into the
State treasury and shall be set apart in a special fund
to be known as the "Bank and Trust Company Fund", except
as provided in paragraph (c) of subsection (11) of this
Section. All earnings received from investments of funds
in the Bank and Trust Company Fund shall be deposited in
the Bank and Trust Company Fund and may be used for the
same purposes as fees deposited in that Fund. The amount
from time to time deposited into the Bank and Trust
Company Fund shall be used to offset the ordinary
administrative expenses of the Commissioner of Banks and
Real Estate as defined in this Section. Nothing in this
amendatory Act of 1979 shall prevent continuing the
practice of paying expenses involving salaries,
retirement, social security, and State-paid insurance
premiums of State officers by appropriations from the
General Revenue Fund. However, the General Revenue Fund
shall be reimbursed for those payments made on and after
July 1, 1979, by an annual transfer of funds from the
Bank and Trust Company Fund.
(d-1) Adequate funds shall be available in the Bank
and Trust Company Fund to permit the timely payment of
administration expenses. In each fiscal year the total
administration expenses shall be deducted from the total
fees collected by the Commissioner and the remainder
transferred into the Cash Flow Reserve Account, unless
the balance of the Cash Flow Reserve Account prior to the
transfer equals or exceeds one-fourth of the total
initial appropriations from the Bank and Trust Company
Fund for the subsequent year, in which case the remainder
shall be credited to State banks and foreign banking
corporations and applied against their fees for the
subsequent year. The amount credited to each State bank
and foreign banking corporation shall be in the same
proportion as the Call Report Fees paid by each for the
year bear to the total Call Report Fees collected for the
year. If, after a transfer to the Cash Flow Reserve
Account is made or if no remainder is available for
transfer, the balance of the Cash Flow Reserve Account is
less than one-fourth of the total initial appropriations
for the subsequent year and the amount transferred is
less than 5% of the total Call Report Fees for the year,
additional amounts needed to make the transfer equal to
5% of the total Call Report Fees for the year shall be
apportioned amongst, assessed upon, and paid by the State
banks and foreign banking corporations in the same
proportion that the Call Report Fees of each,
respectively, for the year bear to the total Call Report
Fees collected for the year. The additional amounts
assessed shall be transferred into the Cash Flow Reserve
Account. For purposes of this paragraph (d-1), the
calculation of the fees collected by the Commissioner
shall exclude the receivership fees provided for in
Section 5-10 of the Corporate Fiduciary Act.
(e) The Commissioner may upon request certify to
any public record in his keeping and shall have authority
to levy a reasonable charge for issuing certifications of
any public record in his keeping.
(f) In addition to fees authorized elsewhere in
this Act, the Commissioner may, in connection with a
review, approval, or provision of a service, levy a
reasonable charge to recover the cost of the review,
approval, or service.
(4) Nothing contained in this Act shall be construed to
limit the obligation relative to examinations and reports of
any State bank, deposits in which are to any extent insured
by the United States or any agency thereof, nor to limit in
any way the powers of the Commissioner with reference to
examinations and reports of that bank.
(5) The nature and condition of the assets in or
investment of any bonus, pension, or profit sharing plan for
officers or employees of every State bank or, after May 31,
1997, branch of an out-of-state bank shall be deemed to be
included in the affairs of that State bank or branch of an
out-of-state bank subject to examination by the Commissioner
under the provisions of subsection (2) of this Section, and
if the Commissioner shall find from an examination that the
condition of or operation of the investments or assets of the
plan is unlawful, fraudulent, or unsafe, or that any trustee
has abused his trust, the Commissioner shall, if the
situation so found by the Commissioner shall not be corrected
to his satisfaction within 60 days after the Commissioner has
given notice to the board of directors of the State bank or
out-of-state bank of his findings, report the facts to the
Attorney General who shall thereupon institute proceedings
against the State bank or out-of-state bank, the board of
directors thereof, or the trustees under such plan as the
nature of the case may require.
(6) The Commissioner shall have the power:
(a) To promulgate reasonable rules for the purpose
of administering the provisions of this Act.
(a-5) To impose conditions on any approval issued
by the Commissioner if he determines that the conditions
are necessary or appropriate. These conditions shall be
imposed in writing and shall continue in effect for the
period prescribed by the Commissioner.
(b) To issue orders against any person, if the
Commissioner has reasonable cause to believe that an
unsafe or unsound banking practice has occurred, is
occurring, or is about to occur, if any person has
violated, is violating, or is about to violate any law,
rule, or written agreement with the Commissioner, or for
the purpose of administering the provisions of this Act,
and any rule promulgated in accordance with this Act.
(b-1) To enter into agreements with a bank
establishing a program to correct the condition of the
bank or its practices.
(c) To appoint hearing officers to execute any of
the powers granted to the Commissioner under this Section
for the purpose of administering this Act and any rule
promulgated in accordance with this Act and otherwise to
authorize, in writing, an officer or employee of the
Office of Banks and Real Estate to exercise his powers
under this Act.
(d) To subpoena witnesses, to compel their
attendance, to administer an oath, to examine any person
under oath, and to require the production of any relevant
books, papers, accounts, and documents in the course of
and pursuant to any investigation being conducted, or any
action being taken, by the Commissioner in respect of any
matter relating to the duties imposed upon, or the powers
vested in, the Commissioner under the provisions of this
Act or any rule promulgated in accordance with this Act.
(e) To conduct hearings.
(7) Whenever, in the opinion of the Commissioner, any
director, officer, employee, or agent of a State bank or any
subsidiary or bank holding company of the bank or, after May
31, 1997, of any branch of an out-of-state bank or any
subsidiary or bank holding company of the bank shall have
violated any law, rule, or order relating to that bank or any
subsidiary or bank holding company of the bank, shall have
obstructed or impeded any examination or investigation by the
Commissioner, shall have engaged in an unsafe or unsound
practice in conducting the business of that bank or any
subsidiary or bank holding company of the bank, or shall have
violated any law or engaged or participated in any unsafe or
unsound practice in connection with any financial institution
or other business entity such that the character and fitness
of the director, officer, employee, or agent does not assure
reasonable promise of safe and sound operation of the State
bank, the Commissioner may issue an order of removal. If, in
the opinion of the Commissioner, any former director,
officer, employee, or agent of a State bank or any subsidiary
or bank holding company of the bank, prior to the termination
of his or her service with that bank or any subsidiary or
bank holding company of the bank, violated any law, rule, or
order relating to that State bank or any subsidiary or bank
holding company of the bank, obstructed or impeded any
examination or investigation by the Commissioner, engaged in
an unsafe or unsound practice in conducting the business of
that bank or any subsidiary or bank holding company of the
bank, or violated any law or engaged or participated in any
unsafe or unsound practice in connection with any financial
institution or other business entity such that the character
and fitness of the director, officer, employee, or agent
would not have assured reasonable promise of safe and sound
operation of the State bank, the Commissioner may issue an
order prohibiting that person from further service with a
bank or any subsidiary or bank holding company of the bank as
a director, officer, employee, or agent. An order issued
pursuant to this subsection shall be served upon the
director, officer, employee, or agent. A copy of the order
shall be sent to each director of the bank affected by
registered mail. The person affected by the action may
request a hearing before the State Banking Board within 10
days after receipt of the order. The hearing shall be held
by the Board within 30 days after the request has been
received by the Board. The Board shall make a determination
approving, modifying, or disapproving the order of the
Commissioner as its final administrative decision. If a
hearing is held by the Board, the Board shall make its
determination within 60 days from the conclusion of the
hearing. Any person affected by a decision of the Board under
this subsection (7) of Section 48 of this Act may have the
decision reviewed only under and in accordance with the
Administrative Review Law and the rules adopted pursuant
thereto. A copy of the order shall also be served upon the
bank of which he is a director, officer, employee, or agent,
whereupon he shall cease to be a director, officer, employee,
or agent of that bank. The Commissioner may institute a
civil action against the director, officer, or agent of the
State bank or, after May 31, 1997, of the branch of the
out-of-state bank against whom any order provided for by this
subsection (7) of this Section 48 has been issued, and
against the State bank or, after May 31, 1997, out-of-state
bank, to enforce compliance with or to enjoin any violation
of the terms of the order. Any person who has been the
subject of an order of removal or an order of prohibition
issued by the Commissioner under this subsection or Section
5-6 of the Corporate Fiduciary Act may not thereafter serve
as director, officer, employee, or agent of any State bank or
of any branch of any out-of-state bank, or of any corporate
fiduciary, as defined in Section 1-5.05 of the Corporate
Fiduciary Act, or of any other entity that is subject to
licensure or regulation by the Commissioner or the Office of
Banks and Real Estate unless the Commissioner has granted
prior approval in writing.
For purposes of this paragraph (7), "bank holding
company" has the meaning prescribed in Section 2 of the
Illinois Bank Holding Company Act of 1957.
(8) The Commissioner may impose civil penalties of up to
$10,000 against any person for each violation of any
provision of this Act, any rule promulgated in accordance
with this Act, any order of the Commissioner, or any other
action which in the Commissioner's discretion is an unsafe or
unsound banking practice.
(9) The Commissioner may impose civil penalties of up to
$100 against any person for the first failure to comply with
reporting requirements set forth in the report of examination
of the bank and up to $200 for the second and subsequent
failures to comply with those reporting requirements.
(10) All final administrative decisions of the
Commissioner hereunder shall be subject to judicial review
pursuant to the provisions of the Administrative Review Law.
For matters involving administrative review, venue shall be
in either Sangamon County or Cook County.
(11) The endowment fund for the Illinois Bank Examiners'
Education Foundation shall be administered as follows:
(a) (Blank).
(b) The Foundation is empowered to receive
voluntary contributions, gifts, grants, bequests, and
donations on behalf of the Illinois Bank Examiners'
Education Foundation from national banks and other
persons for the purpose of funding the endowment of the
Illinois Bank Examiners' Education Foundation.
(c) The aggregate of all special educational fees
collected by the Commissioner and property received by
the Commissioner on behalf of the Illinois Bank
Examiners' Education Foundation under this subsection
(11) on or after June 30, 1986, shall be either (i)
promptly paid after receipt of the same, accompanied by a
detailed statement thereof, into the State Treasury and
shall be set apart in a special fund to be known as "The
Illinois Bank Examiners' Education Fund" to be invested
by either the Treasurer of the State of Illinois in the
Public Treasurers' Investment Pool or in any other
investment he is authorized to make or by the Illinois
State Board of Investment as the board of trustees of the
Illinois Bank Examiners' Education Foundation may direct
or (ii) deposited into an account maintained in a
commercial bank or corporate fiduciary in the name of the
Illinois Bank Examiners' Education Foundation pursuant to
the order and direction of the Board of Trustees of the
Illinois Bank Examiners' Education Foundation.
(12) (Blank).
(Source: P.A. 91-16, eff. 7-1-99; 92-20, eff. 7-1-01; 92-483,
eff. 8-23-01; revised 9-10-01.)
Section 41. The Illinois Savings and Loan Act of 1985 is
amended by changing Section 3-10 as follows:
(205 ILCS 105/3-10) (from Ch. 17, par. 3303-10)
Sec. 3-10. Prohibited Activities. No officer, director,
employee or agent of an association shall knowingly:
(a) Receive any property of the association
otherwise than in the payment for a just demand and, with
intent to defraud, omit to make or cause or direct to be
made a full and true entry thereof in its books and
accounts;
(b) Concur in omitting to make any material entry
of the receipt or possession of association property in
the books and accounts of the association;
(c) Subject to the provisions of Section 7-4 7-1.3,
make any loan to, or purchase any loan or investment
from, the Commissioner or any supervisor, examiner,
employee, expert or other special assistant employed or
appointed by the Commissioner, or knowingly concur in the
making or purchasing of such loan or investment; and
(d) Directly or indirectly grant, give or transfer,
or cause the same to be granted, given or transferred, or
concur in the granting, giving or transferring to the
Commissioner or any supervisor, examiner, employee,
expert or other special assistant employed or appointed
by the Commissioner any sum of money or any property as a
gift, reward, inducement, loan or otherwise.
(Source: P.A. 84-543; revised 12-07-01.)
Section 42. The Banking Emergencies Act is amended by
changing Section 1 as follows:
(205 ILCS 610/1) (from Ch. 17, par. 1001)
Sec. 1. Definitions. A. As used in this Act, unless the
context otherwise requires:
(1) "Commissioner" means the officer of this State
designated by law to exercise supervision over banks and
trust companies, and any other person lawfully exercising
such powers.
(2) "Bank" includes commercial banks, trust companies
and any branch thereof lawfully carrying on the business of
banking and, to the extent that the provisions hereof are not
inconsistent with and do not infringe upon paramount Federal
law, also includes national banks.
(3) "Officers" means the person or persons designated by
the board of directors, to act for the bank in carrying out
the provisions of this Act or, in the absence of any such
designation or of the officer or officers so designated, the
president or any other officer currently in charge of the
bank or of the office or offices in question.
(4) "Office" means any place at which a bank transacts
its business or conducts operations related to its business.
(5) "Emergency" means any condition or occurrence which
may interfere physically with the conduct of normal business
operations at one or more or all of the offices of a bank, or
which poses an imminent or existing threat to the safety or
security of persons or property, or both at one or more or
all of the offices of a bank. Without limiting the
generality of the foregoing, an emergency may arise as a
result of any one or more of the following: natural
disasters; civil strife; power failures; computer failures;
interruption of communication facilities; robbery or
attempted robbery.
(Source: P.A. 92-483, eff. 8-23-01; revised 10-10-01.)
Section 43. The Corporate Fiduciary Act is amended by
changing the heading of Article IVA as follows:
(205 ILCS 620/Article IVA heading)
ARTICLE IVA. MULTISTATE TRUST ACTIVITIES
Section 44. The Transmitters of Money Act is amended by
changing Section 92 as follows:
(205 ILCS 657/92)
Sec. 92. Receivership.
(a) If the Director determines that a licensee is
insolvent or is violating this Act, he or she may appoint a
receiver. Under the direction of the Director, the receiver
shall, for the purpose of receivership, take possession of
and title to the books, records, and assets of the licensee.
The Director may require the receiver to provide security in
an amount the Director deems proper. Upon appointment of the
receiver, the Director shall have published, once each week
for 4 consecutive weeks in a newspaper having a general
circulation in the community, a notice informing all persons
who have claims against the licensee to present them to the
receiver. Within 10 days after the receiver takes possession,
the licensee may apply to the Circuit Court of Sangamon
County to enjoin further proceedings. The receiver may
operate the business until the Director determines that
possession should be restored to the licensee or that the
business should be liquidated.
(b) If the Director determines that a business in
receivership should be liquidated, he or she shall direct the
Attorney General to file a complaint in the Circuit Court of
the county in which the business is located, in the name of
the People of the State of Illinois, for the orderly
liquidation and dissolution of the business and for an
injunction restraining the licensee and its officers and
directors from continuing the operation of the business.
Within 30 days after the day the Director determines that the
business should be liquidated, the receiver shall file with
the Director and with the clerk of the court that has charge
of the liquidation a correct list of all creditors, as shown
by the licensee's books and records, who have not presented
their claims. The list shall state the amount of the claim
after allowing all just credits, deductions, and set-offs as
shown by the licensee's books. These claims shall be deemed
proven unless some interested party files an objection within
the time fixed by the Director or court that has charge of
the liquidation.
(c) The General Assembly finds and declares that
transmitters of money debt management services provide
important and vital services to Illinois citizens. It is
therefore declared to be the policy of this State that
customers who receive these services must be protected from
interruptions of services. To carry out this policy and to
insure that customers of a licensee are protected if it is
determined that a business in receivership should be
liquidated, the Director shall make a distribution of moneys
collected by the receiver in the following order of priority:
(1) Allowed claims for the actual necessary
expenses of the receivership of the business being
liquidated, including:
(A) reasonable receiver's fees and receiver's
attorney's fees approved by the Director;
(B) all expenses of any preliminary or other
examinations into the condition of the receivership;
(C) all expenses incurred by the Director that
are incident to possession and control of any
property or records of the licensee's business; and
(D) reasonable expenses incurred by the
Director as the result of business agreements or
contractual arrangements necessary to insure that
the services of the licensee are delivered to the
community without interruption. These business
agreements or contractual arrangements may include,
but are not limited to, agreements made by the
Director, or by the receiver with the approval of
the Director, with banks, bonding companies, and
other types of financial institutions.
(2) Allowed unsecured claims for wages or salaries,
excluding vacation, severance, and sick leave pay earned
by employees within 90 days before the appointment of a
receiver.
(3) Allowed unsecured claims of any tax, and
interest and penalty on the tax.
(4) Allowed unsecured claims, other than a kind
specified in items (1), (2), and (3) of this subsection,
filed with the Director within the time the Director
fixes for filing claims.
(5) Allowed unsecured claims, other than a kind
specified in items (1), (2), and (3) of this subsection,
filed with the Director after the time fixed for filing
claims by the Director.
(6) Allowed creditor claims asserted by an owner,
member, or stockholder of the business in liquidation.
(7) After one year from the final dissolution of
the licensee's business, all assets not used to satisfy
allowed claims shall be distributed pro rata to the
owner, owners, members, or stockholders of the business.
The Director shall pay all claims of equal priority
according to the schedule established in this subsection and
shall not pay claims of lower priority until all higher
priority claims are satisfied. If insufficient assets are
available to meet all claims of equal priority, those assets
shall be distributed pro rata among those claims. All
unclaimed assets of a licensee and the licensee's business
shall be deposited with the Director to be paid out when
proper claims are presented to the Director.
(d) Upon the order of the circuit court of the county in
which the business being liquidated is located, the receiver
may sell or compound any bad or doubtful debt, and on like
order may sell the personal property of the business on such
terms as the court approves. The receiver shall succeed to
whatever rights or remedies the unsecured creditors of the
business may have against the owner or owners, operators,
stockholders, directors, members, managers, or officers,
arising out of their claims against the licensee's business,
but nothing contained in this Section shall prevent those
creditors from filing their claims in the liquidation
proceeding. The receiver may enforce those rights or
remedies in any court of competent jurisdiction.
(e) At the close of a receivership, the receiver shall
turn over to the Director all books of account and ledgers of
the business for preservation. The Director shall hold all
records of receiverships received at any time for a period of
2 years after the close of the receivership. The records may
be destroyed at the termination of the 2-year period. All
expenses of the receivership including, but not limited to,
reasonable receiver's and attorney's fees approved by the
Director, all expenses of any preliminary or other
examinations into the condition of the licensee's business or
the receivership, and all expenses incident to the possession
and control of any property or records of the business
incurred by the Director shall be paid out of the assets of
the licensee's business. These expenses shall be paid before
all other claims.
(f) Upon the filing of a complaint by the Attorney
General for the orderly liquidation and dissolution of a
licensee's business, as provided in this Act, all pending
suits and actions upon unsecured claims against the business
shall abate. Nothing contained in this Act, however,
prevents these claimants from filing their claims in the
liquidation proceeding. If a suit or an action is instituted
or maintained by the receiver on any bond or policy of
insurance issued pursuant to the requirements of this Act,
the bonding or insurance company sued shall not have the
right to interpose or maintain any counterclaim based upon
subrogation, upon any express or implied agreement of, or
right to, indemnity or exoneration, or upon any other express
or implied agreement with, or right against, the licensee's
business. Nothing contained in this Act prevents the bonding
or insurance company from filing this type of claim in the
liquidation proceeding.
(g) A licensee may not terminate its affairs and close
up its business unless it has first deposited with the
Director an amount of money equal to all of its debts,
liabilities, and lawful demands against it including the
costs and expenses of a proceeding under this Section,
surrendered to the Director its license, and filed with the
Director a statement of termination signed by the licensee
containing a pronouncement of intent to close up its business
and liquidate its liabilities and containing a sworn list
itemizing in full all of its debts, liabilities, and lawful
demands against it. Corporate licensees must attach to, and
make a part of the statement of termination, a copy of a
resolution providing for the termination and closing up of
the licensee's affairs, certified by the secretary of the
licensee and duly adopted at a shareholders' meeting by the
holders of at least two-thirds of the outstanding shares
entitled to vote at the meeting. Upon the filing with the
Director of a statement of termination, the Director shall
cause notice of that action to be published once each week
for 3 consecutive weeks in a public newspaper of general
circulation published in the city or village where the
business is located, and if no newspaper is published in that
place, then in a public newspaper of general circulation
nearest to that city or village. The publication shall give
notice that the debts, liabilities, and lawful demands
against the business will be redeemed by the Director upon
demand in writing made by the owner thereof, at any time
within 3 years after the date of first publication. After
the expiration of the 3-year period, the Director shall
return to the person or persons designated in the statement
of termination to receive repayment, and in the proportion
specified in that statement, any balance of money remaining
in his or her possession after first deducting all unpaid
costs and expenses incurred in connection with a proceeding
under this Section. The Director shall receive for his or her
services, exclusive of costs and expenses, 2% of any amount
up to $5,000 and 1% of any amount in excess of $5,000
deposited with him or her under this Section by any business.
Nothing contained in this Section shall affect or impair the
liability of any bonding or insurance company on any bond or
insurance policy issued under this Act relating to the
business.
(Source: P.A. 92-400, eff. 1-1-02; revised 12-04-01.)
Section 45. The Abused and Neglected Long Term Care
Facility Residents Reporting Act is amended by changing
Section 6.2 as follows:
(210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
(Section scheduled to be repealed on January 1, 2004)
Sec. 6.2. Inspector General.
(a) The Governor shall appoint, and the Senate shall
confirm, an Inspector General who shall function within the
Department of Human Services and report to the Secretary of
Human Services and the Governor. The Inspector General shall
investigate reports of suspected abuse or neglect (as those
terms are defined in Section 3 of this Act) of patients or
residents in any mental health or developmental disabilities
facility operated by the Department of Human Services and
shall have authority to investigate and take immediate action
on reports of abuse or neglect of recipients, whether
patients or residents, in any mental health or developmental
disabilities facility or program that is licensed or
certified by the Department of Human Services (as successor
to the Department of Mental Health and Developmental
Disabilities) or that is funded by the Department of Human
Services (as successor to the Department of Mental Health and
Developmental Disabilities) and is not licensed or certified
by any agency of the State. At the specific, written request
of an agency of the State other than the Department of Human
Services (as successor to the Department of Mental Health and
Developmental Disabilities), the Inspector General may
cooperate in investigating reports of abuse and neglect of
persons with mental illness or persons with developmental
disabilities. The Inspector General shall have no
supervision over or involvement in routine, programmatic,
licensure, or certification operations of the Department of
Human Services or any of its funded agencies.
The Inspector General shall promulgate rules establishing
minimum requirements for reporting allegations of abuse and
neglect and initiating, conducting, and completing
investigations. The promulgated rules shall clearly set
forth that in instances where 2 or more State agencies could
investigate an allegation of abuse or neglect, the Inspector
General shall not conduct an investigation that is redundant
to an investigation conducted by another State agency. The
rules shall establish criteria for determining, based upon
the nature of the allegation, the appropriate method of
investigation, which may include, but need not be limited to,
site visits, telephone contacts, or requests for written
responses from agencies. The rules shall also clarify how the
Office of the Inspector General shall interact with the
licensing unit of the Department of Human Services in
investigations of allegations of abuse or neglect. Any
allegations or investigations of reports made pursuant to
this Act shall remain confidential until a final report is
completed. The resident or patient who allegedly was abused
or neglected and his or her legal guardian shall be informed
by the facility or agency of the report of alleged abuse or
neglect. Final reports regarding unsubstantiated or unfounded
allegations shall remain confidential, except that final
reports may be disclosed pursuant to Section 6 of this Act.
The Inspector General shall be appointed for a term of 4
years.
When the Office of the Inspector General has
substantiated a case of abuse or neglect, the Inspector
General shall include in the final report any mitigating or
aggravating circumstances that were identified during the
investigation. Upon determination that a report of neglect
is substantiated, the Inspector General shall then determine
whether such neglect rises to the level of egregious neglect.
(b) The Inspector General shall within 24 hours after
receiving a report of suspected abuse or neglect determine
whether the evidence indicates that any possible criminal act
has been committed. If he determines that a possible criminal
act has been committed, or that special expertise is required
in the investigation, he shall immediately notify the
Department of State Police. The Department of State Police
shall investigate any report indicating a possible murder,
rape, or other felony. All investigations conducted by the
Inspector General shall be conducted in a manner designed to
ensure the preservation of evidence for possible use in a
criminal prosecution.
(b-5) The Inspector General shall make a determination
to accept or reject a preliminary report of the investigation
of alleged abuse or neglect based on established
investigative procedures. Notice of the Inspector General's
determination must be given to the person who claims to be
the victim of the abuse or neglect, to the person or persons
alleged to have been responsible for abuse or neglect, and to
the facility or agency. The facility or agency or the person
or persons alleged to have been responsible for the abuse or
neglect and the person who claims to be the victim of the
abuse or neglect may request clarification or reconsideration
based on additional information. For cases where the
allegation of abuse or neglect is substantiated, the
Inspector General shall require the facility or agency to
submit a written response. The written response from a
facility or agency shall address in a concise and reasoned
manner the actions that the agency or facility will take or
has taken to protect the resident or patient from abuse or
neglect, prevent reoccurrences, and eliminate problems
identified and shall include implementation and completion
dates for all such action.
(c) The Inspector General shall, within 10 calendar days
after the transmittal date of a completed investigation where
abuse or neglect is substantiated or administrative action is
recommended, provide a complete report on the case to the
Secretary of Human Services and to the agency in which the
abuse or neglect is alleged to have happened. The complete
report shall include a written response from the agency or
facility operated by the State to the Inspector General that
addresses in a concise and reasoned manner the actions that
the agency or facility will take or has taken to protect the
resident or patient from abuse or neglect, prevent
reoccurrences, and eliminate problems identified and shall
include implementation and completion dates for all such
action. The Secretary of Human Services shall accept or
reject the response and establish how the Department will
determine whether the facility or program followed the
approved response. The Secretary may require Department
personnel to visit the facility or agency for training,
technical assistance, programmatic, licensure, or
certification purposes. Administrative action, including
sanctions, may be applied should the Secretary reject the
response or should the facility or agency fail to follow the
approved response. The facility or agency shall inform the
resident or patient and the legal guardian whether the
reported allegation was substantiated, unsubstantiated, or
unfounded. There shall be an appeals process for any person
or agency that is subject to any action based on a
recommendation or recommendations.
(d) The Inspector General may recommend to the
Departments of Public Health and Human Services sanctions to
be imposed against mental health and developmental
disabilities facilities under the jurisdiction of the
Department of Human Services for the protection of residents,
including appointment of on-site monitors or receivers,
transfer or relocation of residents, and closure of units.
The Inspector General may seek the assistance of the Attorney
General or any of the several State's attorneys in imposing
such sanctions.
(e) The Inspector General shall establish and conduct
periodic training programs for Department employees
concerning the prevention and reporting of neglect and abuse.
(f) The Inspector General shall at all times be granted
access to any mental health or developmental disabilities
facility operated by the Department, shall establish and
conduct unannounced site visits to those facilities at least
once annually, and shall be granted access, for the purpose
of investigating a report of abuse or neglect, to any
facility or program funded by the Department that is subject
under the provisions of this Section to investigation by the
Inspector General for a report of abuse or neglect.
(g) Nothing in this Section shall limit investigations
by the Department of Human Services that may otherwise be
required by law or that may be necessary in that Department's
capacity as the central administrative authority responsible
for the operation of State mental health and developmental
disability facilities.
(g-5) After notice and an opportunity for a hearing that
is separate and distinct from the Office of the Inspector
General's appeals process as implemented under subsection (c)
of this Section, the Inspector General shall report to the
Department of Public Health's nurse aide registry under
Section 3-206.01 of the Nursing Home Care Act the identity of
individuals against whom there has been a substantiated
finding of physical or sexual abuse or egregious neglect of a
service recipient.
Nothing in this subsection shall diminish or impair the
rights of a person who is a member of a collective bargaining
unit pursuant to the Illinois Public Labor Relations Act or
pursuant to any federal labor statute. An individual who is a
member of a collective bargaining unit as described above
shall not be reported to the Department of Public Health's
nurse aide registry until the exhaustion of that individual's
grievance and arbitration rights, or until 3 months after the
initiation of the grievance process, whichever occurs first,
provided that the Department of Human Services' hearing under
subsection (c), that is separate and distinct from the Office
of the Inspector General's appeals process, has concluded.
Notwithstanding anything hereinafter or previously provided,
if an action taken by an employer against an individual as a
result of the circumstances that led to a finding of physical
or sexual abuse or egregious neglect is later overturned
under a grievance or arbitration procedure provided for in
Section 8 of the Illinois Public Labor Relations Act or under
a collective bargaining agreement, the report must be removed
from the registry.
The Department of Human Services shall promulgate or
amend rules as necessary or appropriate to establish
procedures for reporting to the registry, including the
definition of egregious neglect, procedures for notice to the
individual and victim, appeal and hearing procedures, and
petition for removal of the report from the registry. The
portion of the rules pertaining to hearings shall provide
that, at the hearing, both parties may present written and
oral evidence. The Department shall be required to establish
by a preponderance of the evidence that the Office of the
Inspector General's finding of physical or sexual abuse or
egregious neglect warrants reporting to the Department of
Public Health's nurse aide registry under Section 3-206.01 of
the Nursing Home Care Act.
Notice to the individual shall include a clear and
concise statement of the grounds on which the report to the
registry is based and notice of the opportunity for a hearing
to contest the report. The Department of Human Services shall
provide the notice by certified mail to the last known
address of the individual. The notice shall give the
individual an opportunity to contest the report in a hearing
before the Department of Human Services or to submit a
written response to the findings instead of requesting a
hearing. If the individual does not request a hearing or if
after notice and a hearing the Department of Human Services
finds that the report is valid, the finding shall be included
as part of the registry, as well as a brief statement from
the reported individual if he or she chooses to make a
statement. The Department of Public Health shall make
available to the public information reported to the registry.
In a case of inquiries concerning an individual listed in the
registry, any information disclosed concerning a finding of
abuse or neglect shall also include disclosure of the
individual's brief statement in the registry relating to the
reported finding or include a clear and accurate summary of
the statement.
At any time after the report of the registry, an
individual may petition the Department of Human Services for
removal from the registry of the finding against him or her.
Upon receipt of such a petition, the Department of Human
Services shall conduct an investigation and hearing on the
petition. Upon completion of the investigation and hearing,
the Department of Human Services shall report the removal of
the finding to the registry unless the Department of Human
Services determines that removal is not in the public
interest.
(h) This Section is repealed on January 1, 2004.
(Source: P.A. 91-169, eff. 7-16-99; 92-358, eff. 8-15-01;
92-473, eff. 1-1-02; revised 10-10-01.)
Section 46. The Nursing Home Care Act is amended by
changing Section 3-206.01 as follows:
(210 ILCS 45/3-206.01) (from Ch. 111 1/2, par.
4153-206.01)
Sec. 3-206.01. Nurse aide registry.
(a) The Department shall establish and maintain a
registry of all individuals who have satisfactorily completed
the training required by Section 3-206. The registry shall
include the name of the nursing assistant, habilitation aide,
or child care aide, his or her current address, Social
Security number, and the date and location of the training
course completed by the individual, and the date of the
individual's last criminal records check. Any individual
placed on the registry is required to inform the Department
of any change of address within 30 days. A facility shall
not employ an individual as a nursing assistant, habilitation
aide, or child care aide unless the facility has inquired of
the Department as to information in the registry concerning
the individual and shall not employ anyone not on the
registry unless the individual is enrolled in a training
program under paragraph (5) of subsection (a) of Section
3-206 of this Act.
If the Department finds that a nursing assistant,
habilitation aide, or child care aide has abused a resident,
neglected a resident, or misappropriated resident property in
a facility, the Department shall notify the individual of
this finding by certified mail sent to the address contained
in the registry. The notice shall give the individual an
opportunity to contest the finding in a hearing before the
Department or to submit a written response to the findings in
lieu of requesting a hearing. If, after a hearing or if the
individual does not request a hearing, the Department finds
that the individual abused a resident, neglected a resident,
or misappropriated resident property in a facility, the
finding shall be included as part of the registry as well as
a brief statement from the individual, if he or she chooses
to make such a statement. The Department shall make
information in the registry available to the public. In the
case of inquiries to the registry concerning an individual
listed in the registry, any information disclosed concerning
such a finding shall also include disclosure of any statement
in the registry relating to the finding or a clear and
accurate summary of the statement.
(b) The Department shall add to the nurse aide registry
records of findings as reported by the Inspector General or
remove from the nurse aide registry records of findings as
reported by the Department of Human Services, under Section
6.2 of the Abused Abuse and Neglected Long Term Care Facility
Residents Reporting Act.
(Source: P.A. 91-598, eff. 1-1-00; 92-473, eff. 1-1-02;
revised 12-04-01.)
Section 47. The Emergency Medical Services (EMS) Systems
Act is amended by changing Sections 3.110, 3.220, and 3.250
as follows:
(210 ILCS 50/3.110)
Sec. 3.110. EMS system and trauma center confidentiality
and immunity.
(a) All information contained in or relating to any
medical audit performed of a trauma center's trauma services
pursuant to this Act or by an EMS Medical Director or his
designee of medical care rendered by System personnel, shall
be afforded the same status as is provided information
concerning medical studies in Article VIII, Part 21 of the
Code of Civil Procedure. Disclosure of such information to
the Department pursuant to this Act shall not be considered a
violation of Article VIII, Part 21 of the Code of Civil
Procedure.
(b) Hospitals, trauma centers and individuals that
perform or participate in medical audits pursuant to this Act
shall be immune from civil liability to the same extent as
provided in Section 10.2 of the Hospital Licensing Act.
(c) All information relating to the State Emergency
Medical Services Disciplinary Review Board or a local review
board, except final decisions, shall be afforded the same
status as is provided information concerning medical studies
in Article VIII, Part 21 of the Code of Civil Procedure.
Disclosure of such information to the Department pursuant to
this Act shall not be ee considered a violation of Article
VIII, Part 21 of the Code of Civil Procedure.
(Source: P.A. 89-177, eff. 7-19-95; 90-144, eff. 7-23-97;
revised 12-07-01.)
(210 ILCS 50/3.220)
Sec. 3.220. EMS Assistance Fund.
(a) There is hereby created an "EMS Assistance Fund"
within the State treasury, for the purpose of receiving fines
and fees collected by the Illinois Department of Health
pursuant to this Act and the supplemental registration fees
collected pursuant to Section 3-821.1 of the Illinois Vehicle
Code.
(b) EMT licensure examination fees collected shall be
distributed by the Department to the Resource Hospital of the
EMS System in which the EMT candidate was educated, to be
used for educational and related expenses incurred by the
System's hospitals, as identified in the EMS System Program
Plan.
(c) All other moneys within this fund shall be
distributed by the Department to the EMS Regions for
disbursement in accordance with protocols established in the
EMS Region Plans, for the purposes of organization,
development and improvement of Emergency Medical Services
Systems, including but not limited to training of personnel
and acquisition, modification and maintenance of necessary
supplies, equipment and vehicles.
(d) All fees and fines collected pursuant to this to
this Act shall be deposited into the EMS Assistance Fund.
(Source: P.A. 89-177, eff. 7-19-95; revised 12-07-01.)
(210 ILCS 50/3.250)
Sec. 3.250. Application of Administrative Procedure Act.
The provisions of the Illinois Administrative Procedure Act
are hereby expressly adopted and shall apply to all
administrative rules and procedures of the Department of
Public Health under this Act, except that in case of conflict
between the Illinois Administrative Procedure Act and this
Act the provisions of this Act shall control, and except that
Section 5-35 of 5 of the Illinois Administrative Procedure
Act relating to procedures for rule-making does not apply to
the adoption of any rule required by federal law in
connection with which the Department is precluded by law from
exercising any discretion.
(Source: P.A. 89-177, eff. 7-19-95; revised 12-07-01.)
Section 48. The Illinois Insurance Code is amended by
setting forth and renumbering multiple versions of Section
155.37, changing Sections 370c and 424, and renumbering
Section 507.2 as follows:
(215 ILCS 5/155.37)
Sec. 155.37. Drug formulary; notice. Insurance
companies that transact the kinds of insurance authorized
under Class 1(b) or Class 2(a) of Section 4 of this Code and
provide coverage for prescription drugs through the use of a
drug formulary must notify insureds of any change in the
formulary. A company may comply with this Section by posting
changes in the formulary on its website.
(Source: P.A. 92-440, eff. 8-17-01.)
(215 ILCS 5/155.38)
Sec. 155.38. 155.37. Use of credit reports in connection
with certain policies.
(a) This Section applies to policies of insurance
defined in subsections (a), (b), and (c) of Section 143.13,
except that this Section does not apply to those personal
lines policies defined in subsection (c) of Section 143.13
that could be classified under clause (g) or (i) of Class 2
of Section 4 or to policies of insurance subject to Article
IX 1/2.
(b) An insurance company authorized to do business in
this State may not refuse to issue or renew a policy of
insurance solely on the basis of a credit report. An offer
by an insurance company to write a policy through an insurer
that is an affiliate, as defined in Section 131.1 of this
Code, with continuous coverage does not constitute a refusal
to issue a policy or a nonrenewal within the meaning of this
Section. "Credit report" means a collection of data
regarding a consumer's credit history, credit capacity, or
credit worthiness that has been assembled or evaluated by a
consumer reporting agency as defined in 15 USC 1681a(f).
(c) If a credit report is used in conjunction with other
criteria to underwrite an application or renewal of a policy
of insurance, it may not include or be based upon the race,
income, gender, religion, or national origin of the applicant
or insured.
(d) If a credit report is used in conjunction with other
criteria to refuse to issue or renew a policy of insurance,
the insurer shall provide the applicant or policyholder with
a notice of the underwriting action taken. For purposes of
this Section, compliance with the notification requirements
of the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et
seq., shall be considered to be in compliance with this
Section.
(Source: P.A. 92-480, eff. 10-1-01; revised 10-17-01.)
(215 ILCS 5/370c) (from Ch. 73, par. 982c)
Sec. 370c. Mental and emotional disorders.
(a) (1) On and after the effective date of this Section,
every insurer which delivers, issues for delivery or renews
or modifies group A&H policies providing coverage for
hospital or medical treatment or services for illness on an
expense-incurred basis shall offer to the applicant or group
policyholder subject to the insurers standards of
insurability, coverage for reasonable and necessary treatment
and services for mental, emotional or nervous disorders or
conditions, other than serious mental illnesses as defined in
item (2) of subsection (b), up to the limits provided in the
policy for other disorders or conditions, except (i) the
insured may be required to pay up to 50% of expenses incurred
as a result of the treatment or services, and (ii) the annual
benefit limit may be limited to the lesser of $10,000 or 25%
of the lifetime policy limit.
(2) Each insured that is covered for mental, emotional
or nervous disorders or conditions shall be free to select
the physician licensed to practice medicine in all its
branches, licensed clinical psychologist, licensed clinical
social worker, or licensed clinical professional counselor of
his choice to treat such disorders, and the insurer shall pay
the covered charges of such physician licensed to practice
medicine in all its branches, licensed clinical psychologist,
licensed clinical social worker, or licensed clinical
professional counselor up to the limits of coverage, provided
(i) the disorder or condition treated is covered by the
policy, and (ii) the physician, licensed psychologist,
licensed clinical social worker, or licensed clinical
professional counselor is authorized to provide said services
under the statutes of this State and in accordance with
accepted principles of his profession.
(3) Insofar as this Section applies solely to licensed
clinical social workers and licensed clinical professional
counselors, those persons who may provide services to
individuals shall do so after the licensed clinical social
worker or licensed clinical professional counselor has
informed the patient of the desirability of the patient
conferring with the patient's primary care physician and the
licensed clinical social worker or licensed clinical
professional counselor has provided written notification to
the patient's primary care physician, if any, that services
are being provided to the patient. That notification may,
however, be waived by the patient on a written form. Those
forms shall be retained by the licensed clinical social
worker or licensed clinical professional counselor for a
period of not less than 5 years.
(b) (1) An insurer that provides coverage for hospital
or medical expenses under a group policy of accident and
health insurance or health care plan amended, delivered,
issued, or renewed after the effective date of this
amendatory Act of the 92nd General Assembly shall provide
coverage under the policy for treatment of serious mental
illness under the same terms and conditions as coverage for
hospital or medical expenses related to other illnesses and
diseases. The coverage required under this Section must
provide for same durational limits, amount limits,
deductibles, and co-insurance requirements for serious mental
illness as are provided for other illnesses and diseases.
This subsection does not apply to coverage provided to
employees by employers who have 50 or fewer employees.
(2) "Serious mental illness" means the following
psychiatric illnesses as defined in the most current edition
of the Diagnostic and Statistical Manual (DSM) published by
the American Psychiatric Association:
(A) schizophrenia;
(B) paranoid and other psychotic disorders;
(C) bipolar disorders (hypomanic, manic,
depressive, and mixed);
(D) major depressive disorders (single episode or
recurrent);
(E) schizoaffective disorders (bipolar or
depressive);
(F) pervasive developmental disorders;
(G) obsessive-compulsive disorders;
(H) depression in childhood and adolescence; and
(I) panic disorder.
(3) Upon request of the reimbursing insurer, a provider
of treatment of serious mental illness shall furnish medical
records or other necessary data that substantiate that
initial or continued treatment is at all times medically
necessary. An insurer shall provide a mechanism for the
timely review by a provider holding the same license and
practicing in the same specialty as the patient's provider,
who is unaffiliated with the insurer, jointly selected by the
patient (or the patient's next of kin or legal representative
if the patient is unable to act for himself or herself), the
patient's provider, and the insurer in the event of a dispute
between the insurer and patient's provider regarding the
medical necessity of a treatment proposed by a patient's
provider. If the reviewing provider determines the treatment
to be medically necessary, the insurer shall provide
reimbursement for the treatment. Future contractual or
employment actions by the insurer regarding the patient's
provider may not be based on the provider's participation in
this procedure. Nothing prevents the insured from agreeing in
writing to continue treatment at his or her expense. When
making a determination of the medical necessity for a
treatment modality for serous mental illness, an insurer must
make the determination in a manner that is consistent with
the manner used to make that determination with respect to
other diseases or illnesses covered under the policy,
including an appeals process.
(4) A group health benefit plan:
(A) shall provide coverage based upon medical
necessity for the following treatment of mental illness
in each calendar year;
(i) 45 days of inpatient treatment; and
(ii) 35 visits for outpatient treatment
including group and individual outpatient treatment;
(B) may not include a lifetime limit on the number
of days of inpatient treatment or the number of
outpatient visits covered under the plan; and
(C) shall include the same amount limits,
deductibles, copayments, and coinsurance factors for
serious mental illness as for physical illness.
(5) An issuer of a group health benefit plan may not
count toward the number of outpatient visits required to be
covered under this Section an outpatient visit for the
purpose of medication management and shall cover the
outpatient visits under the same terms and conditions as it
covers outpatient visits for the treatment of physical
illness.
(6) An issuer of a group health benefit plan may provide
or offer coverage required under this Section through a
managed care plan.
(7) This Section shall not be interpreted to require a
group health benefit plan to provide coverage for treatment
of:
(A) an addiction to a controlled substance or
cannabis that is used in violation of law; or
(B) mental illness resulting from the use of a
controlled substance or cannabis in violation of law.
(8) This subsection (b) is inoperative after December
31, 2005.
(Source: P.A. 92-182, eff. 7-27-01; 92-185, eff. 1-1-02;
revised 9-18-01.)
(215 ILCS 5/424) (from Ch. 73, par. 1031)
Sec. 424. Unfair methods of competition and unfair or
deceptive acts or practices defined. The following are
hereby defined as unfair methods of competition and unfair
and deceptive acts or practices in the business of insurance:
(1) The commission by any person of any one or more of
the acts defined or prohibited by Sections 134, 147, 148,
149, 151, 155.22, 155.22a, 236, 237, 364, and 469 of this
Code.
(2) Entering into any agreement to commit, or by any
concerted action committing, any act of boycott, coercion or
intimidation resulting in or tending to result in
unreasonable restraint of, or monopoly in, the business of
insurance.
(3) Making or permitting, in the case of insurance of
the types enumerated in Classes 1, 2, and 3 of Section 4, any
unfair discrimination between individuals or risks of the
same class or of essentially the same hazard and expense
element because of the race, color, religion, or national
origin of such insurance risks or applicants. The
application of this Article to the types of insurance
enumerated in Class 1 of Section 4 shall in no way limit,
reduce, or impair the protections and remedies already
provided for by Sections 236 and 364 of this Code or any
other provision of this Code.
(4) Engaging in any of the acts or practices defined in
or prohibited by Sections 154.5 through 154.8 of the this
Insurance Code.
(5) Making or charging any rate for insurance against
losses arising from the use or ownership of a motor vehicle
which requires a higher premium of any person by reason of
his physical handicap, race, color, religion, or national
origin.
(Source: P.A. 92-399, eff. 8-16-01; revised 12-07-01.)
(215 ILCS 5/500-77)
Sec. 500-77. 507.2. Policyholder information and
exclusive ownership of expirations.
(a) As used in this Section, "expirations" means all
information relative to an insurance policy including, but
not limited to, the name and address of the insured, the
location and description of the property insured, the value
of the insurance policy, the inception date, the renewal
date, and the expiration date of the insurance policy, the
premiums, the limits and a description of the terms and
coverage of the insurance policy, and any other personal and
privileged information, as defined by Section 1003 of this
Code, compiled by a registered firm or furnished by the
insured to the insurer or any agent, contractor, or
representative of the insurer.
For purposes of this Section only, a registered firm also
includes a sole proprietorship that transacts the business of
insurance as an insurance agency.
(b) All "expirations" as defined in subsection (a) of
this Section shall be mutually and exclusively owned by the
insured and the registered firm. The limitations on the use
of expirations as provided in subsections (c) and (d) of this
Section shall be for mutual benefit of the insured and the
registered firm.
(c) Except as otherwise provided in this Section, for
purposes of soliciting, selling, or negotiating the renewal
or sale of insurance coverage, insurance products, or
insurance services or for any other marketing purpose, a
registered firm shall own and have the exclusive use of
expirations, records, and other written or electronically
stored information directly related to an insurance
application submitted by, or an insurance policy written
through, the registered firm. No insurance company, managing
general agent, surplus lines insurance broker, wholesale
broker, group self-insurance fund, third-party administrator,
or any other entity, other than a financial institution as
defined in Section 1402 of this Code, shall use such
expirations, records, or other written or electronically
stored information to solicit, sell, or negotiate the renewal
or sale of insurance coverage, insurance products, or
insurance services to the insured or for any other marketing
purposes, either directly or by providing such information to
others, without, separate from the general agency contract,
the written consent of the registered firm. However, such
expirations, records, or other written or electronically
stored information may be used for any purpose necessary for
placing such business through the insurance producer
including reviewing an application and issuing or renewing a
policy and for loss control services.
(d) With respect to a registered firm, this Section
shall not apply:
(1) when the insured requests either orally or in
writing that another registered firm obtain quotes for
insurance from another insurance company or when the
insured requests in writing individually or through
another registered firm, that the insurance company renew
the policy;
(2) to policies in the Illinois Fair Plan, the
Illinois Automobile Insurance Plan, or the Illinois
Assigned Risk Plan for coverage under the Workers'
Compensation Act and the Workers' Occupational Diseases
Act;
(3) when the insurance producer is employed by or
has agreed to act exclusively or primarily for one
company or group of affiliated insurance companies or to
a producer who submits to the company or group of
affiliated companies that are organized to transact
business in this State as a reciprocal company, as
defined in Article IV of this Code, every request or
application for insurance for the classes and lines
underwritten by the company or group of affiliated
companies;
(4) to policies providing life and accident and
health insurance;
(5) when the registered firm is in default for
nonpayment of premiums under the contract with the
insurer or is guilty of conversion of the insured's or
insurer's premiums or its license is revoked by or
surrendered to the Department;
(6) to any insurance company's obligations under
Sections 143.17 and 143.17a of this Code; or
(7) to any insurer that, separate from a producer
or registered firm, creates, develops, compiles, and
assembles its own, identifiable expirations as defined in
subsection (a).
For purposes of this Section, an insurance producer shall
be deemed to have agreed to act primarily for one company or
a group of affiliated insurance companies if the producer (i)
receives 75% or more of his or her insurance related
commissions from one company or a group of affiliated
companies or (ii) places 75% or more of his or her policies
with one company or a group of affiliated companies.
Nothing in this Section prohibits an insurance company,
with respect to any items herein, from conveying to the
insured or the registered firm any additional benefits or
ownership rights including, but not limited to, the ownership
of expirations on any policy issued or the imposition of
further restrictions on the insurance company's use of the
insured's personal information.
(e) Nothing in this Section prevents a financial
institution, as defined in Section 1402 of this Code, from
obtaining from the insured, the insurer, or the registered
firm the expiration dates of an insurance policy placed on
collateral or otherwise used as security in connection with a
loan made or serviced by the financial institution when the
financial institution requires the expiration dates for
evidence of insurance.
(f) For purposes of this Section, "financial
institution" does not include an insurance company,
registered firm, managing general agent, surplus lines
broker, wholesale broker, group self-funded insurance fund,
or third-party administrator.
(g) The Director may adopt rules in accordance with
Section 401 of this Code for the enforcement of this Section.
(h) This Section applies to the expirations relative to
all policies of insurance bound, applied for, sold, renewed,
or otherwise taking effect on or after the effective date of
this amendatory Act of the 92nd General Assembly.
(Source: P.A. 92-5, eff. 6-1-01; revised 10-17-01.)
Section 49. The Health Maintenance Organization Act is
amended by changing Sections 2-6, 3-1, and 4-6.5 as follows:
(215 ILCS 125/2-6) (from Ch. 111 1/2, par. 1406.2)
Sec. 2-6. Statutory deposits.
(a) An organization subject to the provisions of this
Act shall make and maintain with the Director through
December 30, 1993, for the protection of enrollees of the
organization, a deposit of securities which are authorized
investments under paragraphs (1) and (2) of subsection (h) of
Section 3-1 having a fair market value equal to at least
$100,000. Effective December 31, 1993 and through December
30, 1994, the deposit shall have a fair market value at least
equal to $200,000. Effective December 31, 1994 and
thereafter, the deposit shall have a fair market value at
least equal to $300,000. An organization issued a
certificate of authority on or after the effective date of
this Amendatory Act of 1993, shall make and maintain with the
Director; for the protection of enrollees of the
organization, a deposit of securities which are authorized
investments under paragraphs (1) and (2) of subsection (h) of
Section 3-1 having a fair market value equal to at least
$300,000. The amount on deposit shall remain as an admitted
asset of the organization in the determination of its net
worth. The Director may release the required deposit of
securities upon receipt of an order of a court having proper
jurisdiction or upon: (i) certification by the organization
that it has no outstanding enrollee creditors, enrollees,
certificate holders, or enrollee obligations in effect and no
plans to engage in the business of insurance as a health
maintenance organization; (ii) receipt of a lawful resolution
of the organization's governing body effecting the surrender
of its certificate of authority, articles of incorporation,
or other organizational documents to their issuing
governmental officer for voluntary or administrative
dissolution; and (iii) receipt of the name and forwarding
address for each of the final officers and directors of the
organization, together with a plan of dissolution approved by
the Director.
(b) An organization that offers a point-of-service
product, as permitted by Article 4.5, must maintain an
additional deposit in an amount that is not less than the
greater of 125% of the organization's annual projected
point-of-service claims or $300,000.
(Source: P.A. 92-75, eff. 7-12-01; 92-135, eff. 1-1-02;
revised 9-12-01.)
(215 ILCS 125/3-1) (from Ch. 111 1/2, par. 1407.3)
Sec. 3-1. Investment Regulations.
(a) Any health maintenance organization may invest its
funds as provided in this Section and not otherwise. A
health maintenance organization that is organized as an
insurance company may also acquire the investment assets
authorized for an insurance company pursuant to the laws
applicable to an insurance company in the organization's
state of domicile. Notwithstanding the provisions of this
Section, the Director may, after notice and hearing, order an
organization to limit or withdraw from certain investments,
or discontinue certain investment practices, to the extent
the Director finds that such investments or investment
practices are hazardous to the financial condition of the
organization.
(b) No investment or loan shall be made or engaged in by
any health maintenance organization unless the same have been
authorized or ratified by the board of directors or by a
committee thereof charged with the duty of supervising
investments and loans. Nothing contained in this subsection
shall prevent the board of directors of any such organization
from depositing any of its securities with a committee
appointed for the purpose of protecting the interest of
security holders or with the authorities of any state where
it is necessary to do so in order to secure permission to
transact its appropriate business therein, and nothing
contained in this subsection shall prevent the board of
directors of such organization from depositing any securities
as collateral for the securing of any bond required for the
business of the organization.
(c) No health maintenance organization shall pay any
commission or brokerage for the purchase or sale of property
whether real or personal, in excess of that usual and
customary at the time and in the locality where such
purchases or sales are made, and information regarding
payments of commissions and brokerage shall be maintained.
(d) A health maintenance organization may not directly
or indirectly, unless it has notified the Director in writing
of its intention to enter into the transaction at least 30
days prior thereto, or any shorter period as the Director may
permit, and the Director has not disapproved it within that
period:
(1) make a loan to or other investment in an
officer or director of the organization or a person in
which the officer or director has any direct or indirect
financial interest;
(2) make a guarantee for the benefit of or in favor
of an officer or director of the organization or a person
in which the officer or director has any direct or
indirect financial interest; or
(3) enter into an agreement for the purchase or
sale of property from or to an officer or director of the
organization or a person in which the officer or director
has any direct or indirect financial interest.
For the purposes of this Section, an officer or director
shall not be deemed to have a financial interest by reason of
an interest that is held directly or indirectly through the
ownership of equity interests representing less than 2% of
all outstanding equity interests issued by a person that is a
party to the transaction, or solely by reason of that
individual's position as a director or officer of a person
that is a party to the transaction.
This subsection does not apply to a transaction between
an organization and any of its subsidiaries or affiliates
that is entered into in compliance with Section 131.20a of
the Illinois Insurance Code, other than a transaction between
an insurer and its officer or director.
(e) In applying the percentage limitations imposed by
this Section there shall be used as a base the total of all
assets which would be admitted by this Section without regard
to percentage limitations. All legal measurements used as a
base in the determination of all investment qualifications
shall consist of the amounts determined at the most recent
year end adjusted for subsequent acquisition and disposition
of investments.
(f) Valuation of investments. Investments shall be
valued in accordance with the published valuation standards
of the National Association of Insurance Commissioners.
Securities investments as to which the National Association
of Insurance Commissioners has not published valuation
standards in its Valuations of Securities manual or its
successor publication shall be valued as follows:
(1) All obligations having a fixed term and rate
shall, if not in default as to principal or interest, be
valued as follows: if purchased at par, at the par value;
if purchased above or below par, on the basis of the
purchase price adjusted so as to bring the value to par
at maturity and so as to yield in the meantime the
effective rate of interest at which the purchase was
made;
(2) Common, preferred or guaranteed stocks shall be
valued at market value.
(3) Other security investments shall be valued in
accordance with regulations promulgated by the Director
pursuant to paragraph (6) of this subsection.
(4) Other investments, including real property,
shall be valued in accordance with regulations
promulgated by the Director pursuant to paragraph (6) of
this subsection, but in no event shall such other
investments be valued at more than the purchase price.
The purchase price for real property includes capitalized
permanent improvements, less depreciation spread evenly
over the life of the property or, at the option of the
company, less depreciation computed on any basis
permitted under the Internal Revenue Code and regulations
thereunder. Such investments that have been affected by
permanent declines in value shall be valued at not more
than market value.
(5) Any investment, including real property, not
purchased by the Health Maintenance Organization but
acquired in satisfaction of a debt or otherwise shall be
valued in accordance with the applicable procedures for
that type of investment contained in this subsection.
For purposes of applying the valuation procedures, the
purchase price shall be deemed to be the market value at
the time the investment is acquired or, in the case of
any investment acquired in satisfaction of debt, the
amount of the debt, including interest, taxes and
expenses, whichever amount is less.
(6) The Director shall promulgate rules and
regulations for determining and calculating values to be
used in financial statements submitted to the Department
for investments.
(g) Definitions. As used in this Section, unless the
context otherwise requires.
(1) "Business Corporation" means corporations
organized for other than not for profit purposes.
(2) "Business Entity" includes sole
proprietorships, corporations, associations, partnerships
and business trusts.
(3) "Bank or Trust Company" means any bank or trust
company organized under the laws of the United States or
any State thereof if said bank or trust company is
regularly examined pursuant to such laws and said bank or
trust company has the insurance protection afforded by an
agency of the United States government.
(4) "Capital" means capital stock paid-up, if any,
and its use in a provision does not imply that a
non-profit Health Maintenance Organization without stated
capital stock is excluded from the provision. The
capital of such an organization will be zero.
(5) "Direct" when used in connection with
"obligation" means that the designated obligor shall be
primarily liable on the instrument representing the
obligation.
(6) "Facility" means and includes real estate and
any and all forms of tangible personal property and
services used constituting an operating unit.
(7) "Guaranteed or insured" means that the
guarantor or insurer will perform or insure the
obligation of the obligor or will purchase the obligation
to the extent of the guaranty or insurance.
(8) "Mortgage" shall include a trust deed or other
lien on real property securing an obligation for the
payment of money.
(9) "Servicer" means a business entity that has a
contractual obligation to service a pool of mortgage
loans. The service provided shall include, but is not
limited to, collection of principal and interest, keeping
the accounts current, maintaining or confirming in force
hazard insurance and tax status and providing supportive
accounting services.
(10) "Single credit risk" means the direct,
guaranteed or insured obligations of any one business
entity including affiliates thereof.
(11) "Surplus" means the amount properly shown as
total net worth on a company's balance sheet, plus all
voluntary reserves, but not including capital paid-up.
(12) "Tangible net worth" means the par value of
all issued and outstanding capital stock of a corporation
(or in the case of shares having no par value, the stated
value) and the amounts of all surplus accounts less the
sum of (a) such intangible assets as deferred charges,
organization and development expense, discount and
expense incurred in securing capital, good will,
trade-marks, trade-names and patents, (b) leasehold
improvements, and (c) any reserves carried by the
corporation and not otherwise deducted from assets.
(13) "Unconditional" when used in connection with
"obligation" means that nothing remains to be done or to
occur to make the designated obligor liable on the
instrument, and that the legal holder shall have the
status at least equal to that of general creditor of the
obligor.
(h) Authorized investments. Any Health Maintenance
Organization, except those organized as an insurance company,
may acquire the assets set forth in paragraphs 1 through 17,
inclusive. A Health Maintenance Organization that is
organized as an insurance company may acquire the investment
assets authorized for an insurance company pursuant to the
laws applicable to an insurance company in the organization's
state of domicile. Any restriction, exclusion or provision
appearing in any paragraph shall apply only with respect to
the authorization of the particular paragraph in which it
appears and shall not constitute a general prohibition and
shall not be applicable to any other paragraph. The
qualifications or disqualifications of an investment under
one paragraph shall not prevent its qualification in whole or
in part under another paragraph, and an investment authorized
by more than one paragraph may be held under whichever
authorizing paragraph the organization elects. An investment
which qualified under any paragraph at the time it was
acquired or entered into by an organization shall continue to
be qualified under that paragraph. An investment in whole or
in part may be transferred from time to time, at the election
of the organization, to the authority of any paragraph under
which it qualifies, whether originally qualifying thereunder
or not.
(1) Direct obligations of the United States for the
payment of money, or obligations for the payment of money
to the extent guaranteed or insured as to the payment of
principal and interest by the United States.
(2) Direct obligations for the payment of money,
issued by an agency or instrumentality of the United
States, or obligations for the payment of money to the
extent guaranteed or insured as to the payment of
principal and interest by an agency or instrumentality of
the United States.
(3) Direct, general obligations of any state of the
United States for the payment of money, or obligations
for the payment of money to the extent guaranteed or
insured as to the payment of principal and interest by
any state of the United States, on the following
conditions:
(i) Such state has the power to levy taxes for
the prompt payment of the principal and interest of
such obligations; and
(ii) Such state shall not be in default in the
payment of principal or interest on any of its
direct, guaranteed or insured obligations at the
date of such investment.
(4) Direct, general obligations of any political
subdivision of any state of the United States for the
payment of money, or obligations for the payment of money
to the extent guaranteed as to the payment of principal
and interest by any political subdivision of any state of
the United States, on the following conditions:
(i) The obligations are payable or guaranteed
from ad valorem taxes;
(ii) Such political subdivision is not in
default in the payment of principal or interest on
any of its direct or guaranteed obligations;
(iii) No investment shall be made under this
paragraph in obligations which are secured only by
special assessments for local improvements; and
(iv) An organization shall not invest under
this paragraph more than 2% of its admitted assets
in obligations issued or guaranteed by any one such
political subdivision.
(5) Anticipation obligations of any political
subdivision of any state of the United States, including
but not limited to bond anticipation notes, tax
anticipation notes and construction anticipation notes,
for the payment of money within 12 months from the
issuance of the obligation, on the following conditions:
(i) Such anticipation notes must be a direct
obligation of the issuer under conditions set forth
in paragraph 4;
(ii) Such political subdivision is not in
default in the payment of the principal or interest
on any of its direct general obligations or any
obligation guaranteed by such political subdivision;
(iii) The anticipated funds must be
specifically pledged to secure the obligation;
(iv) An organization shall not invest under
this paragraph more than 2% of its admitted assets
in the anticipation obligations issued by any one
such political subdivision.
(6) Obligations of any state of the United States,
a political subdivision thereof, or a public
instrumentality of any one or more of the foregoing, for
the payment of money, on the following conditions:
(i) The obligations are payable from revenues
or earnings of a public utility of such state,
political subdivision, or public instrumentality
which are specifically pledged therefor;
(ii) The law under which the obligations are
issued requires such rates for service shall be
charged and collected at all times that they will
produce sufficient revenue or earnings together with
any other revenues or moneys pledged to pay all
operating and maintenance charges of the public
utility and all principal and interest on such
obligations;
(iii) No prior or parity obligations payable
from the revenues or earnings of that public utility
are in default at the date of such investment;
(iv) An organization shall not invest more
than 20% of its admitted assets under this
paragraph; and
(v) An organization shall not invest under
this Section more than 2% of its admitted assets in
the revenue obligations issued in connection with
any one facility.
(7) Obligations of any state of the United States,
a political subdivision thereof, or a public
instrumentality of any of the foregoing, for the payment
of money, on the following conditions:
(i) The obligations are payable from revenues
or earnings, excluding revenues or earnings from
public utilities, specifically pledged therefor by
such state, political subdivision or public
instrumentality;
(ii) No prior or parity obligation of the same
issuer payable from revenues or earnings from the
same source has been in default as to principal or
interest during the 5 years next preceding the date
of such investment, but such issuer need not have
been in existence for that period, and obligations
acquired under this paragraph may be newly issued;
(iii) An organization shall not invest in
excess of 20% of its admitted assets under this
paragraph; and
(iv) An organization shall not invest under
this paragraph more than 2% of its admitted assets
in the revenue obligations issued in connection with
any one facility; and
(v) An organization shall not invest under
this paragraph more than 2% of its admitted assets
in revenue obligations payable from revenue or
earning sources which are the contractual
responsibility of any one single credit risk.
(8) Direct, unconditional obligations of a solvent
business corporation for the payment of money, including
obligations to pay rent for equipment used in its
business or obligations for the payment of money to the
extent guaranteed or insured as to the payment of
principal and interest by any solvent business
corporation, on the following conditions:
(i) The corporation shall be incorporated
under the laws of the United States or any state of
the United States;
(ii) The corporation shall have tangible net
worth of not less than $1,000,000;
(iii) No such obligation, guarantee or
insurance of the corporation has been in default as
to principal or interest during the 5 years
preceding the date of investment, but the
corporation need not have had obligations guarantees
or insurance outstanding during that period and need
not have been in existence for that period, and
obligations acquired under this paragraph may be
newly issued;
(iv) An organization shall not invest more
than 2% of its admitted assets in obligations
issued, guaranteed or insured by any one such
corporation;
(v) An organization may invest under this
paragraph up to an additional 2% of its admitted
assets in obligations which (i) are issued,
guaranteed or insured by any one or more such
corporations, each having a tangible net worth of
not less than $25,000,000 and (ii) mature within 12
months from the date of acquisition;
(vi) An organization may invest not more than
1/2 of 1% of its admitted assets in such obligations
of corporations which do not meet the condition of
subparagraph (ii) of this paragraph; and
(vii) An organization shall not invest more
than 75% of its admitted assets under this
paragraph.
(9) Direct, unconditional obligations for the
payment of money issued or obligations for the payment of
money to the extent guaranteed as to principal and
interest by a solvent not for profit corporation, on the
following conditions:
(i) The corporation shall be incorporated
under the laws of the United States or of any state
of the United States;
(ii) The corporation shall have been in
existence for at least 5 years and shall have assets
of at least $2,000,000;
(iii) Revenues or other income from such
assets and the services or commodities dispensed by
the corporation shall be pledged for the payment of
the obligations or guarantees;
(iv) No such obligation or guarantee of the
corporation has been in default as to principal or
interest during the 5 years next preceding the date
of such investment, but the corporation need not
have had obligations or guarantees outstanding
during that period and obligations which are
acquired under this paragraph may be newly issued;
(v) An organization shall not invest more than
15% of its admitted assets under this paragraph; and
(vi) An organization shall not invest under
this paragraph more than 2% of its admitted assets
in the obligations issued or guaranteed by any one
such corporation.
(10) Direct, unconditional nondemand obligations
for the payment of money issued by a solvent bank, mutual
savings bank or trust company on the following
conditions:
(i) The bank, mutual savings bank or trust
company shall be incorporated under the laws of the
United States, or of any state of the United States;
(ii) The bank, mutual savings bank or trust
company shall have tangible net worth of not less
than $1,000,000;
(iii) Such obligations must be of the type
which are insured by an agency of the United States
or have a maturity of no more than 1 day;
(iv) An organization shall not invest under
this paragraph more than the amount which is fully
insured by an agency of the United States plus 2% of
its admitted assets in nondemand obligations issued
by any one such financial institution; and
(v) An organization may invest under this
paragraph up to an additional 8% of its admitted
assets in nondemand obligations which (1) are issued
by any such banks, mutual savings banks or trust
companies, each having a tangible net worth of not
less than $25,000,000 and (2) mature within 12
months from the date of acquisition.
(11) Preferred or guaranteed stocks issued or
guaranteed by a solvent business corporation incorporated
under the laws of the United States or any state of the
United States, on the following conditions:
(i) The corporation shall have tangible net
worth of not less than $1,000,000;
(ii) If such stocks have been outstanding
prior to purchase, an organization shall not invest
under this paragraph in such stock if prescribed
current or cumulative dividends are in arrears;
(iii) An organization shall not invest more
than 33 1/3% of its admitted assets under this
paragraph and an organization shall not invest more
than 15% of its admitted assets under this paragraph
in stocks which, at the time of purchase, are not
Sinking Fund Stocks. An issue of preferred or
guaranteed stock shall be a Sinking Fund Stock when
(1) such issue is subject to a 100% mandatory
sinking fund or similar arrangement which will
provide for the redemption of the entire issue over
a period not longer than 40 years from the date of
purchase; (2) annual mandatory sinking fund
installments on each issue commence not more than 10
years from the date of issue; and (3) each annual
sinking fund installment provides for the purchase
or redemption of at least 2 1/2% of the original
number of shares of such issue; and
(iv) An organization shall not invest under
this paragraph more than 2% of its admitted assets
in the preferred or guaranteed stocks of any one
such corporation.
(12) Common stock issued by any solvent business
corporation incorporated under the laws of the United
States, or of any state of the United States, on the
following conditions:
(i) The issuing corporation must have tangible
net worth of $1,000,000 or more;
(ii) An organization may not invest more than
an amount equal to its net worth under this
paragraph; and
(iii) An organization may not invest under
this paragraph an amount equal to more than 10% of
its net worth in the common stock of any one
corporation.
(13) Shares of common stock or units of beneficial
interest issued by any solvent business corporation or
trust incorporated or organized under the laws of the
United States, or of any state of the United States, on
the following conditions:
(i) If the issuing corporation or trust is
advised by an investment advisor which is the
organization or an affiliate of the organization,
the issuing corporation or trust shall have net
assets of $100,000 or more, or if the issuing
corporation or trust has an unaffiliated investment
advisor, the issuing corporation or trust shall have
net assets of $10,000,000 or more;
(ii) The issuing corporation or trust is
registered as an investment company with the
Securities and Exchange Commission under the
Investment Company Act of 1940, as amended;
(iii) An organization shall not invest under
this paragraph more than the greater of $100,000 or
10% of its admitted assets in any one bond fund,
municipal bond fund or money market fund;
(iv) An organization shall not invest under
this paragraph more than 10% of its net worth in any
one common stock fund, balanced fund or income fund;
(v) An organization shall not invest more than
50% of its admitted assets in bond funds, municipal
bond funds and money market funds under this
paragraph; and
(vi) An organization's investments in common
stock funds, balanced funds or income funds when
combined with its investments in common stocks made
under paragraph (12) shall not exceed the aggregate
limitation provided by subparagraph (ii) of
paragraph (12).
(14) Shares of, or accounts or deposits with
savings and loan associations or building and loan
associations, on the following conditions:
(i) The shares, accounts, or deposits, or
investments in any form legally issuable shall be of
a withdrawable type and issued by an association
which has the insurance protection afforded by the
Federal Savings and Loan Insurance Corporation; but
nonwithdrawable accounts which are not eligible for
insurance by the Federal Savings and Loan Insurance
Corporation shall not be eligible for investment
under this paragraph;
(ii) The association shall have tangible net
worth of not less than $1,000,000;
(iii) The investment shall be in the name of
and owned by the organization, unless the account is
under a trusteeship with the organization named as
the beneficiary;
(iv) An organization shall not invest more
than 50% of its admitted assets under this
paragraph; and
(v) Under this paragraph, an organization
shall not invest in any one such association an
amount in excess of 2% of its admitted assets or an
amount which is fully insured by the Federal Savings
and Loan Insurance Corporation, whichever is
greater.
(15) Direct, unconditional obligations for the
payment of money secured by the pledge of any investment
which is authorized by any of the preceding paragraphs,
on the following conditions:
(i) The investment pledged shall by its terms
be legally assignable and shall be validly assigned
to the organization;
(ii) The investment pledged shall have a fair
market value which is at least 25% greater than the
amount invested under this paragraph, except that a
loan may be made up to 100% of the full fair market
value of collateral that would qualify as an
investment under paragraph (1) provided it qualifies
under condition (i) of this paragraph; and
(iii) An organization's investment under this
paragraph when added to its investment of the
category of the collateral pledged shall not cause
the sum to exceed the limits provided by the
paragraph authorizing that category of investments.
(16) Real estate (including leasehold estates and
leasehold improvements) for the convenient accommodation
of the organization's business operations, including home
office, branch office, medical facilities and field
office operations, on the following conditions:
(i) Any parcel of real estate acquired under
this paragraph may include excess space for rent to
others, if it is reasonably anticipated that such
excess will be required by the organization for
expansion or if the excess is reasonably required in
order to have one or more buildings that will
function as an economic unit;
(ii) Such real estate may be subject to a
mortgage; and
(iii) The greater of the admitted value of the
asset as determined by subsection (f) or the
organization's equity plus all encumbrances on such
real estate owned by a company under this paragraph
shall not exceed 20% of its admitted assets, except
with the permission of the Director if he finds that
such percentage of its admitted assets is
insufficient to provide convenient accommodation for
the company's business; provided, however, an
organization that directly provides medical services
may invest an additional 20% of its admitted assets
in such real estate, not requiring the permission of
the Director.
(17) Any investments of any kind, in the complete
discretion of the organization, without regard to any
condition of, restriction in, or exclusion from
paragraphs (1) to (16), inclusive, and regardless of
whether the same or a similar type of investment has been
included in or omitted from any such paragraph, on the
following condition: (a) An organization shall not invest
under this paragraph more than the lesser of (i) 10% of
its admitted assets, or (ii) 50% of the amount by which
its net worth exceeds the minimum requirements of a new
health maintenance organization to qualify for a
certificate of authority.
(Source: P.A. 92-140, eff. 7-24-01; revised 9-12-01.)
(215 ILCS 125/4-6.5)
Sec. 4-6.5. Required health benefits; Illinois Insurance
Code requirements. A health maintenance organization is
subject to the provisions of Sections 155.37, 356t, 356u, and
356z.1 of the Illinois Insurance Code.
(Source: P.A. 92-130, eff. 7-20-01; 92-440, eff. 8-17-01;
revised 9-12-01.)
Section 50. The Voluntary Health Services Plans Act is
amended by changing Section 10 as follows:
(215 ILCS 165/10) (from Ch. 32, par. 604)
Sec. 10. Application of Insurance Code provisions.
Health services plan corporations and all persons interested
therein or dealing therewith shall be subject to the
provisions of Articles IIA and XII 1/2 and Sections 3.1, 133,
140, 143, 143c, 149, 155.37, 354, 355.2, 356r, 356t, 356u,
356v, 356w, 356x, 356y, 356z.1, 367.2, 368a, 401, 401.1, 402,
403, 403A, 408, 408.2, and 412, and paragraphs (7) and (15)
of Section 367 of the Illinois Insurance Code.
(Source: P.A. 91-406, eff. 1-1-00; 91-549, eff. 8-14-99;
91-605, eff. 12-14-99; 91-788, eff. 6-9-00; 92-130, eff.
7-20-01; 92-440, eff. 8-17-01; revised 9-12-01.)
Section 51. The Telephone Company Act is amended by
changing Section 4 as follows:
(220 ILCS 65/4) (from Ch. 134, par. 20)
Sec. 4. Right of condemnation. Every telecommunications
telecommunciations carrier as defined in the
Telecommunications Municipal Infrastructure Maintenance Fee
Act may, when it shall be necessary for the construction,
maintenance, alteration or extension of its
telecommunications system, or any part thereof, enter upon,
take or damage private property in the manner provided for
in, and the compensation therefor shall be ascertained and
made in conformity to the provisions of the Telegraph Act and
every telecommunications carrier is authorized to construct,
maintain, alter and extend its poles, wires, and other
appliances as a proper use of highways, along, upon, under
and across any highway, street, alley, public right-of-way
dedicated or commonly used for utility purposes, or water in
this State, but so as not to incommode the public in the use
thereof: Provided, that nothing in this act shall interfere
with the control now vested in cities, incorporated towns and
villages in relation to the regulation of the poles, wires,
cables and other appliances, and provided, that before any
such lines shall be constructed along any such highway,
street, alley, public right-of-way dedicated or commonly used
for utility purposes, or water it shall be the duty of the
telecommunications carrier proposing to construct any such
line, to give (in the case of cities, villages, and
incorporated towns) to the corporate authorities of the
municipality or their designees (hereinafter, municipal
corporate authorities) or (in other cases) to the highway
commissioners having jurisdiction and control over the road
or part thereof along and over which such line is proposed to
be constructed, notice in writing in the form of plans,
specifications, and documentation of the purpose and
intention of the company to construct such line over and
along the highway, street, alley, public right-of-way
dedicated or commonly used for utility purposes, or water,
which notice shall be served at least 10 days before the line
shall be placed or constructed over and along the highway,
street, alley, public right-of-way dedicated or commonly used
for utility purposes, or water (30 days in the case of any
notice providing for excavation relating to new construction
in a public highway, street, alley, public right-of-way
dedicated or commonly used for utility purposes, or water);
and upon the giving of the notice it shall be the duty of the
municipal corporate authorities or the highway commissioners
to specify the portion of such highway, street, alley, public
right-of-way dedicated or commonly used for utility purposes,
or water upon which the line may be placed, used, and
constructed, and it shall thereupon be the duty of the
telecommunications retailer to provide the municipal
authorities or highway commissioners with any and all plans,
specifications, and documentation available and to construct
its line in accordance with such specifications; but in the
event that the municipal corporate authorities or the highway
commissioners fail to provide such specification within 10
days after the service of such notice, (25 days in the case
of excavation relating to new construction) then the
telecommunications retailer, without such specification
having been made, may proceed to place and erect its line
along the highway, street, alley, public right-of-way
dedicated or commonly used for utility purposes, or water by
placing its posts, poles and abutments so as not to interfere
with other proper uses of the highway, street, alley, public
right-of-way dedicated or commonly used for utility purposes,
or water. The telecommunications carrier proposing to
construct any such line shall comply with the provisions of
Section 9-113 of the Illinois Highway Code. Provided, that
the telecommunications carrier shall not have the right to
condemn any portion of the right-of-way of any railroad
company except as much thereof as is necessary to cross the
same.
The Illinois Commerce Commission may adopt reasonable
rules governing the negotiation procedures that are used by a
telecommunications carrier during precondemnation
negotiations for the purchase of land rights-of-way and
easements, including procedures for providing information to
the public and affected landowners concerning the project and
the right-of-way easements sought in connection therewith.
Such rules may be made applicable to interstate,
competitive intrastate and noncompetitive intrastate
facilities, without regard to whether such facilities or the
telecommunications carrier proposing to construct and operate
them would otherwise be subject to the Illinois Commerce
Commission's jurisdiction under the Public Utilities Act, as
now or hereafter amended. However, as to facilities used to
provide exclusively interstate services or competitive
intrastate services or both, nothing in this Section confers
any power upon the Commission (i) to require the disclosure
of proprietary, competitively sensitive, or cost information
or information not known to the telecommunications carrier,
(ii) to determine whether, or conduct hearings regarding
whether, any proposed fiber optic or other facilities should
or should not be constructed and operated, or (iii) to
determine or specify, or conduct hearings concerning, the
price or other terms or conditions of the purchase of the
right-of-way easements sought. With respect to facilities
used to provide any intrastate services classified in the
condemnor's tariff as noncompetitive under Section 13-502 of
the Public Utilities Act, the rulemaking powers conferred
upon the Commission under this Section are in addition to any
rulemaking powers arising under the Public Utilities Act.
No telecommunications carrier shall exercise the power to
condemn private property until it has first substantially
complied with such rules with respect to the property sought
to be condemned. If such rules call for providing notice or
information before or during negotiations, a failure to
provide such notice or information shall not constitute a
waiver of the rights granted in this Section, but the
telecommunications carrier shall be liable for all reasonable
attorney's fees of that landowner resulting from such
failure.
(Source: P.A. 90-154, eff. 1-1-98; revised 12-04-01.)
Section 52. The Illinois Dental Practice Act is amended
by changing Section 4 as follows:
(225 ILCS 25/4) (from Ch. 111, par. 2304)
(Section scheduled to be repealed on January 1, 2006)
Sec. 4. Definitions. As used in this Act:
(a) "Department" means the Illinois Department of
Professional Regulation.
(b) "Director" means the Director of Professional
Regulation.
(c) "Board" means the Board of Dentistry established by
Section 6 of this Act.
(d) "Dentist" means a person who has received a general
license pursuant to paragraph (a) of Section 11 of this Act
and who may perform any intraoral and extraoral procedure
required in the practice of dentistry and to whom is reserved
the responsibilities specified in Section 17.
(e) "Dental hygienist" means a person who holds a
license under this Act to perform dental services as
authorized by Section 18.
(f) "Dental assistant" means an appropriately trained
person who, under the supervision of a dentist, provides
dental services as authorized by Section 17.
(g) "Dental laboratory" means a person, firm or
corporation which:
(i) engages in making, providing, repairing or
altering dental prosthetic appliances and other
artificial materials and devices which are returned to a
dentist for insertion into the human oral cavity or which
come in contact with its adjacent structures and tissues;
and
(ii) utilizes or employs a dental technician to
provide such services; and
(iii) performs such functions only for a dentist or
dentists.
(h) "Supervision" means supervision of a dental
hygienist or a dental assistant requiring that a dentist
authorize the procedure, remain in the dental facility while
the procedure is performed, and approve the work performed by
the dental hygienist or dental assistant before dismissal of
the patient, but does not mean that the dentist must be
present at all times in the treatment room.
(i) "General supervision" means supervision of a dental
hygienist requiring that a dentist authorize the procedures
which are being carried out, but not requiring that a dentist
be present when the authorized procedures are being
performed. The authorized procedures may also be performed
at a place other than the dentist's usual place of practice.
The issuance of a prescription to a dental laboratory by a
dentist does not constitute general supervision.
(j) "Public member" means a person who is not a health
professional. For purposes of board membership, any person
with a significant financial interest in a health service or
profession is not a public member.
(k) "Dentistry" means the healing art which is concerned
with the examination, diagnosis, treatment planning and care
of conditions within the human oral cavity and its adjacent
tissues and structures, as further specified in Section 17.
(l) "Branches of dentistry" means the various
specialties of dentistry which, for purposes of this Act,
shall be limited to the following: endodontics, oral and
maxillofacial surgery, orthodontics and dentofacial
orthopedics, pediatric dentistry, periodontics,
prosthodontics, and oral and maxillofacial radiology.
(m) "Specialist" means a dentist who has received a
specialty license pursuant to Section 11(b).
(n) "Dental technician" means a person who owns,
operates or is employed by a dental laboratory and engages in
making, providing, repairing or altering dental prosthetic
appliances and other artificial materials and devices which
are returned to a dentist for insertion into the human oral
cavity or which come in contact with its adjacent structures
and tissues.
(o) "Impaired dentist" or "impaired dental hygienist"
means a dentist or dental hygienist who is unable to practice
with reasonable skill and safety because of a physical or
mental disability as evidenced by a written determination or
written consent based on clinical evidence, including
deterioration through the aging process, loss of motor
skills, abuse of drugs or alcohol, or a psychiatric disorder,
of sufficient degree to diminish the person's ability to
deliver competent patient care.
(p) "Nurse" means a registered professional nurse, a
certified registered nurse anesthetist anesthesist licensed
as an advanced practice nurse, or a licensed practical nurse
licensed under the Nursing and Advanced Practice Nursing Act.
(Source: P.A. 91-138, eff. 1-1-00; 91-689, eff. 1-1-01;
92-280, eff. 1-1-02; revised 9-19-01.)
Section 53. The Nursing and Advanced Practice Nursing
Act is amended by changing Section 20-165 as follows:
(225 ILCS 65/20-165)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20-165. Home rule preemption. It is declared to be
the public policy of this State, pursuant to paragraph
paragraphs (h) of Section 6 of Article VII of the Illinois
Constitution of 1970, that any power or function set forth in
this Act to be exercised by the State is an exclusive State
power or function. Such power or function shall not be
exercised concurrently, either directly or indirectly, by any
unit of local government, including home rule units, except
as otherwise provided in this Act.
(Source: P.A. 90-742, eff. 8-13-98; revised 12-07-01.)
Section 54. The Illinois Occupational Therapy Practice
Act is amended by changing Sections 2 and 3.2 as follows:
(225 ILCS 75/2) (from Ch. 111, par. 3702)
(Section scheduled to be repealed on December 31, 2003)
Sec. 2. Definitions. In this Act:
(1) "Department" means the Department of Professional
Regulation.
(2) "Director" means the Director of Professional
Regulation.
(3) "Board" means the Illinois Occupational Therapy
Board appointed by the Director.
(4) "Registered occupational therapist" means a person
licensed to practice occupational therapy as defined in this
Act, and whose license is in good standing.
(5) "Certified occupational therapy assistant" means a
person licensed to assist in the practice of occupational
therapy under the supervision of a registered occupational
therapist, and to implement the occupational therapy
treatment program as established by the registered
occupational therapist. Such program may include training in
activities of daily living, the use of therapeutic activity
including task oriented activity to enhance functional
performance, and guidance in the selection and use of
adaptive equipment.
(6) "Occupational therapy" means the therapeutic use of
purposeful and meaningful occupations or goal-directed
activities to evaluate and provide interventions for
individuals and populations who have a disease or disorder,
an impairment, an activity limitation, or a participation
restriction that interferes with their ability to function
independently in their daily life roles and to promote health
and wellness. Occupational therapy intervention may include
any of the following:
(a) remediation or restoration of performance
abilities that are limited due to impairment in
biological, physiological, psychological, or neurological
processes;
(b) adaptation of task, process, or the environment
or the teaching of compensatory techniques in order to
enhance performance;
(c) disability prevention methods and techniques
that facilitate the development or safe application of
performance skills; and
(d) health promotion strategies and practices that
enhance performance abilities.
The registered occupational therapist or certified
occupational therapy assistant may assume a variety of roles
in his or her career including, but not limited to,
practitioner, supervisor of professional students and
volunteers, researcher, scholar, consultant, administrator,
faculty, clinical instructor, and educator of consumers,
peers, and family.
(7) "Occupational therapy services" means services that
may be provided to individuals and populations including,
without limitation, the following:
(a) evaluating, developing, improving, sustaining,
or restoring skills in activities of daily living, work,
or productive activities, including instrumental living
and play and leisure activities;
(b) evaluating, developing, improving, or restoring
sensory motor, cognitive, or psychosocial components of
performance;
(c) designing, fabricating, applying, or training
in the use of assistive technology or temporary, orthoses
and training in the use of orthoses and prostheses;
(d) adapting environments and processes, including
the application of ergonomic principles, to enhance
performance and safety in daily life roles;
(e) for occupational therapists possessing advanced
training, skill, and competency as demonstrated through
examinations that shall be determined by the Department,
applying physical agent modalities as an adjunct to or in
preparation for engagement in occupations;
(f) evaluating and providing intervention in
collaboration with the client, family, caregiver, or
others;
(g) educating the client, family, caregiver, or
others in carrying out appropriate nonskilled
interventions; and
(h) consulting with groups, programs,
organizations, or communities to provide population-based
services.
(8) "An aide in occupational therapy" means an
individual who provides supportive services to occupational
therapy practitioners but who is not certified by a
nationally recognized occupational therapy certifying or
licensing body. or optometrist optometrist,
(Source: P.A. 92-297, eff. 1-1-02; 92-366, eff. 1-1-02;
revised 10-12-01.)
(225 ILCS 75/3.2)
(Section scheduled to be repealed on December 31, 2003)
Sec. 3.2. Practice of optometry.
(a) No rule shall be adopted under this Act that allows
an occupational therapist to perform an act, task, or
function primarily performed in the lawful practice of
optometry under the Illinois Optometric Practice Act of 1987.
(b) An occupational therapist may not perform an act,
task, or function primarily performed in the lawful practice
of optometry under the Illinois Optometric Practice Act of
1987.
(Source: P.A. 92-297, eff. 1-1-02; 92-366, eff. 1-1-02;
revised 10-12-01.)
Section 55. The Pharmacy Practice Act of 1987 is amended
by changing Section 10 as follows:
(225 ILCS 85/10) (from Ch. 111, par. 4130)
(Section scheduled to be repealed on January 1, 2008)
Sec. 10. State Board of Pharmacy. There is created in the
Department the State Board of Pharmacy. It shall consist of
9 members, 7 of whom shall be licensed pharmacists. Each of
those 7 members must be a licensed pharmacist in good
standing in this State, a graduate of an accredited college
of pharmacy or hold a Bachelor of Science degree in Pharmacy
and have at least 5 years' practical experience in the
practice of pharmacy subsequent to the date of his licensure
as a licensed pharmacist in the State of Illinois. There
shall be 2 public members, who shall be voting members, who
shall not be licensed pharmacists in this State or any other
state.
Each member shall be appointed by the Governor.
The terms of all members serving as of March 31, 1999
shall expire on that date. The Governor shall appoint 3
persons to serve one-year terms, 3 persons to serve 3-year
terms, and 3 persons to serve 5-year terms to begin April 1,
1999. Otherwise, members shall be appointed to 5 year terms.
No member shall be eligible to serve more than 12 consecutive
years.
In making the appointment of members on the Board, the
Governor shall give due consideration to recommendations by
the members of the profession of pharmacy and by
pharmaceutical organizations therein. The Governor shall
notify the pharmaceutical organizations promptly of any
vacancy of members on the Board and in appointing members
shall give consideration to individuals engaged in all types
and settings of pharmacy practice.
The Governor may remove any member of the Board for
misconduct, incapacity or neglect of duty and he shall be the
sole judge of the sufficiency of the cause for removal.
Every person appointed a member of the Board shall take
and subscribe the constitutional oath of office and file it
with the Secretary of State. Each member of the Board shall
be reimbursed for such actual and legitimate expenses as he
may incur in going to and from the place of meeting and
remaining thereat during sessions of the Board. In addition,
each member of the Board shall receive a per diem payment in
an amount determined from time to time by the Director for
attendance at meetings of the Board and conducting other
official business of the Board.
The Board shall hold quarterly meetings and an annual
meeting in January of each year and such other meetings at
such times and places and upon such notice as the Board may
determine and as its business may require. Five members of
the Board shall constitute a quorum for the transaction of
business. The Director shall appoint a pharmacy coordinator,
who shall be someone other than a member of the Board. The
pharmacy coordinator shall be a registered pharmacist in good
standing in this State, shall be a graduate of an accredited
college of pharmacy, or hold at a minimum a Bachelor of
Science degree in Pharmacy and shall have at least 5 years'
experience in the practice of pharmacy immediately prior to
his appointment. The pharmacy coordinator shall be the
executive administrator and the chief enforcement officer of
the Pharmacy Practice Act of 1987.
The Board shall exercise the rights, powers and duties
which have been vested in the Board under this Act, and any
other duties conferred upon the Board by law.
The Director shall, in conformity with the Personnel
Code, employ not less than 7 pharmacy investigators and 2
pharmacy supervisors. Each pharmacy investigator and each
supervisor shall be a registered pharmacist in good standing
in this State, and shall be a graduate of an accredited
college of pharmacy and have at least 5 years of experience
in the practice of pharmacy. The Department shall also
employ at least one attorney who is a pharmacist to prosecute
violations of this Act and its rules. The Department may, in
conformity with the Personnel Code, employ such clerical and
other employees as are necessary to carry out the duties of
the Board.
The duly authorized pharmacy investigators of the
Department shall have the right to enter and inspect during
business hours any pharmacy or any other place in the State
of Illinois holding itself out to be a pharmacy where
medicines or drugs or drug products or proprietary medicines
are sold, offered for sale, exposed for sale, or kept for
sale. The pharmacy investigators shall be the only
Department investigators authorized to inspect, investigate,
and monitor probation compliance of pharmacists and
pharmacies.
(Source: P.A. 90-253, eff. 7-29-97; 91-827, eff. 6-13-00;
revised 12-07-01.)
Section 56. The Illinois Physical Therapy Act is amended
by changing Section 1 as follows:
(225 ILCS 90/1) (from Ch. 111, par. 4251)
(Section scheduled to be repealed on January 1, 2006)
Sec. 1. Definitions. As used in this Act:
(1) "Physical therapy" means the evaluation or treatment
of a person by the use of the effective properties of
physical measures and heat, cold, light, water, radiant
energy, electricity, sound, and air; and the use of
therapeutic massage, therapeutic exercise, mobilization, and
the rehabilitative procedures with or without assistive
devices for the purposes of preventing, correcting, or
alleviating a physical or mental disability, or promoting
physical fitness and well-being. Physical therapy includes,
but is not limited to: (a) performance of specialized tests
and measurements, (b) administration of specialized treatment
procedures, (c) interpretation of referrals from physicians,
dentists and podiatrists, (d) establishment, and modification
of physical therapy treatment programs, (e) administration of
topical medication used in generally accepted physical
therapy procedures when such medication is prescribed by the
patient's physician, licensed to practice medicine in all its
branches, the patient's physician licensed to practice
podiatric medicine, or the patient's dentist, and (f)
supervision or teaching of physical therapy. Physical
therapy does not include radiology, electrosurgery,
chiropractic technique or determination of a differential
diagnosis; provided, however, the limitation on determining a
differential diagnosis shall not in any manner limit a
physical therapist licensed under this Act from performing an
evaluation pursuant to such license. Nothing in this Section
shall limit a physical therapist from employing appropriate
physical therapy techniques that he or she is educated and
licensed to perform. A physical therapist shall refer to a
licensed physician, dentist, or podiatrist any patient whose
medical condition should, at the time of evaluation or
treatment, be determined to be beyond the scope of practice
of the physical therapist.
(2) "Physical therapist" means a person who practices
physical therapy and who has met all requirements as provided
in this Act.
(3) "Department" means the Department of Professional
Regulation.
(4) "Director" means the Director of Professional
Regulation.
(5) "Committee" means the Physical Therapy Examining
Committee approved by the Director.
(6) "Referral" for the purpose of this Act means the
following of guidance or direction to the physical therapist
given by the physician, dentist, or podiatrist who shall
maintain supervision of the patient.
(7) "Documented current and relevant diagnosis" for the
purpose of this Act means a diagnosis, substantiated by
signature or oral verification of a physician, dentist, or
podiatrist, that a patient's condition is such that it may be
treated by physical therapy as defined in this Act, which
diagnosis shall remain in effect until changed by the
physician, dentist or podiatrist.
(8) "State" includes:
(a) the states of the United States of America;
(b) the District of Columbia; and or
(c) the Commonwealth of Puerto Rico.
(9) "Physical therapist assistant" means a person
licensed to assist a physical therapist and who has met all
requirements as provided in this Act and who works under the
supervision of a licensed physical therapist to assist in
implementing the physical therapy treatment program as
established by the licensed physical therapist. The patient
care activities provided by the physical therapist assistant
shall not include the interpretation of referrals, evaluation
procedures, or the planning of, or major modification
modifications of, patient programs.
(10) "Physical therapy aide" means a person who has
received on the job training, specific to the facility in
which he is employed, but who has not completed an approved
physical therapist assistant program.
(Source: P.A. 85-1440; 86-1396; revised 12-04-01.)
Section 57. The Perfusionist Practice Act is amended by
changing Section 215 as follows:
(225 ILCS 125/215)
(Section scheduled to be repealed on January 1, 2010)
Sec. 215. Criminal penalties. A person who is found to
have knowingly violated Section 105 10-5 or subsection (a) of
Section 220 of this Act is guilty of a Class A misdemeanor
for a first offense and is guilty of a Class 4 felony for a
second or subsequent offense.
(Source: P.A. 91-580, eff. 1-1-00; revised 12-07-01.)
Section 58. The Illinois Roofing Industry Licensing Act
is amended by changing Section 9.10 as follows:
(225 ILCS 335/9.10) (from Ch. 111, par. 7509.10)
(Section scheduled to be repealed on January 1, 2006)
Sec. 9.10. Returned checks; fines. Any person who
delivers a check or other payment to the Department that is
returned to the Department unpaid by the financial
institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. The fines imposed by this Section
are in addition to any other discipline provided under this
Act for unlicensed practice or practice on a nonrenewed
license. The Department shall notify the person that payment
of fees and fines shall be paid to the Department by
certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the
date of the notification, the person has failed to submit the
necessary remittance, the Department shall automatically
terminate the license or deny the application, without
hearing. If, after termination or denial, the person seeks a
license, he or she shall apply to the Department for
restoration or issuance of the license and pay all the
application fees as set by rule. The Department may
establish a fee for the processing of an application for
restoration of a license to pay all expenses of processing
this application. The Director may waive the fines due under
this Section in individual cases where the Director finds
that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 91-950, eff. 2-9-01; 92-146, eff. 1-1-02;
revised 9-13-01.)
Section 59. The Highway Advertising Control Act of 1971
is amended by changing Section 3 as follows:
(225 ILCS 440/3) (from Ch. 121, par. 503)
Sec. 3. As used in this Act, unless the context
otherwise requires, the terms defined in Sections 3.01
through 3.16 3.14 have the meanings ascribed to them in those
Sections.
(Source: P.A. 77-1815; revised 12-07-01.)
Section 60. The Home Inspector License Act is amended by
changing Section 15-20 as follows:
(225 ILCS 441/15-20)
(Section scheduled to be repealed on January 1, 2012)
Sec. 15-20. Administrative Review Law; certification
fees; Illinois Administrative Procedure Act.
(a) All final administrative decisions of the
Commissioner under this Act are subject to judicial review
pursuant to the provisions of the Administrative Review Law
and the rules adopted pursuant thereto. The term
"administrative decision" has the meaning ascribed to it in
Section 3-101 of the Administrative Review Law.
(b) OBRE shall not be required to certify any record,
file any answer, or otherwise appear unless the party filing
the administrative review complaint pays the certification
fee to OBRE as provided by rule. Failure on the part of the
plaintiff to make such a deposit shall be grounds for
dismissal of the action.
(c) The Illinois Administrative Procedure Act is hereby
expressly adopted and incorporated herein. In the event of a
conflict between this Act and the Illinois Administrative
Procedure Act, this Act shall control.
(Source: P.A. 92-239, eff. 8-3-01; revised 9-19-01.)
Section 61. The Illinois Public Accounting Act is
amended by changing Section 17 as follows:
(225 ILCS 450/17) (from Ch. 111, par. 5518)
(Section scheduled to be repealed on January 1, 2014)
(Text of Section before amendment by P.A. 92-457)
Sec. 17. Fees; returned checks; fines. Each person,
partnership, limited liability company, and corporation, to
which a license is issued, shall pay a fee to be established
by the Department which allows the Department to pay all
costs and expenses incident to the administration of this
Act. Interim licenses shall be at full rates.
The Department, by rule, shall establish fees to be paid
for certification of records, and copies of this Act and the
rules issued for administration of this Act.
Any person who delivers a check or other payment to the
Department that is returned to the Department unpaid by the
financial institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. The fines imposed by this Section
are in addition to any other discipline provided under this
Act for unlicensed practice or practice on a nonrenewed
license. The Department shall notify the person that payment
of fees and fines shall be paid to the Department by
certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the
date of the notification, the person has failed to submit the
necessary remittance, the Department shall automatically
terminate the license or certificate or deny the application,
without hearing. If, after termination or denial, the person
seeks a license or certificate, he or she shall apply to the
Department for restoration or issuance of the license or
certificate and pay all fees and fines due to the Department.
The Department may establish a fee for the processing of an
application for restoration of a license or certificate to
pay all expenses of processing this application. The
Director may waive the fines due under this Section in
individual cases where the Director finds that the fines
would be unreasonable or unnecessarily burdensome.
(Source: P.A. 92-146, eff. 1-1-02.)
(Text of Section after amendment by P.A. 92-457)
Sec. 17. Fees; returned checks; fines. Each person,
partnership, limited liability company, and corporation, to
which a license is issued, shall pay a fee to be established
by the Board which allows the Board to pay all costs and
expenses incident to the administration of this Act. Interim
licenses shall be at full rates.
The Board, by rule, shall establish fees to be paid for
certification of records, and copies of this Act and the
rules issued for administration of this Act.
Any person who delivers a check or other payment to the
Board that is returned to the Board unpaid by the financial
institution upon which it is drawn shall pay to the Board, in
addition to the amount already owed to the Board, a fine in
an amount to be established by Board rule. in an amount to
be established by Board rule The fines imposed by this
Section are in addition to any other discipline provided
under this Act for unlicensed practice or practice on a
nonrenewed license. The Board shall notify the person that
payment of fees and fines shall be paid to the Board by
certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the
date of the notification, the person has failed to submit the
necessary remittance, the Board shall automatically terminate
the license or certificate or deny the application, without
hearing. If, after termination or denial, the person seeks a
license or certificate, he or she shall apply to the Board
for restoration or issuance of the license or certificate and
pay all fees and fines due to the Board. The Board may
establish a fee for the processing of an application for
restoration of a license or certificate to pay all expenses
of processing this application. The Board may waive the
fines due under this Section in individual cases where the
Board finds that the fines would be unreasonable or
unnecessarily burdensome.
(Source: P.A. 92-146, eff. 1-1-02; 92-457, eff. 7-1-04;
revised 10-17-01.)
Section 62. The Illinois Petroleum Education and
Marketing Act is amended by changing Section 10 as follows:
(225 ILCS 728/10)
(Section scheduled to be repealed on January 1, 2008)
Sec. 10. Illinois Petroleum Resources Board.
(a) There is hereby created until July 1, 2002, the
Illinois Petroleum Resources Board which shall be subject to
the provisions of the Regulatory Agency Sunset Act. The
purpose of the Board is to coordinate a program designed to
demonstrate to the general public the importance of the
Illinois oil exploration and production industry, to
encourage the wise and efficient use of energy, to promote
environmentally sound production methods and technologies, to
develop existing supplies of State oil resources, and to
support research and educational activities concerning the
oil exploration and production industry.
(b) The Board shall be composed of 12 members to be
appointed by the Governor. The Governor shall make
appointments from a list of names submitted by qualified
producer associations, of which 10 shall be oil and gas
producers.
(c) A member of the Board shall:
(1) be at least 25 years of age;
(2) be a resident of the State of Illinois; and
(3) have at least 5 years of active experience in
the oil industry.
(d) Members shall serve for a term of 3 years, except
that of the initial appointments, 4 members shall serve for
one year, 4 members for 2 years, and 4 members for 3 years.
(e) Vacancies shall be filled for the unexpired term of
office in the same manner as the original appointment.
(f) The Board shall, at its first meeting, elect one of
its members as chairperson, who shall preside over meetings
of the Board and perform other duties that may be required by
the Board. The first meeting of the Board shall be called by
the Governor.
(g) No member of the Board shall receive a salary or
reimbursement for duties performed as a member of the Board,
except that members are eligible to receive reimbursement for
travel expenses incurred in the performance of Board duties.
(Source: P.A. 90-614, eff. 7-10-98; revised 1-9-02.)
Section 63. The Liquor Control Act of 1934 is amended by
changing Sections 5-1 and 6-16 as follows:
(235 ILCS 5/5-1) (from Ch. 43, par. 115)
Sec. 5-1. Licenses issued by the Illinois Liquor Control
Commission shall be of the following classes:
(a) Manufacturer's license - Class 1. Distiller, Class
2. Rectifier, Class 3. Brewer, Class 4. First Class Wine
Manufacturer, Class 5. Second Class Wine Manufacturer, Class
6. First Class Winemaker, Class 7. Second Class Winemaker,
Class 8. Limited Wine Manufacturer,
(b) Distributor's license,
(c) Importing Distributor's license,
(d) Retailer's license,
(e) Special Event Retailer's license (not-for-profit),
(f) Railroad license,
(g) Boat license,
(h) Non-Beverage User's license,
(i) Wine-maker's premises license,
(j) Airplane license,
(k) Foreign importer's license,
(l) Broker's license,
(m) Non-resident dealer's license,
(n) Brew Pub license,
(o) Auction liquor license,
(p) Caterer retailer license,
(q) Special use permit license.
No person, firm, partnership, corporation, or other legal
business entity that is engaged in the manufacturing of wine
may concurrently obtain and hold a wine-maker's license and a
wine manufacturer's license.
(a) A manufacturer's license shall allow the
manufacture, importation in bulk, storage, distribution and
sale of alcoholic liquor to persons without the State, as may
be permitted by law and to licensees in this State as
follows:
Class 1. A Distiller may make sales and deliveries of
alcoholic liquor to distillers, rectifiers, importing
distributors, distributors and non-beverage users and to no
other licensees.
Class 2. A Rectifier, who is not a distiller, as defined
herein, may make sales and deliveries of alcoholic liquor to
rectifiers, importing distributors, distributors, retailers
and non-beverage users and to no other licensees.
Class 3. A Brewer may make sales and deliveries of beer
to importing distributors, distributors, and to
non-licensees, and to retailers provided the brewer obtains
an importing distributor's license or distributor's license
in accordance with the provisions of this Act.
Class 4. A first class wine-manufacturer may make sales
and deliveries of up to 50,000 gallons of wine to
manufacturers, importing distributors and distributors, and
to no other licensees.
Class 5. A second class Wine manufacturer may make sales
and deliveries of more than 50,000 gallons of wine to
manufacturers, importing distributors and distributors and to
no other licensees.
Class 6. A first-class wine-maker's license shall allow
the manufacture of up to 50,000 gallons of wine per year, and
the storage and sale of such wine to distributors in the
State and to persons without the State, as may be permitted
by law. A first-class wine-maker's license shall allow the
sale of no more than 5,000 gallons of the licensee's wine to
retailers. The State Commission shall issue only one
first-class wine-maker's license to any person, firm,
partnership, corporation, or other legal business entity that
is engaged in the making of less than 50,000 gallons of wine
annually that applies for a first-class wine-maker's license.
No subsidiary or affiliate thereof, nor any officer,
associate, member, partner, representative, employee, agent,
or shareholder may be issued an additional wine-maker's
license by the State Commission.
Class 7. A second-class wine-maker's license shall allow
the manufacture of between 50,000 and 100,000 gallons of wine
per year, and the storage and sale of such wine to
distributors in this State and to persons without the State,
as may be permitted by law. A second-class wine-maker's
license shall allow the sale of no more than 10,000 gallons
of the licensee's wine directly to retailers. The State
Commission shall issue only one second-class wine-maker's
license to any person, firm, partnership, corporation, or
other legal business entity that is engaged in the making of
less than 100,000 gallons of wine annually that applies for a
second-class wine-maker's license. No subsidiary or
affiliate thereof, or any officer, associate, member,
partner, representative, employee, agent, or shareholder may
be issued an additional wine-maker's license by the State
Commission.
Class 8. A limited wine-manufacturer may make sales and
deliveries not to exceed 40,000 gallons of wine per year to
distributors, and to non-licensees in accordance with the
provisions of this Act.
(a-1) A manufacturer which is licensed in this State to
make sales or deliveries of alcoholic liquor and which
enlists agents, representatives, or individuals acting on its
behalf who contact licensed retailers on a regular and
continual basis in this State must register those agents,
representatives, or persons acting on its behalf with the
State Commission.
Registration of agents, representatives, or persons
acting on behalf of a manufacturer is fulfilled by submitting
a form to the Commission. The form shall be developed by the
Commission and shall include the name and address of the
applicant, the name and address of the manufacturer he or she
represents, the territory or areas assigned to sell to or
discuss pricing terms of alcoholic liquor, and any other
questions deemed appropriate and necessary. All statements in
the forms required to be made by law or by rule shall be
deemed material, and any person who knowingly misstates any
material fact under oath in an application is guilty of a
Class B misdemeanor. Fraud, misrepresentation, false
statements, misleading statements, evasions, or suppression
of material facts in the securing of a registration are
grounds for suspension or revocation of the registration.
(b) A distributor's license shall allow the wholesale
purchase and storage of alcoholic liquors and sale of
alcoholic liquors to licensees in this State and to persons
without the State, as may be permitted by law.
(c) An importing distributor's license may be issued to
and held by those only who are duly licensed distributors,
upon the filing of an application by a duly licensed
distributor, with the Commission and the Commission shall,
without the payment of any fee, immediately issue such
importing distributor's license to the applicant, which shall
allow the importation of alcoholic liquor by the licensee
into this State from any point in the United States outside
this State, and the purchase of alcoholic liquor in barrels,
casks or other bulk containers and the bottling of such
alcoholic liquors before resale thereof, but all bottles or
containers so filled shall be sealed, labeled, stamped and
otherwise made to comply with all provisions, rules and
regulations governing manufacturers in the preparation and
bottling of alcoholic liquors. The importing distributor's
license shall permit such licensee to purchase alcoholic
liquor from Illinois licensed non-resident dealers and
foreign importers only.
(d) A retailer's license shall allow the licensee to
sell and offer for sale at retail, only in the premises
specified in such license, alcoholic liquor for use or
consumption, but not for resale in any form: Provided that
any retail license issued to a manufacturer shall only permit
such manufacturer to sell beer at retail on the premises
actually occupied by such manufacturer.
After January 1, 1995 there shall be 2 classes of
licenses issued under a retailers license.
(1) A "retailers on premise consumption license"
shall allow the licensee to sell and offer for sale at
retail, only on the premises specified in the license,
alcoholic liquor for use or consumption on the premises
or on and off the premises, but not for resale in any
form.
(2) An "off premise sale license" shall allow the
licensee to sell, or offer for sale at retail, alcoholic
liquor intended only for off premise consumption and not
for resale in any form.
Notwithstanding any other provision of this subsection
(d), a retail licensee may sell alcoholic liquors to a
special event retailer licensee for resale to the extent
permitted under subsection (e).
(e) A special event retailer's license (not-for-profit)
shall permit the licensee to purchase alcoholic liquors from
an Illinois licensed distributor (unless the licensee
purchases less than $500 of alcoholic liquors for the special
event, in which case the licensee may purchase the alcoholic
liquors from a licensed retailer) and shall allow the
licensee to sell and offer for sale, at retail, alcoholic
liquors for use or consumption, but not for resale in any
form and only at the location and on the specific dates
designated for the special event in the license. An
applicant for a special event retailer license must (i)
furnish with the application: (A) a resale number issued
under Section 2c of the Retailers' Occupation Tax Act or
evidence that the applicant is registered under Section 2a of
the Retailers' Occupation Tax Act, (B) a current, valid
exemption identification number issued under Section 1g of
the Retailers' Occupation Tax Act, and a certification to the
Commission that the purchase of alcoholic liquors will be a
tax-exempt purchase, or (C) a statement that the applicant is
not registered under Section 2a of the Retailers' Occupation
Tax Act, does not hold a resale number under Section 2c of
the Retailers' Occupation Tax Act, and does not hold an
exemption number under Section 1g of the Retailers'
Occupation Tax Act, in which event the Commission shall set
forth on the special event retailer's license a statement to
that effect; (ii) submit with the application proof
satisfactory to the State Commission that the applicant will
provide dram shop liability insurance in the maximum limits;
and (iii) show proof satisfactory to the State Commission
that the applicant has obtained local authority approval.
(f) A railroad license shall permit the licensee to
import alcoholic liquors into this State from any point in
the United States outside this State and to store such
alcoholic liquors in this State; to make wholesale purchases
of alcoholic liquors directly from manufacturers, foreign
importers, distributors and importing distributors from
within or outside this State; and to store such alcoholic
liquors in this State; provided that the above powers may be
exercised only in connection with the importation, purchase
or storage of alcoholic liquors to be sold or dispensed on a
club, buffet, lounge or dining car operated on an electric,
gas or steam railway in this State; and provided further,
that railroad licensees exercising the above powers shall be
subject to all provisions of Article VIII of this Act as
applied to importing distributors. A railroad license shall
also permit the licensee to sell or dispense alcoholic
liquors on any club, buffet, lounge or dining car operated on
an electric, gas or steam railway regularly operated by a
common carrier in this State, but shall not permit the sale
for resale of any alcoholic liquors to any licensee within
this State. A license shall be obtained for each car in
which such sales are made.
(g) A boat license shall allow the sale of alcoholic
liquor in individual drinks, on any passenger boat regularly
operated as a common carrier on navigable waters in this
State, which boat maintains a public dining room or
restaurant thereon.
(h) A non-beverage user's license shall allow the
licensee to purchase alcoholic liquor from a licensed
manufacturer or importing distributor, without the imposition
of any tax upon the business of such licensed manufacturer or
importing distributor as to such alcoholic liquor to be used
by such licensee solely for the non-beverage purposes set
forth in subsection (a) of Section 8-1 of this Act, and such
licenses shall be divided and classified and shall permit the
purchase, possession and use of limited and stated quantities
of alcoholic liquor as follows:
Class 1, not to exceed ....................... 500 gallons
Class 2, not to exceed ....................... 1,000 gallons
Class 3, not to exceed ....................... 5,000 gallons
Class 4, not to exceed ....................... 10,000 gallons
Class 5, not to exceed ....................... 50,000 gallons
(i) A wine-maker's premises license shall allow a
licensee that concurrently holds a first-class wine-maker's
license to sell and offer for sale at retail in the premises
specified in such license not more than 50,000 gallons of the
first-class wine-maker's wine that is made at the first-class
wine-maker's licensed premises per year for use or
consumption, but not for resale in any form. A wine-maker's
premises license shall allow a licensee who concurrently
holds a second-class wine-maker's license to sell and offer
for sale at retail in the premises specified in such license
up to 100,000 gallons of the second-class wine-maker's wine
that is made at the second-class wine-maker's licensed
premises per year for use or consumption but not for resale
in any form. Upon approval from the State Commission, a
wine-maker's premises license shall allow the licensee to
sell and offer for sale at (i) the wine-maker's licensed
premises and (ii) at up to 2 additional locations for use and
consumption and not for resale. Each location shall require
additional licensing per location as specified in Section 5-3
of this Act.
(j) An airplane license shall permit the licensee to
import alcoholic liquors into this State from any point in
the United States outside this State and to store such
alcoholic liquors in this State; to make wholesale purchases
of alcoholic liquors directly from manufacturers, foreign
importers, distributors and importing distributors from
within or outside this State; and to store such alcoholic
liquors in this State; provided that the above powers may be
exercised only in connection with the importation, purchase
or storage of alcoholic liquors to be sold or dispensed on an
airplane; and provided further, that airplane licensees
exercising the above powers shall be subject to all
provisions of Article VIII of this Act as applied to
importing distributors. An airplane licensee shall also
permit the sale or dispensing of alcoholic liquors on any
passenger airplane regularly operated by a common carrier in
this State, but shall not permit the sale for resale of any
alcoholic liquors to any licensee within this State. A
single airplane license shall be required of an airline
company if liquor service is provided on board aircraft in
this State. The annual fee for such license shall be as
determined in Section 5-3.
(k) A foreign importer's license shall permit such
licensee to purchase alcoholic liquor from Illinois licensed
non-resident dealers only, and to import alcoholic liquor
other than in bulk from any point outside the United States
and to sell such alcoholic liquor to Illinois licensed
importing distributors and to no one else in Illinois;
provided that the foreign importer registers with the State
Commission every brand of alcoholic liquor that it proposes
to sell to Illinois licensees during the license period and
provided further that the foreign importer complies with all
of the provisions of Section 6-9 of this Act with respect to
registration of such Illinois licensees as may be granted the
right to sell such brands at wholesale.
(l) (i) A broker's license shall be required of all
persons who solicit orders for, offer to sell or offer to
supply alcoholic liquor to retailers in the State of
Illinois, or who offer to retailers to ship or cause to be
shipped or to make contact with distillers, rectifiers,
brewers or manufacturers or any other party within or without
the State of Illinois in order that alcoholic liquors be
shipped to a distributor, importing distributor or foreign
importer, whether such solicitation or offer is consummated
within or without the State of Illinois.
No holder of a retailer's license issued by the Illinois
Liquor Control Commission shall purchase or receive any
alcoholic liquor, the order for which was solicited or
offered for sale to such retailer by a broker unless the
broker is the holder of a valid broker's license.
The broker shall, upon the acceptance by a retailer of
the broker's solicitation of an order or offer to sell or
supply or deliver or have delivered alcoholic liquors,
promptly forward to the Illinois Liquor Control Commission a
notification of said transaction in such form as the
Commission may by regulations prescribe.
(ii) A broker's license shall be required of a person
within this State, other than a retail licensee, who, for a
fee or commission, promotes, solicits, or accepts orders for
alcoholic liquor, for use or consumption and not for resale,
to be shipped from this State and delivered to residents
outside of this State by an express company, common carrier,
or contract carrier. This Section does not apply to any
person who promotes, solicits, or accepts orders for wine as
specifically authorized in Section 6-29 of this Act.
A broker's license under this subsection (1) shall not
entitle the holder to buy or sell any alcoholic liquors for
his own account or to take or deliver title to such alcoholic
liquors.
This subsection (1) shall not apply to distributors,
employees of distributors, or employees of a manufacturer who
has registered the trademark, brand or name of the alcoholic
liquor pursuant to Section 6-9 of this Act, and who regularly
sells such alcoholic liquor in the State of Illinois only to
its registrants thereunder.
Any agent, representative, or person subject to
registration pursuant to subsection (a-1) of this Section
shall not be eligible to receive a broker's license.
(m) A non-resident dealer's license shall permit such
licensee to ship into and warehouse alcoholic liquor into
this State from any point outside of this State, and to sell
such alcoholic liquor to Illinois licensed foreign importers
and importing distributors and to no one else in this State;
provided that said non-resident dealer shall register with
the Illinois Liquor Control Commission each and every brand
of alcoholic liquor which it proposes to sell to Illinois
licensees during the license period; and further provided
that it shall comply with all of the provisions of Section
6-9 hereof with respect to registration of such Illinois
licensees as may be granted the right to sell such brands at
wholesale.
(n) A brew pub license shall allow the licensee to
manufacture beer only on the premises specified in the
license, to make sales of the beer manufactured on the
premises to importing distributors, distributors, and to
non-licensees for use and consumption, to store the beer upon
the premises, and to sell and offer for sale at retail from
the licensed premises, provided that a brew pub licensee
shall not sell for off-premises consumption more than 50,000
gallons per year.
(o) A caterer retailer license shall allow the holder to
serve alcoholic liquors as an incidental part of a food
service that serves prepared meals which excludes the serving
of snacks as the primary meal, either on or off-site whether
licensed or unlicensed.
(p) An auction liquor license shall allow the licensee
to sell and offer for sale at auction wine and spirits for
use or consumption, or for resale by an Illinois liquor
licensee in accordance with provisions of this Act. An
auction liquor license will be issued to a person and it will
permit the auction liquor licensee to hold the auction
anywhere in the State. An auction liquor license must be
obtained for each auction at least 14 days in advance of the
auction date.
(q) A special use permit license shall allow an Illinois
licensed retailer to transfer a portion of its alcoholic
liquor inventory from its retail licensed premises to the
premises specified in the license hereby created, and to sell
or offer for sale at retail, only in the premises specified
in the license hereby created, the transferred alcoholic
liquor for use or consumption, but not for resale in any
form. A special use permit license may be granted for the
following time periods: one day or less; 2 or more days to a
maximum of 15 days per location in any 12 month period. An
applicant for the special use permit license must also submit
with the application proof satisfactory to the State
Commission that the applicant will provide dram shop
liability insurance to the maximum limits and have local
authority approval.
(Source: P.A. 91-357, eff. 7-29-99; 92-105, eff. 1-1-02;
92-378, eff. 8-16-01; revised 10-10-01.)
(235 ILCS 5/6-16) (from Ch. 43, par. 131)
Sec. 6-16. Prohibited sales and possession.
(a) (i) No licensee nor any officer, associate, member,
representative, agent, or employee of such licensee shall
sell, give, or deliver alcoholic liquor to any person under
the age of 21 years or to any intoxicated person, except as
provided in Section 6-16.1. (ii) No express company, common
carrier, or contract carrier nor any representative, agent,
or employee on behalf of an express company, common carrier,
or contract carrier that carries or transports alcoholic
liquor for delivery within this State shall knowingly give or
knowingly deliver to a residential address any shipping
container clearly labeled as containing alcoholic liquor and
labeled as requiring signature of an adult of at least 21
years of age to any person in this State under the age of 21
years. An express company, common carrier, or contract
carrier that carries or transports such alcoholic liquor for
delivery within this State shall obtain a signature at the
time of delivery acknowledging receipt of the alcoholic
liquor by an adult who is at least 21 years of age. At no
time while delivering alcoholic beverages within this State
may any representative, agent, or employee of an express
company, common carrier, or contract carrier that carries or
transports alcoholic liquor for delivery within this State
deliver the alcoholic liquor to a residential address without
the acknowledgment of the consignee and without first
obtaining a signature at the time of the delivery by an adult
who is at least 21 years of age. A signature of a person on
file with the express company, common carrier, or contract
carrier does not constitute acknowledgement of the consignee.
Any express company, common carrier, or contract carrier that
transports alcoholic liquor for delivery within this State
that violates this item (ii) of this subsection (a) by
delivering alcoholic liquor without the acknowledgement of
the consignee and without first obtaining a signature at the
time of the delivery by an adult who is at least 21 years of
age is guilty of a business offense for which the express
company, common carrier, or contract carrier that transports
alcoholic liquor within this State shall be fined not more
than $1,001 for a first offense, not more than $5,000 for a
second offense, and not more than $10,000 for a third or
subsequent offense. An express company, common carrier, or
contract carrier shall be held vicariously liable for the
actions of its representatives, agents, or employees. For
purposes of this Act, in addition to other methods authorized
by law, an express company, common carrier, or contract
carrier shall be considered served with process when a
representative, agent, or employee alleged to have violated
this Act is personally served. Each shipment of alcoholic
liquor delivered in violation of this item (ii) of this
subsection (a) constitutes a separate offense. (iii) No
person, after purchasing or otherwise obtaining alcoholic
liquor, shall sell, give, or deliver such alcoholic liquor to
another person under the age of 21 years, except in the
performance of a religious ceremony or service. Except as
otherwise provided in item (ii), any express company, common
carrier, or contract carrier that transports alcoholic liquor
within this State that violates the provisions of item (i),
(ii), or (iii) of this paragraph of this subsection (a) is
guilty of a Class A misdemeanor and the sentence shall
include, but shall not be limited to, a fine of not less than
$500.
If a licensee or officer, associate, member,
representative, agent, or employee of the licensee, or a
representative, agent, or employee of an express company,
common carrier, or contract carrier that carries or
transports alcoholic liquor for delivery within this State,
is prosecuted under this paragraph of this subsection (a) for
selling, giving, or delivering alcoholic liquor to a person
under the age of 21 years, the person under 21 years of age
who attempted to buy or receive the alcoholic liquor may be
prosecuted pursuant to Section 6-20 of this Act, unless the
person under 21 years of age was acting under the authority
of a law enforcement agency, the Illinois Liquor Control
Commission, or a local liquor control commissioner pursuant
to a plan or action to investigate, patrol, or conduct any
similar enforcement action.
For the purpose of preventing the violation of this
Section, any licensee, or his agent or employee, or a
representative, agent, or employee of an express company,
common carrier, or contract carrier that carries or
transports alcoholic liquor for delivery within this State,
shall refuse to sell, deliver, or serve alcoholic beverages
to any person who is unable to produce adequate written
evidence of identity and of the fact that he or she is over
the age of 21 years, if requested by the licensee, agent,
employee, or representative.
Adequate written evidence of age and identity of the
person is a document issued by a federal, state, county, or
municipal government, or subdivision or agency thereof,
including, but not limited to, a motor vehicle operator's
license, a registration certificate issued under the Federal
Selective Service Act, or an identification card issued to a
member of the Armed Forces. Proof that the
defendant-licensee, or his employee or agent, or the
representative, agent, or employee of the express company,
common carrier, or contract carrier that carries or
transports alcoholic liquor for delivery within this State
demanded, was shown and reasonably relied upon such written
evidence in any transaction forbidden by this Section is an
affirmative defense in any criminal prosecution therefor or
to any proceedings for the suspension or revocation of any
license based thereon. It shall not, however, be an
affirmative defense if the agent or employee accepted the
written evidence knowing it to be false or fraudulent. If a
false or fraudulent Illinois driver's license or Illinois
identification card is presented by a person less than 21
years of age to a licensee or the licensee's agent or
employee for the purpose of ordering, purchasing, attempting
to purchase, or otherwise obtaining or attempting to obtain
the serving of any alcoholic beverage, the law enforcement
officer or agency investigating the incident shall, upon the
conviction of the person who presented the fraudulent license
or identification, make a report of the matter to the
Secretary of State on a form provided by the Secretary of
State.
However, no agent or employee of the licensee or employee
of an express company, common carrier, or contract carrier
that carries or transports alcoholic liquor for delivery
within this State shall be disciplined or discharged for
selling or furnishing liquor to a person under 21 years of
age if the agent or employee demanded and was shown, before
furnishing liquor to a person under 21 years of age, adequate
written evidence of age and identity of the person issued by
a federal, state, county or municipal government, or
subdivision or agency thereof, including but not limited to a
motor vehicle operator's license, a registration certificate
issued under the Federal Selective Service Act, or an
identification card issued to a member of the Armed Forces.
This paragraph, however, shall not apply if the agent or
employee accepted the written evidence knowing it to be false
or fraudulent.
Any person who sells, gives, or furnishes to any person
under the age of 21 years any false or fraudulent written,
printed, or photostatic evidence of the age and identity of
such person or who sells, gives or furnishes to any person
under the age of 21 years evidence of age and identification
of any other person is guilty of a Class A misdemeanor and
the person's sentence shall include, but shall not be limited
to, a fine of not less than $500.
Any person under the age of 21 years who presents or
offers to any licensee, his agent or employee, any written,
printed or photostatic evidence of age and identity that is
false, fraudulent, or not actually his or her own for the
purpose of ordering, purchasing, attempting to purchase or
otherwise procuring or attempting to procure, the serving of
any alcoholic beverage, who falsely states in writing that he
or she is at least 21 years of age when receiving alcoholic
liquor from a representative, agent, or employee of an
express company, common carrier, or contract carrier, or who
has in his or her possession any false or fraudulent written,
printed, or photostatic evidence of age and identity, is
guilty of a Class A misdemeanor and the person's sentence
shall include, but shall not be limited to, the following: a
fine of not less than $500 and at least 25 hours of community
service. If possible, any community service shall be
performed for an alcohol abuse prevention program.
Any person under the age of 21 years who has any
alcoholic beverage in his or her possession on any street or
highway or in any public place or in any place open to the
public is guilty of a Class A misdemeanor. This Section does
not apply to possession by a person under the age of 21 years
making a delivery of an alcoholic beverage in pursuance of
the order of his or her parent or in pursuance of his or her
employment.
(a-1) It is unlawful for any parent or guardian to
permit his or her residence to be used by an invitee of the
parent's child or the guardian's ward, if the invitee is
under the age of 21, in a manner that constitutes a violation
of this Section. A parent or guardian is deemed to have
permitted his or her residence to be used in violation of
this Section if he or she knowingly authorizes, enables, or
permits such use to occur by failing to control access to
either the residence or the alcoholic liquor maintained in
the residence. Any person who violates this subsection (a-1)
is guilty of a Class A misdemeanor and the person's sentence
shall include, but shall not be limited to, a fine of not
less than $500. Nothing in this subsection (a-1) shall be
construed to prohibit the giving of alcoholic liquor to a
person under the age of 21 years in the performance of a
religious ceremony or service.
(b) Except as otherwise provided in this Section whoever
violates this Section shall, in addition to other penalties
provided for in this Act, be guilty of a Class A misdemeanor.
(c) Any person shall be guilty of a Class A misdemeanor
where he or she knowingly permits a gathering at a residence
which he or she occupies of two or more persons where any one
or more of the persons is under 21 years of age and the
following factors also apply:
(1) the person occupying the residence knows that
any such person under the age of 21 is in possession of
or is consuming any alcoholic beverage; and
(2) the possession or consumption of the alcohol by
the person under 21 is not otherwise permitted by this
Act; and
(3) the person occupying the residence knows that
the person under the age of 21 leaves the residence in an
intoxicated condition.
For the purposes of this subsection (c) where the
residence has an owner and a tenant or lessee, there is a
rebuttable presumption that the residence is occupied only by
the tenant or lessee.
(d) Any person who rents a hotel or motel room from the
proprietor or agent thereof for the purpose of or with the
knowledge that such room shall be used for the consumption of
alcoholic liquor by persons under the age of 21 years shall
be guilty of a Class A misdemeanor.
(e) Except as otherwise provided in this Act, any person
who has alcoholic liquor in his or her possession on public
school district property on school days or at events on
public school district property when children are present is
guilty of a petty offense, unless the alcoholic liquor (i) is
in the original container with the seal unbroken and is in
the possession of a person who is not otherwise legally
prohibited from possessing the alcoholic liquor or (ii) is in
the possession of a person in or for the performance of a
religious service or ceremony authorized by the school board.
(Source: P.A. 92-380, eff. 1-1-02; 92-503, eff. 1-1-02;
92-507, eff. 1-1-02; revised 1-7-02.)
Section 64. The Illinois Public Aid Code is amended by
changing Sections 4-1.7, 5-5, 5-5.4, 5-10, 5-12, 8A-7.1, 9-1,
10-3, 10-10.5, 11-22b, 12-4.25, and 12-10.2 and setting forth
and renumbering multiple versions of Section 12-10.5 as
follows:
(305 ILCS 5/4-1.7) (from Ch. 23, par. 4-1.7)
Sec. 4-1.7. Enforcement of Parental Child Support
Obligation.) If the parent or parents of the child are
failing to meet or are delinquent in their legal obligation
to support the child, the parent or other person having
custody of the child or the Illinois Department of Public Aid
may request the law enforcement officer authorized or
directed by law to so act to file action for the enforcement
of such remedies as the law provides for the fulfillment of
the child support obligation.
If a parent has a judicial remedy against the other
parent to compel child support, or if, as the result of an
action initiated by or in behalf of one parent against the
other, a child support order has been entered in respect to
which there is noncompliance or delinquency, or where the
order so entered may be changed upon petition to the court to
provide additional support, the parent or other person having
custody of the child or the Illinois Department of Public Aid
may request the appropriate law enforcement officer to seek
enforcement of the remedy, or of the support order, or a
change therein to provide additional support. If the law
enforcement officer is not authorized by law to so act in
these instances, the parent, or if so authorized by law the
other person having custody of the child, or the Illinois
Department of Public Aid may initiate an action to enforce
these remedies.
A parent or other person having custody of the child must
comply with the requirements of Title IV of the federal
Social Security Act, and the regulations duly promulgated
thereunder, and any rules promulgated by the Illinois
Department regarding enforcement of the child support
obligation. The Illinois Department of Public Aid and the
Department of Human Services may provide by rule for the
grant or continuation of aid to the person for a temporary
period if he or she accepts counseling or other services
designed to increase his or her motivation to seek
enforcement of the child support obligation.
In addition to any other definition of failure or refusal
to comply with the requirements of Title IV of the federal
Social Security Act, or Illinois Department rule, in the case
of failure to attend court hearings, the parent or other
person can show cooperation by attending a court hearing or,
if a court hearing cannot be scheduled within 14 days
following the court hearing that was missed, by signing a
statement that the parent or other person is now willing to
cooperate in the child support enforcement process and will
appear at any later scheduled court date. The parent or
other person can show cooperation by signing such a statement
only once. If failure to attend the court hearing or other
failure to cooperate results in the case being dismissed,
such a statement may be signed after 2 months.
No denial or termination of medical assistance pursuant
to this Section shall commence during pregnancy of the parent
or other person having custody of the child or for 30 days
after the termination of such pregnancy. The termination of
medical assistance may commence thereafter if the Illinois
Department of Public Aid determines that the failure or
refusal to comply with this Section persists. Postponement
of denial or termination of medical assistance during
pregnancy under this paragraph shall be effective only to the
extent it does not conflict with federal law or regulation.
Any evidence a parent or other person having custody of
the child gives in order to comply with the requirements of
this Section shall not render him or her liable to
prosecution under Sections 11-7 or 11-8 of the "Criminal Code
of 1961", approved July 28, 1961, as amended.
When so requested, the Illinois Department of Public Aid
and the Department of Human Services shall provide such
services and assistance as the law enforcement officer may
require in connection with the filing of any action
hereunder.
The Illinois Department of Public Aid and the Department
of Human Services, and as an expense of administration, may
also provide applicants for and recipients of aid with such
services and assistance, including assumption of the
reasonable costs of prosecuting any action or proceeding, as
may be necessary to enable them to enforce the child support
liability required hereunder.
Nothing in this Section shall be construed as a
requirement that an applicant or recipient file an action for
dissolution of marriage against his or her spouse.
(Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97;
revised 12-13-01.)
(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
Sec. 5-5. Medical services. The Illinois Department, by
rule, shall determine the quantity and quality of and the
rate of reimbursement for the medical assistance for which
payment will be authorized, and the medical services to be
provided, which may include all or part of the following: (1)
inpatient hospital services; (2) outpatient hospital
services; (3) other laboratory and X-ray services; (4)
skilled nursing home services; (5) physicians' services
whether furnished in the office, the patient's home, a
hospital, a skilled nursing home, or elsewhere; (6) medical
care, or any other type of remedial care furnished by
licensed practitioners; (7) home health care services; (8)
private duty nursing service; (9) clinic services; (10)
dental services; (11) physical therapy and related services;
(12) prescribed drugs, dentures, and prosthetic devices; and
eyeglasses prescribed by a physician skilled in the diseases
of the eye, or by an optometrist, whichever the person may
select; (13) other diagnostic, screening, preventive, and
rehabilitative services; (14) transportation and such other
expenses as may be necessary; (15) medical treatment of
sexual assault survivors, as defined in Section 1a of the
Sexual Assault Survivors Emergency Treatment Act, for
injuries sustained as a result of the sexual assault,
including examinations and laboratory tests to discover
evidence which may be used in criminal proceedings arising
from the sexual assault; (16) the diagnosis and treatment of
sickle cell anemia; and (17) any other medical care, and any
other type of remedial care recognized under the laws of this
State, but not including abortions, or induced miscarriages
or premature births, unless, in the opinion of a physician,
such procedures are necessary for the preservation of the
life of the woman seeking such treatment, or except an
induced premature birth intended to produce a live viable
child and such procedure is necessary for the health of the
mother or her unborn child. The Illinois Department, by rule,
shall prohibit any physician from providing medical
assistance to anyone eligible therefor under this Code where
such physician has been found guilty of performing an
abortion procedure in a wilful and wanton manner upon a woman
who was not pregnant at the time such abortion procedure was
performed. The term "any other type of remedial care" shall
include nursing care and nursing home service for persons who
rely on treatment by spiritual means alone through prayer for
healing.
Notwithstanding any other provision of this Section, a
comprehensive tobacco use cessation program that includes
purchasing prescription drugs or prescription medical devices
approved by the Food and Drug administration shall be covered
under the medical assistance program under this Article for
persons who are otherwise eligible for assistance under this
Article.
Notwithstanding any other provision of this Code, the
Illinois Department may not require, as a condition of
payment for any laboratory test authorized under this
Article, that a physician's handwritten signature appear on
the laboratory test order form. The Illinois Department may,
however, impose other appropriate requirements regarding
laboratory test order documentation.
The Illinois Department of Public Aid shall provide the
following services to persons eligible for assistance under
this Article who are participating in education, training or
employment programs operated by the Department of Human
Services as successor to the Department of Public Aid:
(1) dental services, which shall include but not be
limited to prosthodontics; and
(2) eyeglasses prescribed by a physician skilled in
the diseases of the eye, or by an optometrist, whichever
the person may select.
The Illinois Department, by rule, may distinguish and
classify the medical services to be provided only in
accordance with the classes of persons designated in Section
5-2.
The Illinois Department shall authorize the provision of,
and shall authorize payment for, screening by low-dose
mammography for the presence of occult breast cancer for
women 35 years of age or older who are eligible for medical
assistance under this Article, as follows: a baseline
mammogram for women 35 to 39 years of age and an annual
mammogram for women 40 years of age or older. All screenings
shall include a physical breast exam, instruction on
self-examination and information regarding the frequency of
self-examination and its value as a preventative tool. As
used in this Section, "low-dose mammography" means the x-ray
examination of the breast using equipment dedicated
specifically for mammography, including the x-ray tube,
filter, compression device, image receptor, and cassettes,
with an average radiation exposure delivery of less than one
rad mid-breast, with 2 views for each breast.
Any medical or health care provider shall immediately
recommend, to any pregnant woman who is being provided
prenatal services and is suspected of drug abuse or is
addicted as defined in the Alcoholism and Other Drug Abuse
and Dependency Act, referral to a local substance abuse
treatment provider licensed by the Department of Human
Services or to a licensed hospital which provides substance
abuse treatment services. The Department of Public Aid shall
assure coverage for the cost of treatment of the drug abuse
or addiction for pregnant recipients in accordance with the
Illinois Medicaid Program in conjunction with the Department
of Human Services.
All medical providers providing medical assistance to
pregnant women under this Code shall receive information from
the Department on the availability of services under the Drug
Free Families with a Future or any comparable program
providing case management services for addicted women,
including information on appropriate referrals for other
social services that may be needed by addicted women in
addition to treatment for addiction.
The Illinois Department, in cooperation with the
Departments of Human Services (as successor to the Department
of Alcoholism and Substance Abuse) and Public Health, through
a public awareness campaign, may provide information
concerning treatment for alcoholism and drug abuse and
addiction, prenatal health care, and other pertinent programs
directed at reducing the number of drug-affected infants born
to recipients of medical assistance.
Neither the Illinois Department of Public Aid nor the
Department of Human Services shall sanction the recipient
solely on the basis of her substance abuse.
The Illinois Department shall establish such regulations
governing the dispensing of health services under this
Article as it shall deem appropriate. In formulating these
regulations the Illinois Department shall consult with and
give substantial weight to the recommendations offered by the
Citizens Assembly/Council on Public Aid. The Department
should seek the advice of formal professional advisory
committees appointed by the Director of the Illinois
Department for the purpose of providing regular advice on
policy and administrative matters, information dissemination
and educational activities for medical and health care
providers, and consistency in procedures to the Illinois
Department.
The Illinois Department may develop and contract with
Partnerships of medical providers to arrange medical services
for persons eligible under Section 5-2 of this Code.
Implementation of this Section may be by demonstration
projects in certain geographic areas. The Partnership shall
be represented by a sponsor organization. The Department, by
rule, shall develop qualifications for sponsors of
Partnerships. Nothing in this Section shall be construed to
require that the sponsor organization be a medical
organization.
The sponsor must negotiate formal written contracts with
medical providers for physician services, inpatient and
outpatient hospital care, home health services, treatment for
alcoholism and substance abuse, and other services determined
necessary by the Illinois Department by rule for delivery by
Partnerships. Physician services must include prenatal and
obstetrical care. The Illinois Department shall reimburse
medical services delivered by Partnership providers to
clients in target areas according to provisions of this
Article and the Illinois Health Finance Reform Act, except
that:
(1) Physicians participating in a Partnership and
providing certain services, which shall be determined by
the Illinois Department, to persons in areas covered by
the Partnership may receive an additional surcharge for
such services.
(2) The Department may elect to consider and
negotiate financial incentives to encourage the
development of Partnerships and the efficient delivery of
medical care.
(3) Persons receiving medical services through
Partnerships may receive medical and case management
services above the level usually offered through the
medical assistance program.
Medical providers shall be required to meet certain
qualifications to participate in Partnerships to ensure the
delivery of high quality medical services. These
qualifications shall be determined by rule of the Illinois
Department and may be higher than qualifications for
participation in the medical assistance program. Partnership
sponsors may prescribe reasonable additional qualifications
for participation by medical providers, only with the prior
written approval of the Illinois Department.
Nothing in this Section shall limit the free choice of
practitioners, hospitals, and other providers of medical
services by clients. In order to ensure patient freedom of
choice, the Illinois Department shall immediately promulgate
all rules and take all other necessary actions so that
provided services may be accessed from therapeutically
certified optometrists to the full extent of the Illinois
Optometric Practice Act of 1987 without discriminating
between service providers.
The Department shall apply for a waiver from the United
States Health Care Financing Administration to allow for the
implementation of Partnerships under this Section.
The Illinois Department shall require health care
providers to maintain records that document the medical care
and services provided to recipients of Medical Assistance
under this Article. The Illinois Department shall require
health care providers to make available, when authorized by
the patient, in writing, the medical records in a timely
fashion to other health care providers who are treating or
serving persons eligible for Medical Assistance under this
Article. All dispensers of medical services shall be
required to maintain and retain business and professional
records sufficient to fully and accurately document the
nature, scope, details and receipt of the health care
provided to persons eligible for medical assistance under
this Code, in accordance with regulations promulgated by the
Illinois Department. The rules and regulations shall require
that proof of the receipt of prescription drugs, dentures,
prosthetic devices and eyeglasses by eligible persons under
this Section accompany each claim for reimbursement submitted
by the dispenser of such medical services. No such claims for
reimbursement shall be approved for payment by the Illinois
Department without such proof of receipt, unless the Illinois
Department shall have put into effect and shall be operating
a system of post-payment audit and review which shall, on a
sampling basis, be deemed adequate by the Illinois Department
to assure that such drugs, dentures, prosthetic devices and
eyeglasses for which payment is being made are actually being
received by eligible recipients. Within 90 days after the
effective date of this amendatory Act of 1984, the Illinois
Department shall establish a current list of acquisition
costs for all prosthetic devices and any other items
recognized as medical equipment and supplies reimbursable
under this Article and shall update such list on a quarterly
basis, except that the acquisition costs of all prescription
drugs shall be updated no less frequently than every 30 days
as required by Section 5-5.12.
The rules and regulations of the Illinois Department
shall require that a written statement including the required
opinion of a physician shall accompany any claim for
reimbursement for abortions, or induced miscarriages or
premature births. This statement shall indicate what
procedures were used in providing such medical services.
The Illinois Department shall require that all dispensers
of medical services, other than an individual practitioner or
group of practitioners, desiring to participate in the
Medical Assistance program established under this Article to
disclose all financial, beneficial, ownership, equity, surety
or other interests in any and all firms, corporations,
partnerships, associations, business enterprises, joint
ventures, agencies, institutions or other legal entities
providing any form of health care services in this State
under this Article.
The Illinois Department may require that all dispensers
of medical services desiring to participate in the medical
assistance program established under this Article disclose,
under such terms and conditions as the Illinois Department
may by rule establish, all inquiries from clients and
attorneys regarding medical bills paid by the Illinois
Department, which inquiries could indicate potential
existence of claims or liens for the Illinois Department.
The Illinois Department shall establish policies,
procedures, standards and criteria by rule for the
acquisition, repair and replacement of orthotic and
prosthetic devices and durable medical equipment. Such rules
shall provide, but not be limited to, the following services:
(1) immediate repair or replacement of such devices by
recipients without medical authorization; and (2) rental,
lease, purchase or lease-purchase of durable medical
equipment in a cost-effective manner, taking into
consideration the recipient's medical prognosis, the extent
of the recipient's needs, and the requirements and costs for
maintaining such equipment. Such rules shall enable a
recipient to temporarily acquire and use alternative or
substitute devices or equipment pending repairs or
replacements of any device or equipment previously authorized
for such recipient by the Department. Rules under clause (2)
above shall not provide for purchase or lease-purchase of
durable medical equipment or supplies used for the purpose of
oxygen delivery and respiratory care.
The Department shall execute, relative to the nursing
home prescreening project, written inter-agency agreements
with the Department of Human Services and the Department on
Aging, to effect the following: (i) intake procedures and
common eligibility criteria for those persons who are
receiving non-institutional services; and (ii) the
establishment and development of non-institutional services
in areas of the State where they are not currently available
or are undeveloped.
The Illinois Department shall develop and operate, in
cooperation with other State Departments and agencies and in
compliance with applicable federal laws and regulations,
appropriate and effective systems of health care evaluation
and programs for monitoring of utilization of health care
services and facilities, as it affects persons eligible for
medical assistance under this Code. The Illinois Department
shall report regularly the results of the operation of such
systems and programs to the Citizens Assembly/Council on
Public Aid to enable the Committee to ensure, from time to
time, that these programs are effective and meaningful.
The Illinois Department shall report annually to the
General Assembly, no later than the second Friday in April of
1979 and each year thereafter, in regard to:
(a) actual statistics and trends in utilization of
medical services by public aid recipients;
(b) actual statistics and trends in the provision
of the various medical services by medical vendors;
(c) current rate structures and proposed changes in
those rate structures for the various medical vendors;
and
(d) efforts at utilization review and control by
the Illinois Department.
The period covered by each report shall be the 3 years
ending on the June 30 prior to the report. The report shall
include suggested legislation for consideration by the
General Assembly. The filing of one copy of the report with
the Speaker, one copy with the Minority Leader and one copy
with the Clerk of the House of Representatives, one copy with
the President, one copy with the Minority Leader and one copy
with the Secretary of the Senate, one copy with the
Legislative Research Unit, such additional copies with the
State Government Report Distribution Center for the General
Assembly as is required under paragraph (t) of Section 7 of
the State Library Act and one copy with the Citizens
Assembly/Council on Public Aid or its successor shall be
deemed sufficient to comply with this Section.
(Source: P.A. 91-344, eff. 1-1-00; 91-462, eff. 8-6-99;
91-666, eff. 12-22-99; 92-16, eff. 6-28-01; revised
12-13-01.)
(305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
Sec. 5-5.4. Standards of Payment - Department of Public
Aid. The Department of Public Aid shall develop standards of
payment of skilled nursing and intermediate care services in
facilities providing such services under this Article which:
(1) Provide Provides for the determination of a
facility's payment for skilled nursing and intermediate care
services on a prospective basis. The amount of the payment
rate for all nursing facilities certified under the medical
assistance program shall be prospectively established
annually on the basis of historical, financial, and
statistical data reflecting actual costs from prior years,
which shall be applied to the current rate year and updated
for inflation, except that the capital cost element for newly
constructed facilities shall be based upon projected budgets.
The annually established payment rate shall take effect on
July 1 in 1984 and subsequent years. Rate increases shall be
provided annually thereafter on July 1 in 1984 and on each
subsequent July 1 in the following years, except that no rate
increase and no update for inflation shall be provided on or
after July 1, 1994 and before July 1, 2002, unless
specifically provided for in this Section.
For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on July
1, 1998 shall include an increase of 3%. For facilities
licensed by the Department of Public Health under the Nursing
Home Care Act as Skilled Nursing facilities or Intermediate
Care facilities, the rates taking effect on July 1, 1998
shall include an increase of 3% plus $1.10 per resident-day,
as defined by the Department.
For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on July
1, 1999 shall include an increase of 1.6% plus $3.00 per
resident-day, as defined by the Department. For facilities
licensed by the Department of Public Health under the Nursing
Home Care Act as Skilled Nursing facilities or Intermediate
Care facilities, the rates taking effect on July 1, 1999
shall include an increase of 1.6% and, for services provided
on or after October 1, 1999, shall be increased by $4.00 per
resident-day, as defined by the Department.
For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on July
1, 2000 shall include an increase of 2.5% per resident-day,
as defined by the Department. For facilities licensed by the
Department of Public Health under the Nursing Home Care Act
as Skilled Nursing facilities or Intermediate Care
facilities, the rates taking effect on July 1, 2000 shall
include an increase of 2.5% per resident-day, as defined by
the Department.
For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on March
1, 2001 shall include a statewide increase of 7.85%, as
defined by the Department.
For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on April
1, 2002 shall include a statewide increase of 2.0%, as
defined by the Department.
For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as skilled nursing
facilities or intermediate care facilities, the rates taking
effect on July 1, 2001, and each subsequent year thereafter,
shall be computed using the most recent cost reports on file
with the Department of Public Aid no later than April 1, 2000
updated for inflation to January 1, 2001. For rates
effective July 1, 2001 only, rates shall be the greater of
the rate computed for July 1, 2001 or the rate effective on
June 30, 2001.
Rates established effective each July 1 shall govern
payment for services rendered throughout that fiscal year,
except that rates established on July 1, 1996 shall be
increased by 6.8% for services provided on or after January
1, 1997. Such rates will be based upon the rates calculated
for the year beginning July 1, 1990, and for subsequent years
thereafter until June 30, 2001 shall be based on the facility
cost reports for the facility fiscal year ending at any point
in time during the previous calendar year, updated to the
midpoint of the rate year. The cost report shall be on file
with the Department no later than April 1 of the current rate
year. Should the cost report not be on file by April 1, the
Department shall base the rate on the latest cost report
filed by each skilled care facility and intermediate care
facility, updated to the midpoint of the current rate year.
In determining rates for services rendered on and after July
1, 1985, fixed time shall not be computed at less than zero.
The Department shall not make any alterations of regulations
which would reduce any component of the Medicaid rate to a
level below what that component would have been utilizing in
the rate effective on July 1, 1984.
(2) Shall take into account the actual costs incurred by
facilities in providing services for recipients of skilled
nursing and intermediate care services under the medical
assistance program.
(3) Shall take into account the medical and
psycho-social characteristics and needs of the patients.
(4) Shall take into account the actual costs incurred by
facilities in meeting licensing and certification standards
imposed and prescribed by the State of Illinois, any of its
political subdivisions or municipalities and by the U.S.
Department of Health and Human Services pursuant to Title XIX
of the Social Security Act.
The Department of Public Aid shall develop precise
standards for payments to reimburse nursing facilities for
any utilization of appropriate rehabilitative personnel for
the provision of rehabilitative services which is authorized
by federal regulations, including reimbursement for services
provided by qualified therapists or qualified assistants, and
which is in accordance with accepted professional practices.
Reimbursement also may be made for utilization of other
supportive personnel under appropriate supervision.
(Source: P.A. 91-24, eff. 7-1-99; 91-712, eff. 7-1-00; 92-10,
eff. 6-11-01; 92-31, eff. 6-28-01; revised 12-13-01.)
(305 ILCS 5/5-10) (from Ch. 23, par. 5-10)
Sec. 5-10. Entitlement to Social Services. Persons
receiving medical assistance shall be entitled to receive,
under Article IX and the "Illinois Act on the Aging",
approved August 29, 1973, as amended, such rehabilitative,
training or other social services as are appropriate to their
condition.
(Source: P.A. 83-333; revised 12-07-01.)
(305 ILCS 5/5-12) (from Ch. 23, par. 5-12)
Sec. 5-12. Funeral and burial. Upon the death of a
recipient who qualified under class 2, 3 or 4 of Section 5-2,
if his estate is insufficient to pay his funeral and burial
expenses and if no other resources, including assistance from
legally responsible relatives, are available for such
purposes, there shall be paid, in accordance with the
standards, rules and regulations of the Illinois Department
of Human Services, such reasonable amounts as may be
necessary to meet the costs of the funeral, burial space, and
cemetery charges, or to reimburse any person not financially
responsible for the deceased who has have voluntarily made
expenditures for such costs.
(Source: P.A. 89-507, eff. 7-1-97; 90-372, eff. 7-1-98;
revised 12-04-01.)
(305 ILCS 5/8A-7.1) (from Ch. 23, par. 8A-7.1)
Sec. 8A-7.1. The Director, upon making a determination
based upon information in the possession of the Illinois
Department, that continuation in practice of a licensed
health care professional would constitute an immediate danger
to the public, shall submit a written communication to the
Director of Professional Regulation indicating such
determination and additionally providing a complete summary
of the information upon which such determination is based,
and recommending that the Director of Professional Regulation
immediately suspend such person's license. All relevant
evidence, or copies thereof, in the Illinois Department's
possession may also be submitted in conjunction with the
written communication. A copy of such written communication,
which is exempt from the copying and inspection provisions of
the Freedom of Information Act, shall at the time of
submittal to the Director of Professional Regulation be
simultaneously mailed to the last known business address of
such licensed health care professional by certified or
registered postage, United States Mail, return receipt
requested. Any evidence, or copies thereof, which is
submitted in conjunction with the written communication is
also exempt from the copying and inspection provisions of the
Freedom of Information Act.
The Director, upon making a determination based upon
information in the possession of the Illinois Department,
that a licensed health care professional is willfully
committing fraud upon the Illinois Department's medical
assistance program, shall submit a written communication to
the Director of Professional Regulation indicating such
determination and additionally providing a complete summary
of the information upon which such determination is based.
All relevant evidence, or copies thereof, in the Illinois
Department's possession may also be submitted in conjunction
with the written communication.
Upon receipt of such written communication, the Director
of Professional Regulation shall promptly investigate the
allegations contained in such written communication. A copy
of such written communication, which is exempt from the
copying and inspection provisions of the Freedom of
Information Act, shall at the time of submission to the
Director of Professional Regulation, be simultaneously mailed
to the last known address of such licensed health care
professional by certified or registered postage, United
States Mail, return receipt requested. Any evidence, or
copies thereof, which is submitted in conjunction with the
written communication is also exempt from the copying and
inspection provisions of the Freedom of Information Act.
For the purposes of this Section, "licensed health care
professional" means any person licensed under the Illinois
Dental Practice Act, the Nursing and Advanced Practice
Nursing Act, the Medical Practice Act of 1987, the Pharmacy
Practice Act of 1987, the Podiatric Medical Practice Act of
1987, or and the Illinois Optometric Practice Act of 1987.
(Source: P.A. 90-742, eff. 8-13-98; revised 12-13-01.)
(305 ILCS 5/9-1) (from Ch. 23, par. 9-1)
Sec. 9-1. Declaration of Purpose. It is the purpose of
this Article to aid applicants for and recipients of public
aid under Articles III, IV, V, and VI, to increase their
capacities for self-support, self-care, and responsible
citizenship, and to assist them in maintaining and
strengthening family life. If authorized pursuant to Section
9-8, this Article may be extended to former and potential
recipients and to persons whose income does not exceed the
standard established to determine eligibility for aid as a
medically indigent person under Article V. The Department,
with the written consent of the Governor, may also:
(a) extend this Article to individuals and their
families with income closely related to national indices of
poverty who have special needs resulting from
institutionalization of a family member or conditions that
may lead to institutionalization or who live in impoverished
areas or in facilities developed to serve persons of low
income;
(b) establish, where indicated, schedules of payment for
service provided based on ability to pay;
(c) provide for the coordinated delivery of the services
described in this Article and related services offered by
other public or private agencies or institutions, and
cooperate with the Illinois Department on Aging to enable it
to properly execute and fulfill its duties pursuant to the
provisions of Section 4.01 of the "Illinois Act on the
Aging", as now or hereafter amended;
(d) provide in-home care services, such as chore and
housekeeping services or homemaker services, to recipients of
public aid under Articles IV and VI, the scope and
eligibility criteria for such services to be determined by
rule;
(e) contract with other State agencies for the purchase
of social service under Title XX of the Social Security Act,
such services to be provided pursuant to such other agencies'
enabling legislation; and
(f) cooperate with the Illinois Department of Public Aid
to provide services to public aid recipients for the
treatment and prevention of alcoholism and substance abuse.
(Source: P.A. 92-16, eff. 6-28-01; 92-111, eff. 1-1-02;
revised 10-15-01.)
(305 ILCS 5/10-3) (from Ch. 23, par. 10-3)
Sec. 10-3. Standard and Regulations for Determining
Ability to Support.) The Illinois Department shall establish
a standard by which shall be measured the ability of
responsible relatives to provide support, and shall implement
the standard by rules governing its application. The
standard and the rules shall take into account the buying and
consumption patterns of self-supporting persons of modest
income, present or future contingencies having direct bearing
on maintenance of the relative's self-support status and
fulfillment of his obligations to his immediate family, and
any unusual or exceptional circumstances including
estrangement or other personal or social factors, that have a
bearing on family relationships and the relative's ability to
meet his support obligations. The standard shall be
recomputed periodically to reflect changes in the cost of
living and other pertinent factors.
In addition to the standard, the Illinois Department may
establish guidelines to be used exclusively to measure the
ability of responsible relatives to provide support on behalf
of applicants for or recipients of financial aid under
Article IV of this Act and other persons who are given access
to the child and spouse support services of this Article as
provided in Section 10-1. In such case, the Illinois
Department shall base the guidelines upon the applicable
provisions of Sections 504, 505 and 505.2 of the Illinois
Marriage and Dissolution of Marriage Act, as amended, and
shall implement such guidelines by rules governing their
application.
The term "administrative administration enforcement
unit", when used in this Article, means local governmental
units or the Child and Spouse Support Unit established under
Section 10-3.1 when exercising the powers designated in this
Article. The administrative enforcement unit shall apply the
standard or guidelines, rules and procedures provided for by
this Section and Sections 10-4 through 10-8 in determining
the ability of responsible relatives to provide support for
applicants for or recipients of financial aid under this
Code, except that the administrative enforcement unit may
apply such standard or guidelines, rules and procedures at
its discretion with respect to those applicants for or
recipients of financial aid under Article IV and other
persons who are given access to the child and spouse support
services of this Article as provided by Section 10-1.
(Source: P.A. 86-649; revised 12-13-01.)
(305 ILCS 5/10-10.5)
Sec. 10-10.5. Information to State Case Registry.
(a) In this Section:
"Order for support", "obligor", "obligee", and "business
day" are defined as set forth in the Income Withholding for
Support Act.
"State Case Registry" means the State Case Registry
established under Section 10-27 of this Code.
(b) Each order for support entered or modified by the
circuit court under Section 10-10 shall require that the
obligor and obligee (i) file with the clerk of the circuit
court the information required by this Section (and any other
information required under Title IV, Part D of the Social
Security Act or by the federal Department of Health and Human
Services) at the time of entry or modification of the order
for support and (ii) file updated information with the clerk
within 5 business days of any change. Failure of the obligor
or obligee to file or update the required information shall
be punishable as in cases of contempt. The failure shall not
prevent the court from entering or modifying the order for
support, however.
(c) The obligor shall file the following information:
the obligor's name, date of birth, social security number,
and mailing address.
If either the obligor or the obligee receives child
support enforcement services from the Illinois Department
under Article X of this Code, the obligor shall also file the
following information: the obligor's telephone number,
driver's license number, and residential address (if
different from the obligor's mailing address), and the name,
address, and telephone number of the obligor's employer or
employers.
(d) The obligee shall file the following information:
(1) The names of the obligee and the child or
children covered by the order for support.
(2) The dates of birth of the obligee and the child
or children covered by the order for support.
(3) The social security numbers of the obligee and
the child or children covered by the order for support.
(4) The obligee's mailing address.
(e) In cases in which the obligee receives child support
enforcement services from the Illinois Department under
Article X of this Code, the order for support shall (i)
require that the obligee file the information required under
subsection (d) with the Illinois Department for inclusion in
the State Case Registry, rather than file the information
with the clerk, and (ii) require that the obligee include the
following additional information:
(1) The obligee's telephone and driver's license
numbers.
(2) The obligee's residential address, if different
from the obligee's mailing address.
(3) The name, address, and telephone number of the
obligee's employer or employers.
The order for support shall also require that the obligee
update the information filed with the Illinois Department
within 5 business days of any change.
(f) The clerk shall provide the information filed under
this Section, together with the court docket number and
county in which the order for support was entered, to the
State Case Registry within 5 business days after receipt of
the information.
(g) In a case in which a party is receiving child
support enforcement services under Article X of this Code,
the clerk shall provide the following additional information
to the State Case Registry within 5 business days after entry
or modification of an order for support or request from the
Illinois Department:
(1) The amount of monthly or other periodic support
owed under the order for support and other amounts,
including arrearage, interest, or late payment penalties
and fees, due or overdue under the order.
(2) Any such amounts that have been received by the
clerk, and the distribution of those amounts by the
clerk.
(h) Information filed by the obligor and obligee under
this Section that is not specifically required to be included
in the body of an order for support under other laws is not a
public record and shall be treated as confidential and
subject to disclosure only in accordance with the provisions
of this Section, Section 10-27 of this Code, and Title IV,
Part D of the Social Security Act. be
(Source: P.A. 91-212, eff. 7-20-99; 92-16, eff. 6-28-01;
92-463, eff. 8-22-01; revised 10-12-01.)
(305 ILCS 5/11-22b) (from Ch. 23, par. 11-22b)
Sec. 11-22b. Recoveries.
(a) As used in this Section:
(1) "Carrier" means any insurer, including any private
company, corporation, mutual association, trust fund,
reciprocal or interinsurance exchange authorized under the
laws of this State to insure persons against liability or
injuries caused to another and any insurer providing benefits
under a policy of bodily injury liability insurance covering
liability arising out of the ownership, maintenance or use of
a motor vehicle which provides uninsured motorist endorsement
or coverage.
(2) "Beneficiary" means any person or their dependents
who has received benefits or will be provided benefits under
this Code because of an injury for which another person may
be liable. It includes such beneficiary's guardian,
conservator or other personal representative, his estate or
survivors.
(b) (1) When benefits are provided or will be provided
to a beneficiary under this Code because of an injury for
which another person is liable, or for which a carrier is
liable in accordance with the provisions of any policy of
insurance issued pursuant to the Illinois Insurance Code, the
Illinois Department shall have a right to recover from such
person or carrier the reasonable value of benefits so
provided. The Attorney General may, to enforce such right,
institute and prosecute legal proceedings against the third
person or carrier who may be liable for the injury in an
appropriate court, either in the name of the Illinois
Department or in the name of the injured person, his
guardian, personal representative, estate, or survivors.
(2) The Department may:
(A) compromise or settle and release any such claim
for benefits provided under this Code, or
(B) waive any such claims for benefits provided
under this Code, in whole or in part, for the convenience
of the Department or if the Department determines that
collection would result in undue hardship upon the person
who suffered the injury or, in a wrongful death action,
upon the heirs of the deceased.
(3) No action taken on behalf of the Department pursuant
to this Section or any judgment rendered in such action shall
be a bar to any action upon the claim or cause of action of
the beneficiary, his guardian, conservator, personal
representative, estate, dependents or survivors against the
third person who may be liable for the injury, or shall
operate to deny to the beneficiary the recovery for that
portion of any damages not covered hereunder.
(c) (1) When an action is brought by the Department
pursuant to subsection (b), it shall be commenced within the
period prescribed by Article XIII of the Code of Civil
Procedure.
However, the Department may not commence the action prior
to 5 months before the end of the applicable period
prescribed by Article XIII of the Code of Civil Procedure.
Thirty days prior to commencing an action, the Department
shall notify the beneficiary of the Department's intent to
commence such an action.
(2) The death of the beneficiary does not abate any
right of action established by subsection (b).
(3) When an action or claim is brought by persons
entitled to bring such actions or assert such claims against
a third person who may be liable for causing the death of a
beneficiary, any settlement, judgment or award obtained is
subject to the Department's claim for reimbursement of the
benefits provided to the beneficiary under this Code.
(4) When the action or claim is brought by the
beneficiary alone and the beneficiary incurs a personal
liability to pay attorney's fees and costs of litigation, the
Department's claim for reimbursement of the benefits provided
to the beneficiary shall be the full amount of benefits paid
on behalf of the beneficiary under this Code less a pro rata
share which represents the Department's reasonable share of
attorney's fees paid by the beneficiary and that portion of
the cost of litigation expenses determined by multiplying by
the ratio of the full amount of the expenditures of the full
amount of the judgment, award or settlement.
(d) (1) If either the beneficiary or the Department
brings an action or claim against such third party or
carrier, the beneficiary or the Department shall within 30
days of filing the action give to the other written notice by
personal service or registered mail of the action or claim
and of the name of the court in which the action or claim is
brought. Proof of such notice shall be filed in such action
or claim. If an action or claim is brought by either the
Department or the beneficiary, the other may, at any time
before trial on the facts, become a party to such action or
claim or shall consolidate his action or claim with the other
if brought independently.
(2) If an action or claim is brought by the Department
pursuant to subsection (b)(1), written notice to the
beneficiary, guardian, personal representative, estate or
survivor given pursuant to this Section shall advise him of
his right to intervene in the proceeding, his right to obtain
a private attorney of his choice and the Department's right
to recover the reasonable value of the benefits provided.
(e) In the event of judgment or award in a suit or claim
against such third person or carrier:
(1) If the action or claim is prosecuted by the
beneficiary alone, the court shall first order paid from any
judgment or award the reasonable litigation expenses incurred
in preparation and prosecution of such action or claim,
together with reasonable attorney's fees, when an attorney
has been retained. After payment of such expenses and
attorney's fees the court shall, on the application of the
Department, allow as a first lien against the amount of such
judgment or award the amount of the Department's expenditures
for the benefit of the beneficiary under this Code, as
provided in subsection (c)(4).
(2) If the action or claim is prosecuted both by the
beneficiary and the Department, the court shall first order
paid from any judgment or award the reasonable litigation
expenses incurred in preparation and prosecution of such
action or claim, together with reasonable attorney's fees for
plaintiffs attorneys based solely on the services rendered
for the benefit of the beneficiary. After payment of such
expenses and attorney's fees, the court shall apply out of
the balance of such judgment or award an amount sufficient to
reimburse the Department the full amount of benefits paid on
behalf of the beneficiary under this Code.
(f) The court shall, upon further application at any
time before the judgment or award is satisfied, allow as a
further lien the amount of any expenditures of the Department
in payment of additional benefits arising out of the same
cause of action or claim provided on behalf of the
beneficiary under this Code, when such benefits were provided
or became payable subsequent to the original order.
(g) No judgment, award, or settlement in any action or
claim by a beneficiary to recover damages for injuries, when
the Department has an interest, shall be satisfied without
first giving the Department notice and a reasonable
opportunity to perfect and satisfy its his lien.
(h) When the Department has perfected a lien upon a
judgment or award in favor of a beneficiary against any third
party for an injury for which the beneficiary has received
benefits under this Code, the Department shall be entitled to
a writ of execution as lien claimant to enforce payment of
said lien against such third party with interest and other
accruing costs as in the case of other executions. In the
event the amount of such judgment or award so recovered has
been paid to the beneficiary, the Department shall be
entitled to a writ of execution against such beneficiary to
the extent of the Department's lien, with interest and other
accruing costs as in the case of other executions.
(i) Except as otherwise provided in this Section,
notwithstanding any other provision of law, the entire amount
of any settlement of the injured beneficiary's action or
claim, with or without suit, is subject to the Department's
claim for reimbursement of the benefits provided and any lien
filed pursuant thereto to the same extent and subject to the
same limitations as in Section 11-22 of this Code.
(Source: P.A. 84-1402; revised 12-04-01.)
(305 ILCS 5/12-4.25) (from Ch. 23, par. 12-4.25)
Sec. 12-4.25. Medical assistance program; vendor
participation.
(A) The Illinois Department may deny, suspend or
terminate the eligibility of any person, firm, corporation,
association, agency, institution or other legal entity to
participate as a vendor of goods or services to recipients
under the medical assistance program under Article V, if
after reasonable notice and opportunity for a hearing the
Illinois Department finds:
(a) Such vendor is not complying with the
Department's policy or rules and regulations, or with the
terms and conditions prescribed by the Illinois
Department in its vendor agreement, which document shall
be developed by the Department as a result of
negotiations with each vendor category, including
physicians, hospitals, long term care facilities,
pharmacists, optometrists, podiatrists and dentists
setting forth the terms and conditions applicable to the
participation of each vendor group in the program; or
(b) Such vendor has failed to keep or make
available for inspection, audit or copying, after
receiving a written request from the Illinois Department,
such records regarding payments claimed for providing
services. This section does not require vendors to make
available patient records of patients for whom services
are not reimbursed under this Code; or
(c) Such vendor has failed to furnish any
information requested by the Department regarding
payments for providing goods or services; or
(d) Such vendor has knowingly made, or caused to be
made, any false statement or representation of a material
fact in connection with the administration of the medical
assistance program; or
(e) Such vendor has furnished goods or services to
a recipient which are (1) in excess of his or her needs,
(2) harmful to the recipient, or (3) of grossly inferior
quality, all of such determinations to be based upon
competent medical judgment and evaluations; or
(f) The vendor; a person with management
responsibility for a vendor; an officer or person owning,
either directly or indirectly, 5% or more of the shares
of stock or other evidences of ownership in a corporate
vendor; an owner of a sole proprietorship which is a
vendor; or a partner in a partnership which is a vendor,
either:
(1) was previously terminated from
participation in the Illinois medical assistance
program, or was terminated from participation in a
medical assistance program in another state that is
of the same kind as the program of medical
assistance provided under Article V of this Code; or
(2) was a person with management
responsibility for a vendor previously terminated
from participation in the Illinois medical
assistance program, or terminated from participation
in a medical assistance program in another state
that is of the same kind as the program of medical
assistance provided under Article V of this Code,
during the time of conduct which was the basis for
that vendor's termination; or
(3) was an officer, or person owning, either
directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a corporate
vendor previously terminated from participation in
the Illinois medical assistance program, or
terminated from participation in a medical
assistance program in another state that is of the
same kind as the program of medical assistance
provided under Article V of this Code, during the
time of conduct which was the basis for that
vendor's termination; or
(4) was an owner of a sole proprietorship or
partner of a partnership previously terminated from
participation in the Illinois medical assistance
program, or terminated from participation in a
medical assistance program in another state that is
of the same kind as the program of medical
assistance provided under Article V of this Code,
during the time of conduct which was the basis for
that vendor's termination; or
(g) The vendor; a person with management
responsibility for a vendor; an officer or person owning,
either directly or indirectly, 5% or more of the shares
of stock or other evidences of ownership in a corporate
vendor; an owner of a sole proprietorship which is a
vendor; or a partner in a partnership which is a vendor,
either:
(1) has engaged in practices prohibited by
applicable federal or State law or regulation
relating to the medical assistance program; or
(2) was a person with management
responsibility for a vendor at the time that such
vendor engaged in practices prohibited by applicable
federal or State law or regulation relating to the
medical assistance program; or
(3) was an officer, or person owning, either
directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a vendor at
the time such vendor engaged in practices prohibited
by applicable federal or State law or regulation
relating to the medical assistance program; or
(4) was an owner of a sole proprietorship or
partner of a partnership which was a vendor at the
time such vendor engaged in practices prohibited by
applicable federal or State law or regulation
relating to the medical assistance program; or.
(h) The direct or indirect ownership of the vendor
(including the ownership of a vendor that is a sole
proprietorship, a partner's interest in a vendor that is
a partnership, or ownership of 5% or more of the shares
of stock or other evidences of ownership in a corporate
vendor) has been transferred by an individual who is
terminated or barred from participating as a vendor to
the individual's spouse, child, brother, sister, parent,
grandparent, grandchild, uncle, aunt, niece, nephew,
cousin, or relative by marriage.
(A-5) The Illinois Department may deny, suspend, or
terminate the eligibility of any person, firm, corporation,
association, agency, institution, or other legal entity to
participate as a vendor of goods or services to recipients
under the medical assistance program under Article V if,
after reasonable notice and opportunity for a hearing, the
Illinois Department finds that the vendor; a person with
management responsibility for a vendor; an officer or person
owning, either directly or indirectly, 5% or more of the
shares of stock or other evidences of ownership in a
corporate vendor; an owner of a sole proprietorship that is a
vendor; or a partner in a partnership that is a vendor has
been convicted of a felony offense based on fraud or willful
misrepresentation related to any of the following:
(1) The medical assistance program under Article V
of this Code.
(2) A medical assistance program in another state
that is of the same kind as the program of medical
assistance provided under Article V of this Code.
(3) The Medicare program under Title XVIII of the
Social Security Act.
(4) The provision of health care services.
(B) The Illinois Department shall deny, suspend or
terminate the eligibility of any person, firm, corporation,
association, agency, institution or other legal entity to
participate as a vendor of goods or services to recipients
under the medical assistance program under Article V:
(1) if such vendor is not properly licensed;
(2) within 30 days of the date when such vendor's
professional license, certification or other
authorization has been refused renewal or has been
revoked, suspended or otherwise terminated; or
(3) if such vendor has been convicted of a
violation of this Code, as provided in Article VIIIA.
(C) Upon termination of a vendor of goods or services
from participation in the medical assistance program
authorized by this Article, a person with management
responsibility for such vendor during the time of any conduct
which served as the basis for that vendor's termination is
barred from participation in the medical assistance program.
Upon termination of a corporate vendor, the officers and
persons owning, directly or indirectly, 5% or more of the
shares of stock or other evidences of ownership in the vendor
during the time of any conduct which served as the basis for
that vendor's termination are barred from participation in
the medical assistance program. A person who owns, directly
or indirectly, 5% or more of the shares of stock or other
evidences of ownership in a terminated corporate vendor may
not transfer his or her ownership interest in that vendor to
his or her spouse, child, brother, sister, parent,
grandparent, grandchild, uncle, aunt, niece, nephew, cousin,
or relative by marriage.
Upon termination of a sole proprietorship or partnership,
the owner or partners during the time of any conduct which
served as the basis for that vendor's termination are barred
from participation in the medical assistance program. The
owner of a terminated vendor that is a sole proprietorship,
and a partner in a terminated vendor that is a partnership,
may not transfer his or her ownership or partnership interest
in that vendor to his or her spouse, child, brother, sister,
parent, grandparent, grandchild, uncle, aunt, niece, nephew,
cousin, or relative by marriage.
Rules adopted by the Illinois Department to implement
these provisions shall specifically include a definition of
the term "management responsibility" as used in this Section.
Such definition shall include, but not be limited to, typical
job titles, and duties and descriptions which will be
considered as within the definition of individuals with
management responsibility for a provider.
(D) If a vendor has been suspended from the medical
assistance program under Article V of the Code, the Director
may require that such vendor correct any deficiencies which
served as the basis for the suspension. The Director shall
specify in the suspension order a specific period of time,
which shall not exceed one year from the date of the order,
during which a suspended vendor shall not be eligible to
participate. At the conclusion of the period of suspension
the Director shall reinstate such vendor, unless he finds
that such vendor has not corrected deficiencies upon which
the suspension was based.
If a vendor has been terminated from the medical
assistance program under Article V, such vendor shall be
barred from participation for at least one year. At the end
of one year a vendor who has been terminated may apply for
reinstatement to the program. Upon proper application to be
reinstated such vendor may be deemed eligible by the Director
providing that such vendor meets the requirements for
eligibility under this Code. If such vendor is deemed not
eligible for reinstatement, he shall be barred from again
applying for reinstatement for one year from the date his
application for reinstatement is denied.
A vendor whose termination from participation in the
Illinois medical assistance program under Article V was based
solely on an action by a governmental entity other than the
Illinois Department may, upon reinstatement by that
governmental entity or upon reversal of the termination,
apply for rescission of the termination from participation in
the Illinois medical assistance program. Upon proper
application for rescission, the vendor may be deemed eligible
by the Director if the vendor meets the requirements for
eligibility under this Code.
If a vendor has been terminated and reinstated to the
medical assistance program under Article V and the vendor is
terminated a second or subsequent time from the medical
assistance program, the vendor shall be barred from
participation for at least 2 years. At the end of 2 years, a
vendor who has been terminated may apply for reinstatement to
the program. Upon application to be reinstated, the vendor
may be deemed eligible if the vendor meets the requirements
for eligibility under this Code. If the vendor is deemed not
eligible for reinstatement, the vendor shall be barred from
again applying for reinstatement for 2 years from the date
the vendor's application for reinstatement is denied.
(E) The Illinois Department may recover money improperly
or erroneously paid, or overpayments, either by setoff,
crediting against future billings or by requiring direct
repayment to the Illinois Department.
(F) The Illinois Department may withhold payments to any
vendor during the pendency of any proceeding under this
Section except that if a final administrative decision has
not been issued within 120 days of the initiation of such
proceedings, unless delay has been caused by the vendor,
payments can no longer be withheld, provided, however, that
the 120 day limit may be extended if said extension is
mutually agreed to by the Illinois Department and the vendor.
The Illinois Department shall state by rule with as much
specificity as practicable the conditions under which
payments will not be withheld during the pendency of any
proceeding under this Section. Payments may be denied for
bills submitted with service dates occurring during the
pendency of a proceeding where the final administrative
decision is to terminate eligibility to participate in the
medical assistance program. The Illinois Department shall
state by rule with as much specificity as practicable the
conditions under which payments will not be denied for such
bills.
(F-5) The Illinois Department may temporarily withhold
payments to a vendor if any of the following individuals have
been indicted or otherwise charged under a law of the United
States or this or any other state with a felony offense that
is based on alleged fraud or willful misrepresentation on the
part of the individual related to (i) the medical assistance
program under Article V of this Code, (ii) a medical
assistance program provided in another state which is of the
kind provided under Article V of this Code, (iii) the
Medicare program under Title XVIII of the Social Security
Act, or (iv) the provision of health care services:
(1) If the vendor is a corporation: an officer of
the corporation or an individual who owns, either
directly or indirectly, 5% or more of the shares of stock
or other evidence of ownership of the corporation.
(2) If the vendor is a sole proprietorship: the
owner of the sole proprietorship.
(3) If the vendor is a partnership: a partner in
the partnership.
(4) If the vendor is any other business entity
authorized by law to transact business in this State: an
officer of the entity or an individual who owns, either
directly or indirectly, 5% or more of the evidences of
ownership of the entity.
If the Illinois Department withholds payments to a vendor
under this subsection, the Department shall not release those
payments to the vendor while any criminal proceeding related
to the indictment or charge is pending unless the Department
determines that there is good cause to release the payments
before completion of the proceeding. If the indictment or
charge results in the individual's conviction, the Illinois
Department shall retain all withheld payments, which shall be
considered forfeited to the Department. If the indictment or
charge does not result in the individual's conviction, the
Illinois Department shall release to the vendor all withheld
payments.
(G) The provisions of the Administrative Review Law, as
now or hereafter amended, and the rules adopted pursuant
thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the
Illinois Department under this Section. The term
"administrative decision" is defined as in Section 3-101 of
the Code of Civil Procedure.
(H) Nothing contained in this Code shall in any way
limit or otherwise impair the authority or power of any State
agency responsible for licensing of vendors.
(I) Based on a finding of noncompliance on the part of a
nursing home with any requirement for certification under
Title XVIII or XIX of the Social Security Act (42 U.S.C. Sec.
1395 et seq. or 42 U.S.C. Sec. 1396 et seq.), the Illinois
Department may impose one or more of the following remedies
after notice to the facility:
(1) Termination of the provider agreement.
(2) Temporary management.
(3) Denial of payment for new admissions.
(4) Civil money penalties.
(5) Closure of the facility in emergency situations
or transfer of residents, or both.
(6) State monitoring.
(7) Denial of all payments when the Health Care
Finance Administration has imposed this sanction.
The Illinois Department shall by rule establish criteria
governing continued payments to a nursing facility subsequent
to termination of the facility's provider agreement if, in
the sole discretion of the Illinois Department, circumstances
affecting the health, safety, and welfare of the facility's
residents require those continued payments. The Illinois
Department may condition those continued payments on the
appointment of temporary management, sale of the facility to
new owners or operators, or other arrangements that the
Illinois Department determines best serve the needs of the
facility's residents.
Except in the case of a facility that has a right to a
hearing on the finding of noncompliance before an agency of
the federal government, a facility may request a hearing
before a State agency on any finding of noncompliance within
60 days after the notice of the intent to impose a remedy.
Except in the case of civil money penalties, a request for a
hearing shall not delay imposition of the penalty. The
choice of remedies is not appealable at a hearing. The level
of noncompliance may be challenged only in the case of a
civil money penalty. The Illinois Department shall provide by
rule for the State agency that will conduct the evidentiary
hearings.
The Illinois Department may collect interest on unpaid
civil money penalties.
The Illinois Department may adopt all rules necessary to
implement this subsection (I).
(Source: P.A. 92-327, eff. 1-1-02; revised 9-18-01.)
(305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
Sec. 12-10.2. The Child Support Enforcement Trust Fund.
(a) The Child Support Enforcement Trust Fund, to be held
by the State Treasurer as ex-officio custodian outside the
State Treasury, pursuant to the Child Support Enforcement
Program established by Title IV-D of the Social Security Act,
shall consist of:
(1) all support payments assigned to the Illinois
Department under Article X of this Code and rules
promulgated by the Illinois Department that are disbursed
to the Illinois Department by the State Disbursement Unit
established under Section 10-26,
(2) all support payments received by the Illinois
Department as a result of the Child Support Enforcement
Program established by Title IV-D of the Social Security
Act that are not required or directed to be paid to the
State Disbursement Unit established under Section 10-26,
(3) all federal grants received by the Illinois
Department funded by Title IV-D of the Social Security
Act, except those federal funds received under the Title
IV-D program as reimbursement for expenditures from the
General Revenue Fund,
(4) incentive payments received by the Illinois
Department from other states or political subdivisions of
other states for the enforcement and collection by the
Department of an assigned child support obligation in
behalf of such other states or their political
subdivisions pursuant to the provisions of Title IV-D of
the Social Security Act,
(5) incentive payments retained by the Illinois
Department from the amounts which otherwise would be paid
to the federal government to reimburse the federal
government's share of the support collection for the
Department's enforcement and collection of an assigned
support obligation on behalf of the State of Illinois
pursuant to the provisions of Title IV-D of the Social
Security Act,
(6) all fees charged by the Department for child
support enforcement services, as authorized under Title
IV-D of the Social Security Act and Section 10-1 of this
Code, and any other fees, costs, fines, recoveries, or
penalties provided for by State or federal law and
received by the Department under the Child Support
Enforcement Program established by Title IV-D of the
Social Security Act, and
(7) all amounts appropriated by the General
Assembly for deposit into the Fund, and
(8) any gifts, grants, donations, or awards from
individuals, private businesses, nonprofit associations,
and governmental entities.
(b) Disbursements from this Fund shall be only for the
following purposes:
(1) for the reimbursement of funds received by the
Illinois Department through error or mistake,
(2) for payments to non-recipients, current
recipients, and former recipients of financial aid of
support payments received on their behalf under Article X
of this Code that are not required to be disbursed by the
State Disbursement Unit established under Section 10.26,
(3) for any other payments required by law to be
paid by the Illinois Department to non-recipients,
current recipients, and former recipients,
(4) for payment of any administrative expenses
incurred through fiscal year 2002, but not thereafter,
including payment to the Health Insurance Reserve Fund
for group insurance costs at the rate certified by the
Department of Central Management Services, except those
required to be paid from the General Revenue Fund,
including personal and contractual services, incurred in
performing the Title IV-D activities authorized by
Article X of this Code,
(5) for the reimbursement of the Public Assistance
Emergency Revolving Fund for expenditures made from that
Fund for payments to former recipients of public aid for
child support made to the Illinois Department when the
former public aid recipient is legally entitled to all or
part of the child support payments, pursuant to the
provisions of Title IV-D of the Social Security Act,
(6) for the payment of incentive amounts owed to
other states or political subdivisions of other states
that enforce and collect an assigned support obligation
on behalf of the State of Illinois pursuant to the
provisions of Title IV-D of the Social Security Act,
(7) for the payment of incentive amounts owed to
political subdivisions of the State of Illinois that
enforce and collect an assigned support obligation on
behalf of the State pursuant to the provisions of Title
IV-D of the Social Security Act, and
(8) for payments of any amounts which are
reimbursable to the Federal government which are required
to be paid by State warrant by either the State or
Federal government.
Disbursements from this Fund shall be by warrants drawn
by the State Comptroller on receipt of vouchers duly executed
and certified by the Illinois Department or any other State
agency that receives an appropriation from the Fund.
(c) The Illinois Department's child support
administrative expenses, as defined in Section 12-10.2a, that
are incurred after fiscal year 2002 shall be paid only as
provided in that Section.
(Source: P.A. 91-212, eff. 7-20-99; 91-400, eff. 7-30-99;
91-712, eff. 7-1-00; 92-44, eff. 7-1-01; revised 7-24-01.)
(305 ILCS 5/12-10.5)
Sec. 12-10.5. Medical Special Purposes Trust Fund.
(a) The Medical Special Purposes Trust Fund ("the Fund")
is created. Any grant, gift, donation, or legacy of money or
securities that the Department of Public Aid is authorized to
receive under Section 12-4.18 or Section 12-4.19, and that is
dedicated for functions connected with the administration of
any medical program administered by the Department, shall be
deposited into the Fund. All federal moneys received by the
Department as reimbursement for disbursements authorized to
be made from the Fund shall also be deposited into the Fund.
(b) No moneys received from a service provider or a
governmental or private entity that is enrolled with the
Department as a provider of medical services shall be
deposited into the Fund.
(c) Disbursements may be made from the Fund for the
purposes connected with the grants, gifts, donations, or
legacies deposited into the Fund, including, but not limited
to, medical quality assessment projects, eligibility
population studies, medical information systems evaluations,
and other administrative functions that assist the Department
in fulfilling its health care mission under the Illinois
Public Aid Code and the Children's Health Insurance Program
Act.
(Source: P.A. 92-37, eff. 7-1-01.)
(305 ILCS 5/12-10.6)
Sec. 12-10.6. 12-10.5. Medicaid Buy-In Program Revolving
Fund.
(a) The Medicaid Buy-In Program Revolving Fund is
created as a special fund in the State treasury. The Fund
shall consist of cost-sharing payments made by individuals
pursuant to the Medicaid Buy-In Program established under
paragraph 11 of Section 5-2 of this Code. All earnings on
moneys in the Fund shall be credited to the Fund.
(b) Moneys in the Fund shall be appropriated to the
Department to pay the costs of administering the Medicaid
Buy-In Program, including payments for medical assistance
benefits provided to Program participants. The Department
shall adopt rules specifying the particular purposes for
which the moneys in the Fund may be spent.
(Source: P.A. 92-163, eff. 7-25-01; revised 9-18-01.)
Section 65. The Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act is
amended by changing Sections 4 and 6 as follows:
(320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
Sec. 4. Amount of Grant.
(a) In general. Any individual 65 years or older or any
individual who will become 65 years old during the calendar
year in which a claim is filed, and any surviving spouse of
such a claimant, who at the time of death received or was
entitled to receive a grant pursuant to this Section, which
surviving spouse will become 65 years of age within the 24
months immediately following the death of such claimant and
which surviving spouse but for his or her age is otherwise
qualified to receive a grant pursuant to this Section, and
any disabled person whose annual household income is less
than $14,000 for grant years before the 1998 grant year, less
than $16,000 for the 1998 and 1999 grant years, and less than
(i) $21,218 for a household containing one person, (ii)
$28,480 for a household containing 2 persons, or (iii)
$35,740 for a household containing 3 or more persons for the
2000 grant year and thereafter and whose household is liable
for payment of property taxes accrued or has paid rent
constituting property taxes accrued and is domiciled in this
State at the time he or she files his or her claim is
entitled to claim a grant under this Act. With respect to
claims filed by individuals who will become 65 years old
during the calendar year in which a claim is filed, the
amount of any grant to which that household is entitled shall
be an amount equal to 1/12 of the amount to which the
claimant would otherwise be entitled as provided in this
Section, multiplied by the number of months in which the
claimant was 65 in the calendar year in which the claim is
filed.
(b) Limitation. Except as otherwise provided in
subsections (a) and (f) of this Section, the maximum amount
of grant which a claimant is entitled to claim is the amount
by which the property taxes accrued which were paid or
payable during the last preceding tax year or rent
constituting property taxes accrued upon the claimant's
residence for the last preceding taxable year exceeds 3 1/2%
of the claimant's household income for that year but in no
event is the grant to exceed (i) $700 less 4.5% of household
income for that year for those with a household income of
$14,000 or less or (ii) $70 if household income for that year
is more than $14,000.
(c) Public aid recipients. If household income in one
or more months during a year includes cash assistance in
excess of $55 per month from the Department of Public Aid or
the Department of Human Services (acting as successor to the
Department of Public Aid under the Department of Human
Services Act) which was determined under regulations of that
Department on a measure of need that included an allowance
for actual rent or property taxes paid by the recipient of
that assistance, the amount of grant to which that household
is entitled, except as otherwise provided in subsection (a),
shall be the product of (1) the maximum amount computed as
specified in subsection (b) of this Section and (2) the ratio
of the number of months in which household income did not
include such cash assistance over $55 to the number twelve.
If household income did not include such cash assistance over
$55 for any months during the year, the amount of the grant
to which the household is entitled shall be the maximum
amount computed as specified in subsection (b) of this
Section. For purposes of this paragraph (c), "cash
assistance" does not include any amount received under the
federal Supplemental Security Income (SSI) program.
(d) Joint ownership. If title to the residence is held
jointly by the claimant with a person who is not a member of
his or her household, the amount of property taxes accrued
used in computing the amount of grant to which he or she is
entitled shall be the same percentage of property taxes
accrued as is the percentage of ownership held by the
claimant in the residence.
(e) More than one residence. If a claimant has occupied
more than one residence in the taxable year, he or she may
claim only one residence for any part of a month. In the
case of property taxes accrued, he or she shall prorate pro
rate 1/12 of the total property taxes accrued on his or her
residence to each month that he or she owned and occupied
that residence; and, in the case of rent constituting
property taxes accrued, shall prorate pro rate each month's
rent payments to the residence actually occupied during that
month.
(f) There is hereby established a program of
pharmaceutical assistance to the aged and disabled which
shall be administered by the Department in accordance with
this Act, to consist of payments to authorized pharmacies, on
behalf of beneficiaries of the program, for the reasonable
costs of covered prescription drugs. Each beneficiary who
pays $5 for an identification card shall pay no additional
prescription costs. Each beneficiary who pays $25 for an
identification card shall pay $3 per prescription. In
addition, after a beneficiary receives $2,000 in benefits
during a State fiscal year, that beneficiary shall also be
charged 20% of the cost of each prescription for which
payments are made by the program during the remainder of the
fiscal year. To become a beneficiary under this program a
person must be: (1) be (i) 65 years of age or older, or (ii)
the surviving spouse of such a claimant, who at the time of
death received or was entitled to receive benefits pursuant
to this subsection, which surviving spouse will become 65
years of age within the 24 months immediately following the
death of such claimant and which surviving spouse but for his
or her age is otherwise qualified to receive benefits
pursuant to this subsection, or (iii) disabled, and (2) be is
domiciled in this State at the time he or she files his or
her claim, and (3) have has a maximum household income of
less than $14,000 for grant years before the 1998 grant year,
less than $16,000 for the 1998 and 1999 grant years, and less
than (i) $21,218 for a household containing one person, (ii)
$28,480 for a household containing 2 persons, or (iii)
$35,740 for a household containing 3 more persons for the
2000 grant year and thereafter. In addition, each eligible
person must (1) obtain an identification card from the
Department, (2) at the time the card is obtained, sign a
statement assigning to the State of Illinois benefits which
may be otherwise claimed under any private insurance plans,
and (3) present the identification card to the dispensing
pharmacist.
Whenever a generic equivalent for a covered prescription
drug is available, the Department shall reimburse only for
the reasonable costs of the generic equivalent, less the
co-pay established in this Section, unless (i) the covered
prescription drug contains one or more ingredients defined as
a narrow therapeutic index drug at 21 CFR 320.33, (ii) the
prescriber indicates on the face of the prescription "brand
medically necessary", and (iii) the prescriber specifies that
a substitution is not permitted. When issuing an oral
prescription for covered prescription medication described in
item (i) of this paragraph, the prescriber shall stipulate
"brand medically necessary" and that a substitution is not
permitted. If the covered prescription drug and its
authorizing prescription do not meet the criteria listed
above, the beneficiary may purchase the non-generic
equivalent of the covered prescription drug by paying the
difference between the generic cost and the non-generic cost
plus the beneficiary co-pay.
Any person otherwise eligible for pharmaceutical
assistance under this Act whose covered drugs are covered by
any public program for assistance in purchasing any covered
prescription drugs shall be ineligible for assistance under
this Act to the extent such costs are covered by such other
plan.
The fee to be charged by the Department for the
identification card shall be equal to $5 per coverage year
for persons below the official poverty line as defined by the
United States Department of Health and Human Services and $25
per coverage year for all other persons.
In the event that 2 or more persons are eligible for any
benefit under this Act, and are members of the same
household, (1) each such person shall be entitled to
participate in the pharmaceutical assistance program,
provided that he or she meets all other requirements imposed
by this subsection and (2) each participating household
member contributes the fee required for that person by the
preceding paragraph for the purpose of obtaining an
identification card.
(Source: P.A. 91-357, eff. 7-29-99; 91-699, eff. 1-1-01;
92-131, eff. 7-23-01; 92-519, eff. 1-1-02; revised 1-7-02.)
(320 ILCS 25/6) (from Ch. 67 1/2, par. 406)
Sec. 6. Administration.
(a) In general. Upon receipt of a timely filed claim,
the Department shall determine whether the claimant is a
person entitled to a grant under this Act and the amount of
grant to which he is entitled under this Act. The Department
may require the claimant to furnish reasonable proof of the
statements of domicile, household income, rent paid, property
taxes accrued and other matters on which entitlement is
based, and may withhold payment of a grant until such
additional proof is furnished.
(b) Rental determination. If the Department finds that
the gross rent used in the computation by a claimant of rent
constituting property taxes accrued exceeds the fair rental
value for the right to occupy that residence, the Department
may determine the fair rental value for that residence and
recompute rent constituting property taxes accrued
accordingly.
(c) Fraudulent claims. The Department shall deny claims
which have been fraudulently prepared or when it finds that
the claimant has acquired title to his residence or has paid
rent for his residence primarily for the purpose of receiving
a grant under this Act.
(d) Pharmaceutical Assistance. The Department shall
allow all pharmacies licensed under the Pharmacy Practice Act
of 1987 to participate as authorized pharmacies unless they
have been removed from that status for cause pursuant to the
terms of this Section. The Director of the Department may
enter into a written contract with any State agency,
instrumentality or political subdivision, or a fiscal
intermediary for the purpose of making payments to authorized
pharmacies for covered prescription drugs and coordinating
the program of pharmaceutical assistance established by this
Act with other programs that provide payment for covered
prescription drugs. Such agreement shall establish
procedures for properly contracting for pharmacy services,
validating reimbursement claims, validating compliance of
dispensing pharmacists with the contracts for participation
required under this Section, validating the reasonable costs
of covered prescription drugs, and otherwise providing for
the effective administration of this Act.
The Department shall promulgate rules and regulations to
implement and administer the program of pharmaceutical
assistance required by this Act, which shall include the
following:
(1) Execution of contracts with pharmacies to
dispense covered prescription drugs. Such contracts shall
stipulate terms and conditions for authorized pharmacies
participation and the rights of the State to terminate
such participation for breach of such contract or for
violation of this Act or related rules and regulations of
the Department;
(2) Establishment of maximum limits on the size of
prescriptions, new or refilled, which shall be in amounts
sufficient for 34 days, except as otherwise specified by
rule for medical or utilization control reasons;
(3) Establishment of liens upon any and all causes
of action which accrue to a beneficiary as a result of
injuries for which covered prescription drugs are
directly or indirectly required and for which the
Director made payment or became liable for under this
Act;
(4) Charge or collection of payments from third
parties or private plans of assistance, or from other
programs of public assistance for any claim that is
properly chargeable under the assignment of benefits
executed by beneficiaries as a requirement of eligibility
for the pharmaceutical assistance identification card
under this Act;
(5) Inspection of appropriate records and audit of
participating authorized pharmacies to ensure contract
compliance, and to determine any fraudulent transactions
or practices under this Act;
(6) Annual determination of the reasonable costs of
covered prescription drugs for which payments are made
under this Act, as provided in Section 3.16;
(7) Payment to pharmacies under this Act in
accordance with the State Prompt Payment Act.
The Department shall annually report to the Governor and
the General Assembly by March 1st of each year on the
administration of pharmaceutical assistance under this Act.
By the effective date of this Act the Department shall
determine the reasonable costs of covered prescription drugs
in accordance with Section 3.16 of this Act.
(Source: P.A. 91-357, eff. 7-29-99; revised 12-07-01.)
Section 66. The Abused and Neglected Child Reporting Act
is amended by changing Section 7.9 as follows:
(325 ILCS 5/7.9) (from Ch. 23, par. 2057.9)
Sec. 7.9. The Department shall prepare, print, and
distribute initial, preliminary, and final reporting forms to
each Child Protective Service Unit. Initial written reports
from the reporting source shall contain the following
information to the extent known at the time the report is
made: (1) the names and addresses of the child and his
parents or other persons responsible for his welfare; (1.5)
the name and address of the school that the child attends (or
the school that the child last attended, if the report is
written during the summer when school is not in session), and
the name of the school district in which the school is
located, if applicable; (2) the child's age, sex, and race;
(3) the nature and extent of the child's abuse or neglect,
including any evidence of prior injuries, abuse, or neglect
of the child or his siblings; (4) the names of the persons
apparently responsible for the abuse or neglect; (5) family
composition, including names, ages, sexes, and races of other
children in the home; (6) the name of the person making the
report, his occupation, and where he can be reached; (7) the
actions taken by the reporting source, including the taking
of photographs and x-rays, placing the child in temporary
protective custody, or notifying the medical examiner or
coroner; and (8) and any other information the person making
the report believes might be helpful in the furtherance of
the purposes of this Act.
(Source: P.A. 92-295, eff. 1-1-02; revised 9-19-01.)
Section 67. The Early Intervention Services System Act
is amended by changing Sections 11 and 13 as follows:
(325 ILCS 20/11) (from Ch. 23, par. 4161)
Sec. 11. Individualized Family Service Plans.
(a) Each eligible infant or toddler and that infant's or
toddler's family shall receive:
(1) timely, comprehensive, multidisciplinary
assessment of the unique needs of each eligible infant
and toddler, and assessment of the concerns and
priorities of the families to appropriately assist them
in meeting their needs and identify services to meet
those needs; and
(2) a written Individualized Family Service Plan
developed by a multidisciplinary team which includes the
parent or guardian. The individualized family service
plan shall be based on the multidisciplinary team's
assessment of the resources, priorities, and concerns of
the family and its identification of the supports and
services necessary to enhance the family's capacity to
meet the developmental needs of the infant or toddler,
and shall include the identification of services
appropriate to meet those needs, including the frequency,
intensity, and method of delivering services. During and
as part of the initial development of the individualized
family services plan, and any periodic reviews of the
plan, the multidisciplinary team shall consult the lead
agency's therapy guidelines and its designated experts,
if any, to help determine appropriate services and the
frequency and intensity of those services. All services
in the individualized family services plan must be
justified by the multidisciplinary assessment of the
unique strengths and needs of the infant or toddler and
must be appropriate to meet those needs. At the periodic
reviews, the team shall determine whether modification or
revision of the outcomes or services is necessary.
(b) The Individualized Family Service Plan shall be
evaluated once a year and the family shall be provided a
review of the Plan at 6 month intervals or more often where
appropriate based on infant or toddler and family needs. The
lead agency shall create a quality review process regarding
Individualized Family Service Plan development and changes
thereto, to monitor and help assure that resources are being
used to provide appropriate early intervention services.
(c) The evaluation and initial assessment and initial
Plan meeting must be held within 45 days after the initial
contact with the early intervention services system. With
parental consent, early intervention services may commence
before the completion of the comprehensive assessment and
development of the Plan.
(d) Parents must be informed that, at their discretion,
early intervention services shall be provided to each
eligible infant and toddler in the natural environment, which
may include the home or other community settings. Parents
shall make the final decision to accept or decline early
intervention services. A decision to decline such services
shall not be a basis for administrative determination of
parental fitness, or other findings or sanctions against the
parents. Parameters of the Plan shall be set forth in rules.
(e) The regional intake offices shall explain to each
family, orally and in writing, all of the following:
(1) That the early intervention program will pay
for all early intervention services set forth in the
individualized family service plan that are not covered
or paid under the family's public or private insurance
plan or policy and not eligible for payment through any
other third party payor.
(2) That services will not be delayed due to any
rules or restrictions under the family's insurance plan
or policy.
(3) That the family may request, with appropriate
documentation supporting the request, a determination of
an exemption from private insurance use under Section
13.25.
(4) That responsibility for co-payments or
co-insurance under a family's private insurance plan or
policy will be transferred to the lead agency's central
billing office.
(5) That families will be responsible for payments
of family fees, which will be based on a sliding scale
according to income, and that these fees are payable to
the central billing office, and that if the family
encounters a catastrophic circumstance, as defined under
subsection (f) of Section 13 of this Act, making it
unable to pay the fees, the lead agency may, upon proof
of inability to pay, waive the fees.
(f) The individualized family service plan must state
whether the family has private insurance coverage and, if the
family has such coverage, must have attached to it a copy of
the family's insurance identification card or otherwise
include all of the following information:
(1) The name, address, and telephone number of the
insurance carrier.
(2) The contract number and policy number of the
insurance plan.
(3) The name, address, and social security number
of the primary insured.
(4) The beginning date of the insurance benefit
year.
(g) A copy of the individualized family service plan
must be provided to each enrolled provider who is providing
early intervention services to the child who is the subject
of that plan.
(Source: P.A. 91-538, eff. 8-13-99; 92-10, eff. 6-11-01;
92-307, eff. 8-9-01; revised 10-15-01.)
(325 ILCS 20/13) (from Ch. 23, par. 4163)
Sec. 13. Funding and Fiscal Responsibility.
(a) The lead agency and every other participating State
agency may receive and expend funds appropriated by the
General Assembly to implement the early intervention services
system as required by this Act.
(b) The lead agency and each participating State agency
shall identify and report on an annual basis to the Council
the State agency funds utilized for the provision of early
intervention services to eligible infants and toddlers.
(c) Funds provided under Section 633 of the Individuals
with Disabilities Education Act (20 United States Code 1433)
and State funds designated or appropriated for early
intervention services or programs may not be used to satisfy
a financial commitment for services which would have been
paid for from another public or private source but for the
enactment of this Act, except whenever considered necessary
to prevent delay in receiving appropriate early intervention
services by the eligible infant or toddler or family in a
timely manner. "Public or private source" includes public
and private insurance coverage.
Funds provided under Section 633 of the Individuals with
Disabilities Education Act and State funds designated or
appropriated for early intervention services or programs may
be used by the lead agency to pay the provider of services
(A) pending reimbursement from the appropriate State agency
or (B) if (i) the claim for payment is denied in whole or in
part by a public or private source, or would be denied under
the written terms of the public program or plan or private
plan, or (ii) use of private insurance for the service has
been exempted under Section 13.25. Payment under item (B)(i)
may be made based on a pre-determination telephone inquiry
supported by written documentation of the denial supplied
thereafter by the insurance carrier.
(d) Nothing in this Act shall be construed to permit the
State to reduce medical or other assistance available or to
alter eligibility under Title V and Title XIX of the Social
Security Act relating to the Maternal Child Health Program
and Medicaid for eligible infants and toddlers in this State.
(e) The lead agency shall create a central billing
office to receive and dispense all relevant State and federal
resources, as well as local government or independent
resources available, for early intervention services. This
office shall assure that maximum federal resources are
utilized and that providers receive funds with minimal
duplications or interagency reporting and with consolidated
audit procedures.
(f) The lead agency shall, by rule, create a system of
payments by families, including a schedule of fees. No fees,
however, may be charged for: implementing child find,
evaluation and assessment, service coordination,
administrative and coordination activities related to the
development, review, and evaluation of Individualized Family
Service Plans, or the implementation of procedural safeguards
and other administrative components of the statewide early
intervention system.
The system of payments, called family fees, shall be
structured on a sliding scale based on family income. The
family's coverage or lack of coverage under a public or
private insurance plan or policy shall not be a factor in
determining the amount of the family fees.
Each family's fee obligation shall be established
annually, and shall be paid by families to the central
billing office in installments. At the written request of the
family, the fee obligation shall be adjusted prospectively at
any point during the year upon proof of a change in family
income or family size. The inability of the parents of an
eligible child to pay family fees due to catastrophic
circumstances or extraordinary expenses shall not result in
the denial of services to the child or the child's family. A
family must document its extraordinary expenses or other
catastrophic circumstances by showing one of the following:
(i) out-of-pocket medical expenses in excess of 15% of gross
income; (ii) a fire, flood, or other disaster causing a
direct out-of-pocket loss in excess of 15% of gross income;
or (iii) other catastrophic circumstances causing
out-of-pocket losses in excess of 15% of gross income. The
family must present proof of loss to its service coordinator,
who shall document it, and the lead agency shall determine
whether the fees shall be reduced, forgiven, or suspended
within 10 business days after the family's request.
(g) To ensure that early intervention funds are used as
the payor of last resort for early intervention services, the
lead agency shall determine at the point of early
intervention intake, and again at any periodic review of
eligibility thereafter or upon a change in family
circumstances, whether the family is eligible for or enrolled
in any program for which payment is made directly or through
public or private insurance for any or all of the early
intervention services made available under this Act. The lead
agency shall establish procedures to ensure that payments are
made either directly from these public and private sources
instead of from State or federal early intervention funds, or
as reimbursement for payments previously made from State or
federal early intervention funds.
(Source: P.A. 91-538, eff. 8-13-99; 92-10, eff. 6-11-01;
92-307, eff. 8-9-01; revised 10-15-01.)
Section 68. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 2-108 and
3-601 as follows:
(405 ILCS 5/2-108) (from Ch. 91 1/2, par. 2-108)
Sec. 2-108. Use of restraint. Restraint may be used
only as a therapeutic measure to prevent a recipient from
causing physical harm to himself or physical abuse to others.
Restraint may only be applied by a person who has been
trained in the application of the particular type of
restraint to be utilized. In no event shall restraint be
utilized to punish or discipline a recipient, nor is
restraint to be used as a convenience for the staff.
(a) Except as provided in this Section, restraint shall
be employed only upon the written order of a physician,
clinical psychologist, clinical social worker, or registered
nurse with supervisory responsibilities. No restraint shall
be ordered unless the physician, clinical psychologist,
clinical social worker, or registered nurse with supervisory
responsibilities, after personally observing and examining
the recipient, is clinically satisfied that the use of
restraint is justified to prevent the recipient from causing
physical harm to himself or others. In no event may restraint
continue for longer than 2 hours unless within that time
period a nurse with supervisory responsibilities or a
physician confirms, in writing, following a personal
examination of the recipient, that the restraint does not
pose an undue risk to the recipient's health in light of the
recipient's physical or medical condition. The order shall
state the events leading up to the need for restraint and the
purposes for which restraint is employed. The order shall
also state the length of time restraint is to be employed and
the clinical justification for that length of time. No order
for restraint shall be valid for more than 16 hours. If
further restraint is required, a new order must be issued
pursuant to the requirements provided in this Section.
(b) In the event there is an emergency requiring the
immediate use of restraint, it may be ordered temporarily by
a qualified person only where a physician, clinical
psychologist, clinical social worker, or registered nurse
with supervisory responsibilities is not immediately
available. In that event, an order by a nurse, clinical
psychologist, clinical social worker, or physician shall be
obtained pursuant to the requirements of this Section as
quickly as possible, and the recipient shall be examined by a
physician or supervisory nurse within 2 hours after the
initial employment of the emergency restraint. Whoever orders
restraint in emergency situations shall document its
necessity and place that documentation in the recipient's
record.
(c) The person who orders restraint shall inform the
facility director or his designee in writing of the use of
restraint within 24 hours.
(d) The facility director shall review all restraint
orders daily and shall inquire into the reasons for the
orders for restraint by any person who routinely orders them.
(e) Restraint may be employed during all or part of one
24 hour period, the period commencing with the initial
application of the restraint. However, once restraint has
been employed during one 24 hour period, it shall not be used
again on the same recipient during the next 48 hours without
the prior written authorization of the facility director.
(f) Restraint shall be employed in a humane and
therapeutic manner and the person being restrained shall be
observed by a qualified person as often as is clinically
appropriate but in no event less than once every 15 minutes.
The qualified person shall maintain a record of the
observations. Specifically, unless there is an immediate
danger that the recipient will physically harm himself or
others, restraint shall be loosely applied to permit freedom
of movement. Further, the recipient shall be permitted to
have regular meals and toilet privileges free from the
restraint, except when freedom of action may result in
physical harm to the recipient or others.
(g) Every facility that employs restraint shall provide
training in the safe and humane application of each type of
restraint employed. The facility shall not authorize the use
of any type of restraint by an employee who has not received
training in the safe and humane application of that type of
restraint. Each facility in which restraint is used shall
maintain records detailing which employees have been trained
and are authorized to apply restraint, the date of the
training and the type of restraint that the employee was
trained to use.
(h) Whenever restraint is imposed upon any recipient
whose primary mode of communication is sign language, the
recipient shall be permitted to have his hands free from
restraint for brief periods each hour hours, except when
freedom may result in physical harm to the recipient or
others.
(i) A recipient who is restrained may only be secluded
at the same time pursuant to an explicit written
authorization as provided in Section 2-109 of this Code.
Whenever a recipient is restrained, a member of the facility
staff shall remain with the recipient at all times unless the
recipient has been secluded. A recipient who is restrained
and secluded shall be observed by a qualified person as often
as is clinically appropriate but in no event less than every
15 minutes.
(j) Whenever restraint is used, the recipient shall be
advised of his right, pursuant to Sections 2-200 and 2-201 of
this Code, to have any person of his choosing, including the
Guardianship and Advocacy Commission or the agency designated
pursuant to the Protection and Advocacy for Developmentally
Disabled Persons Act notified of the restraint. A recipient
who is under guardianship may request that any person of his
choosing be notified of the restraint whether or not the
guardian approves of the notice. Whenever the Guardianship
and Advocacy Commission is notified that a recipient has been
restrained, it shall contact that recipient to determine the
circumstances of the restraint and whether further action is
warranted.
(Source: P.A. 87-124; 87-530; 87-895; 88-380; revised
12-07-01.)
(405 ILCS 5/3-601) (from Ch. 91 1/2, par. 3-601)
Sec. 3-601. Involuntary admission; petition.
(a) When a person is asserted to be subject to
involuntary admission and in such a condition that immediate
hospitalization is necessary for the protection of such
person or others from physical harm, any person 18 years of
age or older may present a petition to the facility director
of a mental health facility in the county where the
respondent resides or is present. The petition may be
prepared by the facility director of the facility.
(b) The petition shall include all of the following:
1. A detailed statement of the reason for the
assertion that the respondent is subject to involuntary
admission, including the signs and symptoms of a mental
illness and a description of any acts, threats, or other
behavior or pattern of or behavior supporting the
assertion and the time and place of their occurrence.
2. The name and address of the spouse, parent,
guardian, substitute decision maker, if any, and close
relative, or if none, the name and address of any known
friend of the respondent whom the petitioner has reason
to believe may know or have any of the other names and
addresses. If the petitioner is unable to supply any
such names and addresses, the petitioner shall state that
diligent inquiry was made to learn this information and
specify the steps taken.
3. The petitioner's relationship to the respondent
and a statement as to whether the petitioner has legal or
financial interest in the matter or is involved in
litigation with the respondent. If the petitioner has a
legal or financial interest in the matter or is involved
in litigation with the respondent, a statement of why the
petitioner believes it would not be practicable or
possible for someone else to be the petitioner.
4. The names, addresses and phone numbers of the
witnesses by which the facts asserted may be proved.
(c) Knowingly making a material false statement in the
petition is a Class A misdemeanor.
(Source: P.A. 91-726, eff. 6-2-00; revised 12-04-01.)
Section 69. The Medical Patient Rights Act is amended by
changing Section 4 as follows:
(410 ILCS 50/4) (from Ch. 111 1/2, par. 5404)
Sec. 4. Violations. Any physician or health care
provider that violates a patient's rights as set forth in
subparagraph (b) (a) of Section 3 is guilty of a petty
offense and shall be fined $500. Any insurance company or
health service corporation that violates a patient's rights
as set forth in subparagraph (c) (b) of Section 3 is guilty
of a petty offense and shall be fined $1,000. Any physician,
health care provider, health services corporation or
insurance company that violates a patient's rights as set
forth in subsection (d) (c) of Section 3 is guilty of a petty
offense and shall be fined $1,000.
(Source: P.A. 86-902; revised 1-25-02.)
Section 70. The Illinois Clean Indoor Air Act is amended
by changing Section 3 as follows:
(410 ILCS 80/3) (from Ch. 111 1/2, par. 8203)
Sec. 3. For the purposes of this Act, the following
terms have the meanings ascribed to them in this Section
unless different meanings are plainly indicated by the
context:
(a) "Department" means the Department of Public Health.
(b) "Proprietor" means any individual or his designated
agent who by virtue of his office, position, authority, or
duties has legal or administrative responsibility for the use
or operation of property.
(c) "Public Place" means any enclosed indoor area used
by the public or serving as a place of work including, but
not limited to, hospitals, restaurants, retail stores,
offices, commercial establishments, elevators, indoor
theaters, libraries, art museums, concert halls, public
conveyances, educational facilities, nursing homes,
auditoriums, arenas, and meeting rooms, but excluding bowling
establishments and excluding places whose primary business is
the sale of alcoholic beverages for consumption on the
premises and excluding rooms rented for the purpose of living
quarters or sleeping or housekeeping accommodations from a
hotel, as defined in the Hotel Operators' Occupation Tax Act,
and private, enclosed offices occupied exclusively by
smokers, even though such offices may be visited by
nonsmokers.
(d) "Smoking" means the act of inhaling the smoke from
or possessing a lighted cigarette, cigar, pipe, or any other
form of tobacco or similar substance used for smoking.
(e) "State agency" has the meaning formerly ascribed to
it in subsection (a) of Section 3 of the Illinois Purchasing
Act (now repealed).
(f) "Unit of local government" has the meaning ascribed
to it in Section 1 of Article VII of the Illinois
Constitution of 1970.
(Source: P.A. 86-1018; revised 1-25-02.)
Section 71. The Environmental Protection Act is amended
by changing Sections 15, 19.1, and 57.7 as follows:
(415 ILCS 5/15) (from Ch. 111 1/2, par. 1015)
Sec. 15. Plans and specifications; demonstration of
capability.
(a) Owners of public water supplies, their authorized
representative, or legal custodians, shall submit plans and
specifications to the Agency and obtain written approval
before construction of any proposed public water supply
installations, changes, or additions is started. Plans and
specifications shall be complete and of sufficient detail to
show all proposed construction, changes, or additions that
may affect sanitary quality, mineral quality, or adequacy of
the public water supply; and, where necessary, said plans and
specifications shall be accompanied by supplemental data as
may be required by the Agency to permit a complete review
thereof.
(b) All new public water supplies established after
October 1, 1999 shall demonstrate technical, financial, and
managerial capacity as a condition for issuance of a
construction or operation permit by the Agency or its
designee. The demonstration shall be consistent with the
technical, financial, and managerial provisions of the
federal Safe Drinking Water Act (P.L. 93-523 93-532), as now
or hereafter amended. The Agency is authorized to adopt
rules in accordance with the Illinois Administrative
Procedure Act to implement the purposes of this subsection.
Such rules must take into account the need for the facility,
facility size, sophistication of treatment of the water
supply, and financial requirements needed for operation of
the facility.
(Source: P.A. 90-773, eff. 8-14-98; revised 12-07-01.)
(415 ILCS 5/19.1) (from Ch. 111 1/2, par. 1019.1)
Sec. 19.1. Legislative findings. The General Assembly
finds:
(a) that local government units require assistance in
financing the construction of wastewater treatment works in
order to comply with the State's program of environmental
protection and federally mandated requirements;
(b) that the federal Water Quality Act of 1987 provides
an important source of grant awards to the State for
providing assistance to local government units through the
Water Pollution Control Loan Program;
(c) that local government units and privately owned
community water supplies require assistance in financing the
construction of their public water supplies to comply with
State and federal drinking water laws and regulations;
(d) that the federal Safe Drinking Water Act ("SDWA"),
P.L. 93-523 93-532, as now or hereafter amended, provides an
important source of capitalization grant awards to the State
to provide assistance to local government units and privately
owned community water supplies through the Public Water
Supply Loan Program;
(e) that violations of State and federal drinking water
standards threaten the public interest, safety, and welfare,
which demands that the Illinois Environmental Protection
Agency expeditiously adopt emergency rules to administer the
Public Water Supply Loan Program; and
(f) that the General Assembly agrees with the
conclusions and recommendations of the "Report to the
Illinois General Assembly on the Issue of Expanding Public
Water Supply Loan Eligibility to Privately Owned Community
Water Supplies", dated August 1998, including the stated
access to the Public Water Supply Loan Program by the
privately owned public water supplies so that the long term
integrity and viability of the corpus of the Fund will be
assured.
(Source: P.A. 90-121, eff. 7-17-97; 91-52, eff. 6-30-99;
91-501, eff. 8-13-99; revised 12-07-01.)
(415 ILCS 5/57.7)
Sec. 57.7. Leaking underground storage tanks; physical
soil classification, groundwater investigation, site
classification, and corrective action.
(a) Physical soil classification and groundwater
investigation.
(1) Prior to conducting any physical soil
classification and groundwater investigation activities
required by statute or regulation, the owner or operator
shall prepare and submit to the Agency for the Agency's
approval or modification:
(A) a physical soil classification and
groundwater investigation plan designed to
determine site classification, in accordance
with subsection (b) of this Section, as High
Priority, Low Priority, or No Further Action.
(B) a request for payment of costs
associated with eligible early action costs as
provided in Section 57.6(b). However, for
purposes of payment for early action costs,
fill materials shall not be removed in an
amount in excess of 4 feet from the outside
dimensions of the tank.
(2) If the owner or operator intends to seek
payment from the Fund, prior to conducting any physical
soil classification and groundwater investigation
activities required by statute or regulation, the owner
or operator shall submit to the Agency for the Agency's
approval or modification a physical soil classification
and groundwater investigation budget which includes, but
is not limited to, an accounting of all costs associated
with the implementation and completion of the physical
soil classification and groundwater investigation plan.
(3) Within 30 days of completion of the physical
soil classification or groundwater investigation report
the owner or operator shall submit to the Agency:
(A) all physical soil classification and
groundwater investigation results; and
(B) a certification by a Licensed Professional
Engineer of the site's classification as High
Priority, Low Priority, or No Further Action in
accordance with subsection (b) of this Section as
High Priority, Low Priority, or No Further Action.
(b) Site Classification.
(1) After evaluation of the physical soil
classification and groundwater investigation results,
when required, and general site information, the site
shall be classified as "No Further Action", "Low
Priority", or "High Priority" based on the requirements
of this Section. Site classification shall be determined
by a Licensed Professional Engineer in accordance with
the requirements of this Title and the Licensed
Professional Engineer shall submit a certification to the
Agency of the site classification. The Agency has the
authority to audit site classifications and reject or
modify any site classification inconsistent with the
requirements of this Title.
(2) Sites shall be classified as No Further Action
if the criteria in subparagraph (A) are satisfied:
(A)(i) The site is located in an area
designated D, E, F and G on the Illinois Geological
Survey Circular (1984) titled "Potential for
Contamination of Shallow Aquifers in Illinois," by
Berg, Richard C., et al.;
(ii) A site evaluation under the direction of
a Licensed Professional Engineer verifies the
physical soil classification conditions are
consistent with those indicated on the Illinois
Geological Survey Circular (1984) titled "Potential
for Contamination of Shallow Aquifers in Illinois,"
by Berg, Richard C., et al.; and
(iii) The conditions identified in subsections
(b) (3)(B), (C), (D), and (E) do not exist.
(B) Groundwater investigation monitoring may
be required to confirm that a site meets the
criteria of a No Further Action site. The Board
shall adopt rules setting forth the criteria under
which the Agency may exercise its discretionary
authority to require investigations and the minimum
field requirements for conducting investigations.
(3) Sites shall be classified as High Priority if
any of the following are met:
(A) The site is located in an area designated
A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4,
or C5 on the Illinois Geological Survey Circular
(1984) titled "Potential for Contamination of
Shallow Aquifers in Illinois," by Berg, Richard C.,
et al.; a site evaluation under the direction of a
Licensed Professional Engineer verifies the physical
soil classifications conditions are consistent with
those indicated on the Illinois Geological Survey
Circular (1984) entitled "Potential for
Contamination of Shallow Aquifers in Illinois," by
Berg, Richard C., et al.; and the results of the
physical soil classification and groundwater
investigation indicate that an applicable indicator
contaminant groundwater quality standard or
groundwater objective has been exceeded at the
property boundary line or 200 feet from the
excavation, whichever is less as a consequence of
the underground storage tank release.
(B) The underground storage tank is within the
minimum or maximum setback zone of a potable water
supply well or regulated recharge area of a potable
water supply well.
(C) There is evidence that, through natural or
manmade pathways, migration of petroleum or vapors
threaten human health or human safety or may cause
explosions in basements, crawl spaces, utility
conduits, storm or sanitary sewers, vaults or other
confined spaces.
(D) Class III special resource groundwater
exists within 200 feet of the excavation.
(E) A surface water body is adversely affected
by the presence of a visible sheen or free product
layer as the result of an underground storage tank
release.
(4) Sites shall be classified as Low Priority if
all of the following are met:
(A) The site does not meet any of the criteria
for classification as a High Priority Site.
(B) (i) The site is located in area designated
A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4,
C5 on the Illinois Geological Survey Circular (1984)
entitled "Potential for Contamination of Shallow
Aquifers in Illinois," by Berg, Richard C., et al.;
and
(ii) a site evaluation under the direction of
a Licensed Professional Engineer verifies the
physical soil classification conditions are
consistent with those indicated on the Illinois
Geological Survey Circular (1984) titled "Potential
for Contamination of Shallow Aquifers in Illinois,"
by Berg, Richard C., et al.; and
(iii) the results of the physical soil
classification and groundwater investigation do not
indicate an applicable indicator contaminant
groundwater quality standard or groundwater
objective has been exceeded at the property boundary
line or 200 feet from the underground storage tank,
whichever is less.
(5) In the event the results of the physical soil
classification and any required groundwater investigation
reveal that the actual site geologic characteristics are
different than those indicated by the Illinois Geological
Survey Circular (1984) titled "Potential for
Contamination of Shallow Aquifers in Illinois" by Berg,
Richard C., et al., classification of the site shall be
determined using the actual site geologic
characteristics.
(6) For purposes of physical soil classification,
the Board is authorized to prescribe by regulation
alternatives to use of the Illinois Geological Survey
Circular (1984) titled "Potential for Contamination of
Shallow Aquifers in Illinois" by Berg, Richard C., et al.
(c) Corrective Action.
(1) High Priority Site.
(A) Prior to performance of any corrective
action, beyond that required by Section 57.6 and
subsection (a) of Section 57.7 of this Act, the
owner or operator shall prepare and submit to the
Agency for the Agency's approval or modification a
corrective action plan designed to mitigate any
threat to human health, human safety or the
environment resulting from the underground storage
tank release.
(B) If the owner or operator intends to seek
payment from the Fund, prior to performance of any
corrective action beyond that required by Section
57.6 and subsection (a) of Section 57.7, the owner
or operator shall submit to the Agency for the
Agency's approval or modification a corrective
action plan budget which includes, but is not
limited to, an accounting of all costs associated
with the implementation and completion of the
corrective action plan.
(C) The corrective action plan shall do all of
the following:
(i) Provide that applicable indicator
contaminant groundwater quality standards or
groundwater objectives will not be exceeded in
groundwater at the property boundary line or
200 feet from the excavation, whichever is
less, or other level if approved by the Agency,
for any contaminant identified in the
groundwater investigation after complete
performance of the corrective action plan.
(ii) Provide that Class III special
resource groundwater quality standards for
Class III special resource groundwater within
200 feet of the excavation will not be exceeded
as a result of the underground storage tank
release for any indicator contaminant
identified in the groundwater investigation
after complete performance of the corrective
action plan.
(iii) Remediate threats due to the
presence or migration, through natural or
manmade pathways, of petroleum in
concentrations sufficient to harm human health
or human safety or to cause explosions in
basements, crawl spaces, utility conduits,
storm or sanitary sewers, vaults or other
confined spaces.
(iv) Remediate threats to a potable water
supply.
(v) Remediate threats to a surface water
body.
(D) Within 30 days of completion of the
corrective action, the owner or operator shall
submit to the Agency such a completion report that
includes a description of the corrective action plan
and a description of the corrective action work
performed and all analytical or sampling results
derived from performance of the corrective action
plan.
(E) The Agency shall issue to the owner or
operator a no further remediation letter in
accordance with Section 57.10 if all of the
following are met:
(i) The corrective action completion
report demonstrates that: (a) applicable
indicator contaminant groundwater quality
standards or groundwater objectives are not
exceeded at the property boundary line or 200
feet from the excavation, whichever is less, as
a result of the underground storage tank
release for any indicator contaminant
identified in the groundwater investigation;
(b) Class III special use resource groundwater
quality standards, for Class III special use
resource groundwater within 200 feet of the
underground storage tank, are not exceeded as a
result of the underground storage tank release
for any contaminant identified in the
groundwater investigation; (c) the underground
storage tank release does not threaten human
health or human safety due to the presence or
migration, through natural or manmade pathways,
of petroleum or hazardous substances in
concentrations sufficient to harm human health
or human safety or to cause explosions in
basements, crawl spaces, utility conduits,
storm or sanitary sewers, vaults or other
confined spaces; (d) the underground storage
tank release does not threaten any surface
water body; and (e) the underground storage
tank release does not threaten any potable
water supply.
(ii) The owner or operator submits to the
Agency a certification from a Licensed
Professional Engineer that the work described
in the approved corrective action plan has been
completed and that the information presented in
the corrective action completion report is
accurate and complete.
(2) Low Priority Site.
(A) Corrective action at a low priority site
must include groundwater monitoring consistent with
part (B) of this paragraph (2).
(B) Prior to implementation of groundwater
monitoring, the owner or operator shall prepare and
submit to the Agency a groundwater monitoring plan
and, if the owner or operator intends to seek
payment under this Title, an associated budget which
includes, at a minimum, all of the following:
(i) Placement of groundwater monitoring
wells at the property line, or at 200 feet from
the excavation which ever is closer, designed
to provide the greatest likelihood of detecting
migration of groundwater contamination.
(ii) Quarterly groundwater sampling for a
period of one year, semi-annual sampling for
the second year and annual groundwater sampling
for one subsequent year for all indicator
contaminants identified during the groundwater
investigation.
(iii) The annual submittal to the Agency
of a summary of groundwater sampling results.
(C) If at any time groundwater sampling
results indicate a confirmed exceedence of
applicable indicator contaminant groundwater quality
standards or groundwater objectives as a result of
the underground storage tank release, the site may
be reclassified as a High Priority Site by the
Agency at any time before the Agency's final
approval of a Low Priority groundwater monitoring
completion report. Agency review and approval shall
be in accordance with paragraph (4) of subsection
(c) of this Section. If the owner or operator elects
to appeal an Agency action to disapprove, modify, or
reject by operation of law a Low Priority
groundwater monitoring completion report, the Agency
shall indicate to the Board in conjunction with such
appeal whether it intends to reclassify the site as
High Priority. If a site is reclassified as a High
Priority Site, the owner or operator shall submit a
corrective action plan and budget to the Agency
within 120 days of the confirmed exceedence and
shall initiate compliance with all corrective action
requirements for a High Priority Site.
(D) If, throughout the implementation of the
groundwater monitoring plan, the groundwater
sampling results do not confirm an exceedence of
applicable indicator contaminant groundwater quality
standards or groundwater objectives as a result of
the underground storage tank release, the owner or
operator shall submit to the Agency a certification
of a Licensed Professional Engineer so stating.
(E) Unless the Agency takes action under
subsection (b)(2)(C) to reclassify a site as high
priority, upon receipt of a certification by a
Licensed Professional Engineer submitted pursuant to
paragraph (2) of subsection (c) of this Section, the
Agency shall issue to the owner or operator a no
further remediation letter in accordance with
Section 57.10.
(3) No Further Action Site.
(A) No Further Action sites require no
remediation beyond that required in Section 57.6 and
subsection (a) of this Section if the owner or
operator has submitted to the Agency a certification
by a Licensed Professional Engineer that the site
meets all of the criteria for classification as No
Further Action in subsection (b) of this Section.
(B) Unless the Agency takes action to reject
or modify a site classification under subsection (b)
of this Section or the site classification is
rejected by operation of law under item (4)(B) of
subsection (c) of this Section, upon receipt of a
certification by a Licensed Professional Engineer
submitted pursuant to part (A) of paragraph (3) of
subsection (c) of this Section, the Agency shall
issue to the owner or operator a no further
remediation letter in accordance with Section 57.10.
(4) Agency review and approval.
(A) Agency approval of any plan and associated
budget, as described in this item (4), shall be
considered final approval for purposes of seeking
and obtaining payment from the Underground Storage
Tank Fund if the costs associated with the
completion of any such plan are less than or equal
to the amounts approved in such budget.
(B) In the event the Agency fails to approve,
disapprove, or modify any plan or report submitted
pursuant to this Title in writing within 120 days of
the receipt by the Agency, the plan or report shall
be considered to be rejected by operation of law for
purposes of this Title and rejected for purposes of
payment from the Leaking Underground Storage Tank
Fund.
(i) For purposes of those plans as
identified in subparagraph (E) of this
subsection (c)(4), the Agency's review may be
an audit procedure. Such review or audit shall
be consistent with the procedure for such
review or audit as promulgated by the Board
under item (7) of subsection (b) of Section
57.14. The Agency has the authority to
establish an auditing program to verify
compliance of such plans with the provisions of
this Title.
(ii) For purposes of those plans
submitted pursuant to Part (E) (iii) of this
paragraph (4) for which payment from the Fund
is not being sought, the Agency need not take
action on such plan until 120 days after it
receives the corrective action completion
report required under Section 57(c)(1)(D). In
the event the Agency approved the plan, it
shall proceed under the provisions of Section
57(c)(4).
(C) In approving any plan submitted pursuant
to Part (E) of this paragraph (4), the Agency shall
determine, by a procedure promulgated by the Board
under item (7) of subsection (b) of Section 57.14,
that the costs associated with the plan are
reasonable, will be incurred in the performance of
corrective action, and will not be used for
corrective action activities in excess of those
required to meet the minimum requirements of this
title.
(D) For any plan or report received after the
effective date of this amendatory Act of 1993, any
action by the Agency to disapprove or modify a plan
submitted pursuant to this Title shall be provided
to the owner or operator in writing within 120 days
of the receipt by the Agency or, in the case of a
corrective action plan for which payment is not
being sought, within 120 days of receipt of the
corrective action completion report, and shall be
accompanied by:
(i) an explanation of the Sections of
this Act which may be violated if the plans
were approved;
(ii) an explanation of the provisions of
the regulations, promulgated under this Act,
which may be violated if the plan were
approved;
(iii) an explanation of the specific type
of information, if any, which the Agency deems
the applicant did not provide the Agency; and
(iv) a statement of specific reasons why
the Act and the regulations might not be met if
the plan were approved.
Any action by the Agency to disapprove or
modify a plan or report or the rejection of any plan
or report by operation of law shall be subject to
appeal to the Board in accordance with the
procedures of Section 40. If the owner or operator
elects to incorporate modifications required by the
Agency rather than appeal, an amended plan shall be
submitted to the Agency within 35 days of receipt of
the Agency's written notification.
(E) For purposes of this Title, the term
"plan" shall include:
(i) Any physical soil classification and
groundwater investigation plan submitted
pursuant to item (1)(A) of subsection (a) of
this Section, or budget under item (2) of
subsection (a) of this Section;
(ii) Any groundwater monitoring plan or
budget submitted pursuant to subsection
(c)(2)(B) of this Section;
(iii) Any corrective action plan
submitted pursuant to subsection (c)(1)(A) of
this Section; or
(iv) Any corrective action plan budget
submitted pursuant to subsection (c)(1)(B) of
this Section.
(d) For purposes of this Title, the term "indicator
contaminant" shall mean, unless and until the Board
promulgates regulations to the contrary, the following: (i)
if an underground storage tank contains gasoline, the
indicator parameter shall be BTEX and Benzene; (ii) if the
tank contained petroleum products consisting of middle
distillate or heavy ends, then the indicator parameter shall
be determined by a scan of PNA's taken from the location
where contamination is most likely to be present; and (iii)
if the tank contained used oil, then the indicator
contaminant shall be those chemical constituents which
indicate the type of petroleum stored in an underground
storage tank. All references in this Title to groundwater
objectives shall mean Class I groundwater standards or
objectives as applicable.
(e) (1) Notwithstanding the provisions of this Section,
an owner or operator may proceed to conduct physical soil
classification, groundwater investigation, site
classification or other corrective action prior to the
submittal or approval of an otherwise required plan. If
the owner or operator elects to so proceed, an applicable
plan shall be filed with the Agency at any time. Such
plan shall detail the steps taken to determine the type
of corrective action which was necessary at the site
along with the corrective action taken or to be taken, in
addition to costs associated with activities to date and
anticipated costs.
(2) Upon receipt of a plan submitted after
activities have commenced at a site, the Agency shall
proceed to review in the same manner as required under
this Title. In the event the Agency disapproves all or
part of the costs, the owner or operator may appeal such
decision to the Board. The owner or operator shall not
be eligible to be reimbursed for such disapproved costs
unless and until the Board determines that such costs
were eligible for payment.
(Source: P.A. 88-496; 88-668, eff. 9-16-94; 89-428, eff.
1-1-96; 89-457, eff. 5-22-96; revised 1-25-02.)
Section 72. The Radon Industry Licensing Act is amended
by changing Section 65 as follows:
(420 ILCS 44/65)
Sec. 65. Illinois Administrative Procedure Act. The
provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all
administrative rules and procedures of the Department under
this Act, except that Section 5-35 of 5 of the Illinois
Administrative Procedure Act, relating to procedures for
rulemaking, does not apply to the adoption of any rule
required by federal law in connection with which the
Department is precluded from exercising any discretion.
(Source: P.A. 90-262, eff. 7-30-97; revised 12-07-01.)
Section 73. The Firearm Owners Identification Card Act
is amended by changing Section 14 as follows:
(430 ILCS 65/14) (from Ch. 38, par. 83-14)
Sec. 14. Sentence.
(a) A violation of paragraph (1) of subsection (a) of
Section 2, when the person's Firearm Owner's Identification
Card is expired but the person is not otherwise disqualified
from renewing the card, is a Class A misdemeanor.
(b) Except as provided in subsection (a) with respect to
an expired card, a violation of paragraph (1) of subsection
(a) of Section 2 is a Class A misdemeanor when the person
does not possess a currently valid Firearm Owner's
Identification Card, but is otherwise eligible under this
Act. A second or subsequent violation is a Class 4 felony.
(c) A violation of paragraph (1) of subsection (a) of
Section 2 is a Class 3 felony when:
(1) the person's Firearm Owner's Identification
Card is revoked or subject to revocation under Section 8;
or
(2) the person's Firearm Owner's Identification
Card is expired and not otherwise eligible for renewal
under this Act; or
(3) the person does not possess a currently valid
Firearm Owner's Identification Card, and the person is
not otherwise eligible under this Act.
(d) A violation of subsection (a) of Section 3 is a
Class 4 felony. A third or subsequent conviction is a Class 1
felony.
(d-5) Any person who knowingly enters false information
on an application for a Firearm Owner's Identification Card,
who knowingly gives a false answer to any question on the
application, or who knowingly submits false evidence in
connection with an application is guilty of a Class 2 felony.
(e) Except as provided by Section 6.1 of this Act, any
other violation of this Act is a Class A misdemeanor.
(Source: P.A. 91-694, eff. 4-13-00; 92-414, eff. 1-1-02;
92-442, eff. 8-17-01; revised 10-11-01.)
Section 74. The Humane Care for Animals Act is amended
by changing Sections 4.01, 4.02, and 16 as follows:
(510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
Sec. 4.01. Prohibitions.
(a) No person may own, capture, breed, train, or lease
any animal which he or she knows is intended for use in any
show, exhibition, program, or other activity featuring or
otherwise involving a fight between such animal and any other
animal or human, or the intentional killing of any animal for
the purpose of sport, wagering, or entertainment.
(b) No person shall promote, conduct, carry on,
advertise, collect money for or in any other manner assist
or aid in the presentation for purposes of sport, wagering,
or entertainment, any show, exhibition, program, or other
activity involving a fight between 2 or more animals or any
animal and human, or the intentional killing of any animal.
(c) No person shall sell or offer for sale, ship,
transport, or otherwise move, or deliver or receive any
animal which he or she knows has been captured, bred, or
trained, or will be used, to fight another animal or human or
be intentionally killed, for the purpose of sport, wagering,
or entertainment.
(d) No person shall manufacture for sale, shipment,
transportation or delivery any device or equipment which that
person knows or should know is intended for use in any show,
exhibition, program, or other activity featuring or otherwise
involving a fight between 2 or more animals, or any human and
animal, or the intentional killing of any animal for purposes
of sport, wagering or entertainment.
(e) No person shall own, possess, sell or offer for
sale, ship, transport, or otherwise move any equipment or
device which such person knows or should know is intended for
use in connection with any show, exhibition, program, or
activity featuring or otherwise involving a fight between 2
or more animals, or any animal and human, or the intentional
killing of any animal for purposes of sport, wagering or
entertainment.
(f) No person shall make available any site, structure,
or facility, whether enclosed or not, which he or she knows
is intended to be used for the purpose of conducting any
show, exhibition, program, or other activity involving a
fight between 2 or more animals, or any animal and human, or
the intentional killing of any animal or knowingly
manufacture, distribute, or deliver fittings to be used in a
fight between 2 or more dogs or a dog and a human.
(g) No person shall attend or otherwise patronize any
show, exhibition, program, or other activity featuring or
otherwise involving a fight between 2 or more animals, or any
animal and human, or the intentional killing of any animal
for the purposes of sport, wagering or entertainment.
(h) No person shall tie or attach or fasten any live
animal to any machine or device propelled by any power for
the purpose of causing such animal to be pursued by a dog or
dogs. This subsection (h) shall apply only when such dog is
intended to be used in a dog fight.
(i) Any animals or equipment involved in a violation of
this Section shall be immediately seized and impounded under
Section 12 by the Department when located at any show,
exhibition, program, or other activity featuring or otherwise
involving an animal fight for the purposes of sport,
wagering, or entertainment.
(j) Any vehicle or conveyance other than a common
carrier that is used in violation of this Section shall be
seized, held, and offered for sale at public auction by the
sheriff's department of the proper jurisdiction, and the
proceeds from the sale shall be remitted to the general fund
of the county where the violation took place.
(k) Any veterinarian in this State who is presented with
an animal for treatment of injuries or wounds resulting from
fighting where there is a reasonable possibility that the
animal was engaged in or utilized for a fighting event for
the purposes of sport, wagering, or entertainment shall file
a report with the Department and cooperate by furnishing the
owners' names, dates, and descriptions of the animal or
animals involved. Any veterinarian who in good faith complies
with the requirements of this subsection has immunity from
any liability, civil, criminal, or otherwise, that may result
from his or her actions. For the purposes of any
proceedings, civil or criminal, the good faith of the
veterinarian shall be rebuttably presumed.
(l) No person shall conspire or solicit a minor to
violate this Section.
(Source: P.A. 92-425, eff. 1-1-02; 92-454, eff. 1-1-02;
revised 10-11-01.)
(510 ILCS 70/4.02) (from Ch. 8, par. 704.02)
Sec. 4.02. Arrests; reports.
(a) Any law enforcement officer making an arrest for an
offense involving one or more animals under Section 4.01 of
this Act shall lawfully take possession of all animals and
all paraphernalia, implements, or other property or things
used or employed, or about to be employed, in the violation
of any of the provisions of Section 4.01 of this Act. When a
law enforcement officer has taken possession of such animals,
paraphernalia, implements or other property or things, he or
she shall file with the court before whom the complaint is
made against any person so arrested an affidavit stating
therein the name of the person charged in the complaint, a
description of the property so taken and the time and place
of the taking thereof together with the name of the person
from whom the same was taken and name of the person who
claims to own such property, if different from the person
from whom the dogs were seized and if known, and that the
affiant has reason to believe and does believe, stating the
ground of the belief, that the dogs and property so taken
were used or employed, or were about to be used or employed,
in a violation of Section 4.01 of this Act. He or she shall
thereupon deliver an inventory of the property so taken to
the court of competent jurisdiction. A law enforcement
officer may humanely euthanize dogs that are severely
injured.
An owner whose dogs are removed for a violation of
Section 4.01 of this Act must be given written notice of the
circumstances of the removal and of any legal remedies
available to him or her. The notice must be posted at the
place of seizure or delivered to a person residing at the
place of seizure or, if the address of the owner is different
from the address of the person from whom the dogs were
seized, delivered by registered mail to his or her last known
address.
The animal control or animal shelter having custody of
the dogs may file a petition with the court requesting that
the person from whom the dogs were seized or the owner of the
dogs be ordered to post security pursuant to Section 3.05 of
this Act.
Upon the conviction of the person so charged, all dogs
shall be adopted or humanely euthanized and property so
seized shall be adjudged by the court to be forfeited. Any
outstanding costs incurred by the impounding facility in
boarding and treating the dogs pending the disposition of the
case and disposing of the dogs upon a conviction must be
borne by the person convicted. In no event may the dogs be
adopted by the defendant or anyone residing in his or her
household. If the court finds that the State either failed to
prove the criminal allegations or that the dogs were used in
fighting, the court must direct the delivery of the dogs and
the other property not previously forfeited to the owner of
the dogs and property.
Any person authorized by this Section to care for a dog,
to treat a dog, or to attempt to restore a dog to good health
and who is acting in good faith is immune from any civil or
criminal liability that may result from his or her actions.
An animal control warden, animal control administrator,
animal shelter employee, or approved humane investigator may
humanely euthanize severely injured, diseased, or suffering
dog in exigent circumstances.
(b) Any veterinarian in this State who is presented with
an animal for treatment of injuries or wounds resulting from
fighting where there is a reasonable possibility that the
animal was engaged in or utilized for a fighting event shall
file a report with the Department and cooperate by furnishing
the owners' names, date of receipt of the animal or animals
and treatment administered, and descriptions of the animal or
animals involved. Any veterinarian who in good faith makes a
report, as required by this subsection (b), is immune from
any liability, civil, criminal, or otherwise, resulting from
his or her actions. For the purposes of any proceedings,
civil or criminal, the good faith of any such veterinarian
shall be presumed.
(Source: P.A. 92-425, eff. 1-1-02; 92-454, eff. 1-1-02;
revised 10-11-01.)
(510 ILCS 70/16) (from Ch. 8, par. 716)
Sec. 16. Violations; punishment; injunctions.
(a) Any person convicted of violating subsection (l) of
Section 4.01 or Sections 5, 5.01, or 6 of this Act or any
rule, regulation, or order of the Department pursuant
thereto, is guilty of a Class A misdemeanor. A second or
subsequent violation of Section 5, 5.01, or 6 is a Class 4
felony.
(b)(1) This subsection (b) does not apply where the
only animals involved in the violation are dogs.
(2) Any person convicted of violating subsection
(a), (b), (c) or (h) of Section 4.01 of this Act or any
rule, regulation, or order of the Department pursuant
thereto, is guilty of a Class A misdemeanor.
(3) A second or subsequent offense involving the
violation of subsection (a), (b) or (c) of Section 4.01
of this Act or any rule, regulation, or order of the
Department pursuant thereto is a Class 4 felony.
(4) Any person convicted of violating subsection
(d), (e) or (f) of Section 4.01 of this Act or any rule,
regulation, or order of the Department pursuant thereto,
is guilty of a Class A misdemeanor. A second or
subsequent violation is a Class 4 felony.
(5) Any person convicted of violating subsection
(g) of Section 4.01 of this Act or any rule, regulation,
or order of the Department pursuant thereto is guilty of
a Class C misdemeanor.
(c)(1) This subsection (c) applies exclusively
where the only animals involved in the violation are
dogs.
(2) Any person convicted of violating subsection
(a), (b) or (c) of Section 4.01 of this Act or any rule,
regulation or order of the Department pursuant thereto is
guilty of a Class 4 felony and may be fined an amount not
to exceed $50,000. A person who knowingly owns a dog for
fighting purposes or for producing a fight between 2 or
more dogs or a dog and human or who knowingly offers for
sale or sells a dog bred for fighting is guilty of a
Class 3 felony if any of the following factors is
present:
(i) the dogfight is performed in the presence
of a person under 18 years of age;
(ii) the dogfight is performed for the purpose
of or in the presence of illegal wagering activity;
or
(iii) the dogfight is performed in furtherance
of streetgang related activity as defined in Section
10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(3) Any person convicted of violating subsection
(d) or (e) of Section 4.01 of this Act or any rule,
regulation or order of the Department pursuant thereto is
guilty of Class A misdemeanor.
(3.5) Any person convicted of violating subsection
(f) of Section 4.01 is guilty of a Class 4 felony.
(4) Any person convicted of violating subsection
(g) of Section 4.01 of this Act or any rule, regulation
or order of the Department pursuant thereto is guilty of
a Class C misdemeanor.
(5) A second or subsequent violation of subsection
(a), (b) or (c) of Section 4.01 of this Act or any rule,
regulation or order of the Department pursuant thereto is
a Class 3 felony. A second or subsequent violation of
subsection (d) or (e) of Section 4.01 of this Act or any
rule, regulation or order of the Department adopted
pursuant thereto is a Class 3 felony, if in each
violation the person knew or should have known that the
device or equipment under subsection (d) or (e) of that
Section was to be used to carry out a violation where the
only animals involved were dogs. Where such person did
not know or should not reasonably have been expected to
know that the only animals involved in the violation were
dogs, a second or subsequent violation of subsection (d)
or (e) of Section 4.01 of this Act or any rule,
regulation or order of the Department adopted pursuant
thereto is a Class A misdemeanor. A second or subsequent
violation of subsection (g) is a Class B misdemeanor.
(6) Any person convicted of violating Section 3.01
of this Act is guilty of a Class A misdemeanor. A second
or subsequent conviction for a violation of Section 3.01
is a Class 4 felony.
(7) Any person convicted of violating Section 4.03
is guilty of a Class A misdemeanor. A second or
subsequent violation is a Class 4 felony.
(8) Any person convicted of violating Section 4.04
is guilty of a Class A misdemeanor where the animal is
not killed or totally disabled, but if the animal is
killed or totally disabled such person shall be guilty of
a Class 4 felony.
(8.5) A person convicted of violating subsection
(a) of Section 7.15 is guilty of a Class A misdemeanor.
A person convicted of violating subsection (b) or (c) of
Section 7.15 is (i) guilty of a Class A misdemeanor if
the dog is not killed or totally disabled and (ii) if the
dog is killed or totally disabled, guilty of a Class 4
felony and may be ordered by the court to make
restitution to the disabled person having custody or
ownership of the dog for veterinary bills and replacement
costs of the dog. A second or subsequent violation is a
Class 4 felony.
(9) Any person convicted of any other act of abuse
or neglect or of violating any other provision of this
Act, or any rule, regulation, or order of the Department
pursuant thereto, is guilty of a Class B misdemeanor. A
second or subsequent violation is a Class 4 felony with
every day that a violation continues constituting a
separate offense.
(d) Any person convicted of violating Section 7.1 is
guilty of a Class C misdemeanor. A second or subsequent
conviction for a violation of Section 7.1 is a Class B
misdemeanor.
(e) Any person convicted of violating Section 3.02 is
guilty of a Class 4 felony. A second or subsequent violation
is a Class 3 felony.
(f) The Department may enjoin a person from a continuing
violation of this Act.
(g) Any person convicted of violating Section 3.03 is
guilty of a Class 3 felony. As a condition of the sentence
imposed under this Section, the court shall order the
offender to undergo a psychological or psychiatric evaluation
and to undergo treatment that the court determines to be
appropriate after due consideration of the evaluation.
(h) In addition to any other penalty provided by law,
upon a conviction for violating Sections 3, 3.01, 3.02, or
3.03 the court may order the convicted person to undergo a
psychological or psychiatric evaluation and to undergo any
treatment at the convicted person's expense that the court
determines to be appropriate after due consideration of the
evaluation. If the convicted person is a juvenile or a
companion animal hoarder, the court must order the convicted
person to undergo a psychological or psychiatric evaluation
and to undergo treatment that the court determines to be
appropriate after due consideration of the evaluation.
(i) In addition to any other penalty provided by law,
upon conviction for violating Sections 3, 3.01, 3.02, or 3.03
the court may order the convicted person to forfeit to an
animal control or animal shelter the animal or animals that
are the basis of the conviction. Upon an order of
forfeiture, the convicted person is deemed to have
permanently relinquished all rights to the animal or animals
that are the basis of the conviction. The forfeited animal
or animals shall be adopted or humanely euthanized. In no
event may the convicted person or anyone residing in his or
her household be permitted to adopt the forfeited animal or
animals. The court, additionally, may order that the
convicted person and persons dwelling in the same household
as the convicted person who conspired, aided, or abetted in
the unlawful act that was the basis of the conviction, or who
knew or should have known of the unlawful act, may not own,
harbor, or have custody or control of any other animals for a
period of time that the court deems reasonable.
(Source: P.A. 91-291, eff. 1-1-00; 91-351, eff. 7-29-99;
91-357, eff. 7-29-99; 92-16, eff. 6-28-01; 92-425, eff.
1-1-02; 92-454, eff. 1-1-02; revised 10-11-01.)
Section 75. The Fish and Aquatic Life Code is amended by
changing Section 20-35 as follows:
(515 ILCS 5/20-35) (from Ch. 56, par. 20-35)
(Text of Section before amendment by P.A. 92-513)
Sec. 20-35. Offenses. Except as prescribed in Section
5-25 and unless otherwise provided in this Code, any person
who is found guilty of violating any of the provisions of
this Code, including administrative rules, is guilty of a
petty offense.
Any person who violates any of the provisions of Section
5-20, 10-5, 10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-50,
10-60, 10-70, 10-75, 10-95, 10-115, 10-135, 15-5, 15-10,
15-15, 15-20, 15-30, 15-32, 15-40, 15-45, 15-55, 15-60,
15-65, 15-75, 15-80, 15-85, 15-90, 15-95, 15-100, 15-105,
15-110, 15-115, 15-120, 15-130, 15-140, 20-70, 20-75, 20-80,
20-85, 25-10, 25-15, or 25-20 of this Code, including
administrative rules relating to those Sections, is guilty of
a Class B misdemeanor.
Any person who violates any of the provisions of Section
1-200, 1-205, 10-55, 10-80, 15-35, or 20-120 of this Code,
including administrative rules relating to those Sections, is
guilty of a Class A misdemeanor.
Any person who violates any of the provisions of this
Code, including administrative rules, during the 5 years
following the revocation of his or her license, permit, or
privileges under Section 20-105 is guilty of a Class A
misdemeanor.
Any person who violates Section 5-25 of this Code,
including administrative rules, is guilty of a Class 3
felony.
Offenses committed by minors under the direct control or
with the consent of a parent or guardian may subject the
parent or guardian to the penalties prescribed in this
Section or as otherwise provided in this Code.
In addition to any fines imposed under this Section, or
as otherwise provided in this Code, any person found guilty
of unlawfully taking or possessing any aquatic life protected
by this Code shall be assessed a civil penalty for that
aquatic life in accordance with the values prescribed in
Section 5-25 of this Code. This civil penalty shall be
imposed at the time of the conviction by the Circuit Court
for the county where the offense was committed. All
penalties provided for in this Section shall be remitted to
the Department in accordance with the provisions of Section
1-180 of this Code.
(Source: P.A. 92-385, eff. 8-16-01.)
(Text of Section after amendment by P.A. 92-513)
Sec. 20-35. Offenses.
(a) Except as prescribed in Section 5-25 and unless
otherwise provided in this Code, any person who is found
guilty of violating any of the provisions of this Code,
including administrative rules, is guilty of a petty offense.
Any person who violates any of the provisions of Section
5-20, 10-5, 10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-50,
10-60, 10-70, 10-75, 10-95, 10-115, 10-135, 15-5, 15-10,
15-15, 15-20, 15-30, 15-32, 15-40, 15-45, 15-55, 15-60,
15-65, 15-75, 15-80, 15-85, 15-90, 15-95, 15-100, 15-105,
15-110, 15-115, 15-120, 15-130, 15-140, 20-70, 20-75, 20-80,
20-85, 25-10, 25-15, or 25-20 of this Code, including
administrative rules relating to those Sections, is guilty of
a Class B misdemeanor.
Any person who violates any of the provisions of Section
1-200, 1-205, 10-55, 10-80, 15-35, or 20-120 of this Code,
including administrative rules relating to those Sections, is
guilty of a Class A misdemeanor.
Any person who violates any of the provisions of this
Code, including administrative rules, during the 5 years
following the revocation of his or her license, permit, or
privileges under Section 20-105 is guilty of a Class A
misdemeanor.
Any person who violates Section 5-25 of this Code,
including administrative rules, is guilty of a Class 3
felony.
(b)(1) It is unlawful for any person to take or attempt
to take aquatic life from any aquatic life farm except with
the consent of the owner of the aquatic life farm. Any
person possessing fishing tackle on the premises of an
aquatic life farm is presumed to be fishing. The presumption
may be rebutted by clear and convincing evidence. All
fishing tackle, apparatus, and vehicles used in the violation
of this subsection (b) shall be confiscated by the arresting
officer. Except as otherwise provided in this subsection,
the seizure and confiscation procedures set forth in Section
1-215 of this Code shall apply. If the confiscated property
is determined by the circuit court to have been used in the
violation of this subsection (b), the confiscated property
shall be sold at public auction by the county sheriff of the
county where the violation occurred. The proceeds of the
sale shall be deposited in the county general fund; provided
that the auction may be stayed by an appropriate court order.
(2) A violation of paragraph (1) of this subsection (b)
is a Class A misdemeanor for a first offense and a Class 4
felony for a second or subsequent offense.
(c)(1) It is unlawful for any person to trespass or fish
on an aquatic life farm located on a strip mine lake or other
body of water used for aquatic life farming operations, or
within a 200 foot buffer zone surrounding cages or netpens
that are clearly delineated by buoys of a posted aquatic life
farm, by swimming, scuba diving, or snorkeling in, around, or
under the aquatic life farm or by operating a watercraft
over, around, or in the aquatic life farm without the consent
of the owner of the aquatic life farm.
(2) A violation of paragraph (1) of this subsection (c)
is a Class B misdemeanor for a first offense and a Class A
misdemeanor for a second or subsequent offense. All fishing
tackle, apparatus, and watercraft used in a second or
subsequent violation of this subsection (c) shall be
confiscated by the arresting officer. Except as otherwise
provided in this subsection, the seizure and confiscation
procedures set forth in Section 1-215 of this Code shall
apply. If the confiscated property is determined by the
circuit court to have been used in a violation of this
subsection (c), the confiscated property shall be sold at
public auction by the county sheriff of the county where the
violation occurred. The proceeds of the sale shall be
deposited in the county general fund; provided that the
auction may be stayed by an appropriate court order.
(d) Offenses committed by minors under the direct
control or with the consent of a parent or guardian may
subject the parent or guardian to the penalties prescribed in
this Section or as otherwise provided in this Code.
(e) In addition to any fines imposed under this Section,
or as otherwise provided in this Code, any person found
guilty of unlawfully taking or possessing any aquatic life
protected by this Code shall be assessed a civil penalty for
that aquatic life in accordance with the values prescribed in
Section 5-25 of this Code. This civil penalty shall be
imposed at the time of the conviction by the Circuit Court
for the county where the offense was committed. Except as
otherwise provided for in subsections (b) and (c) of this
Section, all penalties provided for in this Section shall be
remitted to the Department in accordance with the provisions
of Section 1-180 of this Code.
(Source: P.A. 92-385, eff. 8-16-01; 92-513, eff. 6-1-02;
revised 1-7-02.)
Section 76. The Wildlife Code is amended by changing
Sections 2.26 and 2.33 as follows:
(520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
Sec. 2.26. Deer hunting permits. In this Section, "bona
fide equity shareholder" means an individual who (1)
purchased, for market price, publicly sold stock shares in a
corporation, purchased shares of a privately-held corporation
for a value equal to the percentage of the appraised value of
the corporate assets represented by the ownership in the
corporation, or is a member of a closely-held family-owned
corporation and has purchased or been gifted with shares of
stock in the corporation accurately reflecting his or her
percentage of ownership and (2) intends to retain the
ownership of the shares of stock for at least 5 years.
In this Section, "bona fide equity member" means an
individual who (1) (i) became a member upon the formation of
the limited liability company or (ii) has purchased a
distributional interest in a limited liability company for a
value equal to the percentage of the appraised value of the
LLC assets represented by the distributional interest in the
LLC and subsequently becomes a member of the company pursuant
to Article 30 of the Limited Liability Company Act and who
(2) intends to retain the membership for at least 5 years.
Any person attempting to take deer shall first obtain a
"Deer Hunting Permit" in accordance with prescribed
regulations set forth in an Administrative Rule. Deer
Hunting Permits shall be issued by the Department. The fee
for a Deer Hunting Permit to take deer with either bow and
arrow or gun shall not exceed $15.00 for residents of the
State. The Department may by administrative rule provide for
non-resident deer hunting permits for which the fee will not
exceed $200 except as provided below for non-resident
landowners and non-resident archery hunters. The Department
may by administrative rule provide for a non-resident archery
deer permit consisting of not more than 2 harvest tags at a
total cost not to exceed $225. Permits shall be issued
without charge to:
(a) Illinois landowners residing in Illinois who
own at least 40 acres of Illinois land and wish to hunt
their land only,
(b) resident tenants of at least 40 acres of
commercial agricultural land where they will hunt, and
(c) Bona fide equity shareholders of a corporation
or bona fide equity members of a limited liability
company which owns at least 40 acres of land in a county
in Illinois who wish to hunt on the corporation's or
company's land only. One permit shall be issued without
charge to one bona fide equity shareholder or one bona
fide equity member for each 40 acres of land owned by the
corporation or company in a county; however, the number
of permits issued without charge to bona fide equity
shareholders of any corporation or bona fide equity
members of a limited liability company in any county
shall not exceed 15.
Bona fide landowners or tenants who do not wish to hunt
only on the land they own, rent or lease or bona fide equity
shareholders or bona fide equity members who do not wish to
hunt only on the land owned by the corporation or limited
liability company shall be charged the same fee as the
applicant who is not a landowner, tenant, bona fide equity
shareholder, or bona fide equity member. Nonresidents of
Illinois who own at least 40 acres of land and wish to hunt
on their land only shall be charged a fee set by
administrative rule. The method for obtaining these permits
shall be prescribed by administrative rule.
The deer hunting permit issued without fee shall be valid
on all farm lands which the person to whom it is issued owns,
leases or rents, except that in the case of a permit issued
to a bona fide equity shareholder or bona fide equity member,
the permit shall be valid on all lands owned by the
corporation or limited liability company in the county.
The standards and specifications for use of guns and bow
and arrow for deer hunting shall be established by
administrative rule.
No person may have in his possession any firearm not
authorized by administrative rule for a specific hunting
season when taking deer.
Persons having a firearm deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to sunset, and only during those days for
which an open season is established for the taking of deer by
use of shotgun or muzzle loading rifle.
Persons having an archery deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to 1/2 hour after sunset, and only during
those days for which an open season is established for the
taking of deer by use of bow and arrow.
It shall be unlawful for any person to take deer by use
of dogs, horses, automobiles, aircraft or other vehicles, or
by the use of salt or bait of any kind. An area is
considered as baited during the presence of and for 10
consecutive days following the removal of bait.
It shall be unlawful to possess or transport any wild
deer which has been injured or killed in any manner upon a
public highway or public right-of-way of this State unless
exempted by administrative rule.
Persons hunting deer must have gun unloaded and no bow
and arrow device shall be carried with the arrow in the
nocked position during hours when deer hunting is unlawful.
It shall be unlawful for any person, having taken the
legal limit of deer by gun, to further participate with gun
in any deer hunting party.
It shall be unlawful for any person, having taken the
legal limit of deer by bow and arrow, to further participate
with bow and arrow in any deer hunting party.
The Department may prohibit upland game hunting during
the gun deer season by administrative rule.
It shall be legal for handicapped persons, as defined in
Section 2.33, to utilize a crossbow device, as defined in
Department rules, to take deer.
Any person who violates any of the provisions of this
Section, including administrative rules, shall be guilty of a
Class B misdemeanor.
(Source: P.A. 92-177, eff. 7-27-01; 92-261, eff. 8-7-01;
revised 9-19-01.)
(520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
Sec. 2.33. Prohibitions.
(a) It is unlawful to carry or possess any gun in any
State refuge unless otherwise permitted by administrative
rule.
(b) It is unlawful to use or possess any snare or
snare-like device, deadfall, net, or pit trap to take any
species, except that snares not powered by springs or other
mechanical devices may be used to trap fur-bearing mammals,
in water sets only, if at least one-half of the snare noose
is located underwater at all times.
(c) It is unlawful for any person at any time to take a
wild mammal protected by this Act from its den by means of
any mechanical device, spade, or digging device or to use
smoke or other gases to dislodge or remove such mammal except
as provided in Section 2.37.
(d) It is unlawful to use a ferret or any other small
mammal which is used in the same or similar manner for which
ferrets are used for the purpose of frightening or driving
any mammals from their dens or hiding places.
(e) (Blank).
(f) It is unlawful to use spears, gigs, hooks or any
like device to take any species protected by this Act.
(g) It is unlawful to use poisons, chemicals or
explosives for the purpose of taking any species protected by
this Act.
(h) It is unlawful to hunt adjacent to or near any peat,
grass, brush or other inflammable substance when it is
burning.
(i) It is unlawful to take, pursue or intentionally
harass or disturb in any manner any wild birds or mammals by
use or aid of any vehicle or conveyance, except as permitted
by the Code of Federal Regulations for the taking of
waterfowl. It is also unlawful to use the lights of any
vehicle or conveyance or any light from or any light
connected to the such vehicle or conveyance in any area where
wildlife may be found except in accordance with Section 2.37
of this Act;, however, nothing in this Section shall prohibit
the normal use of headlamps for the purpose of driving upon a
roadway. and except that Striped skunk, opossum, red fox,
gray fox, raccoon and coyote may be taken during the open
season by use of a small light which is worn on the body or
hand-held by a person on foot and not in any vehicle.
(j) It is unlawful to use any shotgun larger than 10
gauge while taking or attempting to take any of the species
protected by this Act.
(k) It is unlawful to use or possess in the field any
shotgun shell loaded with a shot size larger than lead BB or
steel T (.20 diameter) when taking or attempting to take any
species of wild game mammals (excluding white-tailed deer),
wild game birds, migratory waterfowl or migratory game birds
protected by this Act, except white-tailed deer as provided
for in Section 2.26 and other species as provided for by
subsection (l) or administrative rule.
(l) It is unlawful to take any species of wild game,
except white-tailed deer, with a shotgun loaded with slugs
unless otherwise provided for by administrative rule.
(m) It is unlawful to use any shotgun capable of holding
more than 3 shells in the magazine or chamber combined,
except on game breeding and hunting preserve areas licensed
under Section 3.27 and except as permitted by the Code of
Federal Regulations for the taking of waterfowl. If the
shotgun is capable of holding more than 3 shells, it shall,
while being used on an area other than a game breeding and
shooting preserve area licensed pursuant to Section 3.27, be
fitted with a one piece plug that is irremovable without
dismantling the shotgun or otherwise altered to render it
incapable of holding more than 3 shells in the magazine and
chamber, combined.
(n) It is unlawful for any person, except persons who
possess a permit to hunt from a vehicle as provided in this
Section and persons otherwise permitted by law, to have or
carry any gun in or on any vehicle, conveyance or aircraft,
unless such gun is unloaded and enclosed in a case, except
that at field trials authorized by Section 2.34 of this Act,
unloaded guns or guns loaded with blank cartridges only, may
be carried on horseback while not contained in a case, or to
have or carry any bow or arrow device in or on any vehicle
unless such bow or arrow device is unstrung or enclosed in a
case, or otherwise made inoperable.
(o) It is unlawful to use any crossbow for the purpose
of taking any wild birds or mammals, except as provided for
in Section 2.33.
(p) It is unlawful to take game birds, migratory game
birds or migratory waterfowl with a rifle, pistol, revolver
or airgun.
(q) It is unlawful to fire a rifle, pistol, revolver or
airgun on, over or into any waters of this State, including
frozen waters.
(r) It is unlawful to discharge any gun or bow and arrow
device along, upon, across, or from any public right-of-way
or highway in this State.
(s) It is unlawful to use a silencer or other device to
muffle or mute the sound of the explosion or report resulting
from the firing of any gun.
(t) It is unlawful for any person to trap or hunt, or
allow a dog to hunt, within or upon the land of another, or
upon waters flowing over or standing on the land of another,
without first obtaining permission from the owner or tenant.
It shall be prima facie evidence that a person does not have
permission of the owner or tenant if the person is unable to
demonstrate to the law enforcement officer in the field that
permission had been obtained. This provision may only be
rebutted by testimony of the owner or tenant that permission
had been given. Before enforcing this Section the law
enforcement officer must have received notice from the owner
or tenant of a violation of this Section. Statements made to
the law enforcement officer regarding this notice shall not
be rendered inadmissible by the hearsay rule when offered for
the purpose of showing the required notice.
(u) It is unlawful for any person to discharge any
firearm for the purpose of taking any of the species
protected by this Act, or hunt with gun or dog, or allow a
dog to hunt, within 300 yards of an inhabited dwelling
without first obtaining permission from the owner or tenant,
except that while trapping, hunting with bow and arrow,
hunting with dog and shotgun using shot shells only, or
hunting with shotgun using shot shells only, or on licensed
game breeding and hunting preserve areas, as defined in
Section 3.27, on property operated under a Migratory
Waterfowl Hunting Area Permit, on federally owned and managed
lands and on Department owned, managed, leased or controlled
lands, a 100 yard restriction shall apply.
(v) It is unlawful for any person to remove fur-bearing
mammals from, or to move or disturb in any manner, the traps
owned by another person without written authorization of the
owner to do so.
(w) It is unlawful for any owner of a dog to knowingly
or wantonly allow his or her dog to pursue, harass or kill
deer.
(x) It is unlawful for any person to wantonly or
carelessly injure or destroy, in any manner whatsoever, any
real or personal property on the land of another while
engaged in hunting or trapping thereon.
(y) It is unlawful to hunt wild game protected by this
Act between one half hour after sunset and one half hour
before sunrise, except that hunting hours between one half
hour after sunset and one half hour before sunrise may be
established by administrative rule for fur-bearing mammals.
(z) It is unlawful to take any game bird (excluding wild
turkeys and crippled pheasants not capable of normal flight
and otherwise irretrievable) protected by this Act when not
flying. Nothing in this Section shall prohibit a person from
carrying an uncased, unloaded shotgun in a boat, while in
pursuit of a crippled migratory waterfowl that is incapable
of normal flight, for the purpose of attempting to reduce the
migratory waterfowl to possession, provided that the attempt
is made immediately upon downing the migratory waterfowl and
is done within 400 yards of the blind from which the
migratory waterfowl was downed. This exception shall apply
only to migratory game birds that are not capable of normal
flight. Migratory waterfowl that are crippled may be taken
only with a shotgun as regulated by subsection (j) of this
Section using shotgun shells as regulated in subsection (k)
of this Section.
(aa) It is unlawful to use or possess any device that
may be used for tree climbing or cutting, while hunting
fur-bearing mammals.
(bb) It is unlawful for any person, except licensed game
breeders, pursuant to Section 2.29 to import, carry into, or
possess alive in this State, any species of wildlife taken
outside of this State, without obtaining permission to do so
from the Director.
(cc) It is unlawful for any person to have in his or her
their possession any freshly killed species protected by this
Act during the season closed for taking.
(dd) It is unlawful to take any species protected by
this Act and retain it alive.
(ee) It is unlawful to possess any rifle while in the
field during gun deer season except as provided in Section
2.26 and administrative rules.
(ff) It is unlawful for any person to take any species
protected by this Act, except migratory waterfowl, during the
gun deer hunting season in those counties open to gun deer
hunting, unless he or she wears, when in the field, a cap and
upper outer garment of a solid blaze orange color, with such
articles of clothing displaying a minimum of 400 square
inches of blaze orange material.
(gg) It is unlawful during the upland game season for
any person to take upland game with a firearm unless he or
she wears, while in the field, a cap of solid blaze orange
color. For purposes of this Act, upland game is defined as
Bobwhite Quail, Hungarian Partridge, Ring-necked Pheasant,
Eastern Cottontail and Swamp Rabbit.
(hh) It shall be unlawful to kill or cripple any species
protected by this Act for which there is a daily bag limit
without making a reasonable effort to retrieve such species
and include such in the daily bag limit.
(ii) This Section shall apply only to those species
protected by this Act taken within the State. Any species or
any parts thereof, legally taken in and transported from
other states or countries, may be possessed within the State,
except as provided in this Section and Sections 2.35, 2.36
and 3.21.
(jj) Nothing contained in this Section shall prohibit
the use of bow and arrow, or prevent the Director from
issuing permits to use a crossbow to handicapped persons as
provided by administrative rule. As used herein,
"handicapped persons" means those persons who have a
permanent physical impairment due to injury or disease,
congenital or acquired, which renders them so severely
disabled as to be unable to use a conventional bow and arrow
device. Permits will be issued only after the receipt of a
physician's statement confirming the applicant is handicapped
as defined above.
(kk) Nothing contained in this Section shall prohibit
the Director from issuing permits to paraplegics or to other
disabled persons who meet the requirements set forth in
administrative rule to shoot or hunt from a vehicle as
provided by that rule, provided that such is otherwise in
accord with this Act.
(ll) Nothing contained in this Act shall prohibit the
taking of aquatic life protected by the Fish and Aquatic Life
Code or birds and mammals protected by this Act, except deer
and fur-bearing mammals, from a boat not camouflaged or
disguised to alter its identity or to further provide a place
of concealment and not propelled by sail or mechanical power.
However, only shotguns not larger than 10 gauge nor smaller
than .410 bore loaded with not more than 3 shells of a shot
size no larger than lead BB or steel T (.20 diameter) may be
used to take species protected by this Act.
(mm) Nothing contained in this Act shall prohibit the
use of a shotgun, not larger than 10 gauge nor smaller than a
20 gauge, with a rifled barrel.
(Source: P.A. 91-654, eff. 12-15-99; 92-325, eff. 8-9-01;
revised 10-15-01.)
Section 77. The Illinois Vehicle Code is amended by
changing Sections 2-123, 3-112, 3-112.1, 3-302, 3-402,
3-405.1, 3-412, 3-616, 3-806.3, 6-205, 6-206, 6-208, 6-500,
7-501, 11-207, 11-501, 11-1201, 11-1201.1, 12-215, 18b-105,
and 18c-2108 and setting forth and renumbering multiple
versions of Section 3-648 as follows:
(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
Sec. 2-123. Sale and Distribution of Information.
(a) Except as otherwise provided in this Section, the
Secretary may make the driver's license, vehicle and title
registration lists, in part or in whole, and any statistical
information derived from these lists available to local
governments, elected state officials, state educational
institutions, and all other governmental units of the State
and Federal Government requesting them for governmental
purposes. The Secretary shall require any such applicant for
services to pay for the costs of furnishing such services and
the use of the equipment involved, and in addition is
empowered to establish prices and charges for the services so
furnished and for the use of the electronic equipment
utilized.
(b) The Secretary is further empowered to and he may, in
his discretion, furnish to any applicant, other than listed
in subsection (a) of this Section, vehicle or driver data on
a computer tape, disk, other electronic format or computer
processable medium, or printout at a fixed fee of $250 in
advance and require in addition a further sufficient deposit
based upon the Secretary of State's estimate of the total
cost of the information requested and a charge of $25 per
1,000 units or part thereof identified or the actual cost,
whichever is greater. The Secretary is authorized to refund
any difference between the additional deposit and the actual
cost of the request. This service shall not be in lieu of an
abstract of a driver's record nor of a title or registration
search. This service may be limited to entities purchasing a
minimum number of records as required by administrative rule.
The information sold pursuant to this subsection shall be the
entire vehicle or driver data list, or part thereof. The
information sold pursuant to this subsection shall not
contain personally identifying information unless the
information is to be used for one of the purposes identified
in subsection (f-5) of this Section. Commercial purchasers
of driver and vehicle record databases shall enter into a
written agreement with the Secretary of State that includes
disclosure of the commercial use of the information to be
purchased.
(c) Secretary of State may issue registration lists.
The Secretary of State shall compile and publish, at least
annually, a list of all registered vehicles. Each list of
registered vehicles shall be arranged serially according to
the registration numbers assigned to registered vehicles and
shall contain in addition the names and addresses of
registered owners and a brief description of each vehicle
including the serial or other identifying number thereof.
Such compilation may be in such form as in the discretion of
the Secretary of State may seem best for the purposes
intended.
(d) The Secretary of State shall furnish no more than 2
current available lists of such registrations to the sheriffs
of all counties and to the chiefs of police of all cities and
villages and towns of 2,000 population and over in this State
at no cost. Additional copies may be purchased by the
sheriffs or chiefs of police at the fee of $500 each or at
the cost of producing the list as determined by the Secretary
of State. Such lists are to be used for governmental
purposes only.
(e) (Blank).
(e-1) (Blank).
(f) The Secretary of State shall make a title or
registration search of the records of his office and a
written report on the same for any person, upon written
application of such person, accompanied by a fee of $5 for
each registration or title search. The written application
shall set forth the intended use of the requested
information. No fee shall be charged for a title or
registration search, or for the certification thereof
requested by a government agency. The report of the title or
registration search shall not contain personally identifying
information unless the request for a search was made for one
of the purposes identified in subsection (f-5) of this
Section.
The Secretary of State shall certify a title or
registration record upon written request. The fee for
certification shall be $5 in addition to the fee required for
a title or registration search. Certification shall be made
under the signature of the Secretary of State and shall be
authenticated by Seal of the Secretary of State.
The Secretary of State may notify the vehicle owner or
registrant of the request for purchase of his title or
registration information as the Secretary deems appropriate.
No information shall be released to the requestor until
expiration of a 10 day period. This 10 day period shall not
apply to requests for information made by law enforcement
officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated
businesses, persons licensed as a private detective or firms
licensed as a private detective agency under the Private
Detective, Private Alarm, and Private Security Act of 1983,
who are employed by or are acting on behalf of law
enforcement officials, government agencies, financial
institutions, attorneys, insurers, employers, automobile
associated businesses, and other business entities for
purposes consistent with the Illinois Vehicle Code, the
vehicle owner or registrant or other entities as the
Secretary may exempt by rule and regulation.
Any misrepresentation made by a requestor of title or
vehicle information shall be punishable as a petty offense,
except in the case of persons licensed as a private detective
or firms licensed as a private detective agency which shall
be subject to disciplinary sanctions under Section 22 or 25
of the Private Detective, Private Alarm, and Private Security
Act of 1983.
(f-5) The Secretary of State shall not disclose or
otherwise make available to any person or entity any
personally identifying information obtained by the Secretary
of State in connection with a driver's license, vehicle, or
title registration record unless the information is disclosed
for one of the following purposes:
(1) For use by any government agency, including any
court or law enforcement agency, in carrying out its
functions, or any private person or entity acting on
behalf of a federal, State, or local agency in carrying
out its functions.
(2) For use in connection with matters of motor
vehicle or driver safety and theft; motor vehicle
emissions; motor vehicle product alterations, recalls, or
advisories; performance monitoring of motor vehicles,
motor vehicle parts, and dealers; and removal of
non-owner records from the original owner records of
motor vehicle manufacturers.
(3) For use in the normal course of business by a
legitimate business or its agents, employees, or
contractors, but only:
(A) to verify the accuracy of personal
information submitted by an individual to the
business or its agents, employees, or contractors;
and
(B) if such information as so submitted is not
correct or is no longer correct, to obtain the
correct information, but only for the purposes of
preventing fraud by, pursuing legal remedies
against, or recovering on a debt or security
interest against, the individual.
(4) For use in research activities and for use in
producing statistical reports, if the personally
identifying information is not published, redisclosed, or
used to contact individuals.
(5) For use in connection with any civil, criminal,
administrative, or arbitral proceeding in any federal,
State, or local court or agency or before any
self-regulatory body, including the service of process,
investigation in anticipation of litigation, and the
execution or enforcement of judgments and orders, or
pursuant to an order of a federal, State, or local court.
(6) For use by any insurer or insurance support
organization or by a self-insured entity or its agents,
employees, or contractors in connection with claims
investigation activities, antifraud activities, rating,
or underwriting.
(7) For use in providing notice to the owners of
towed or impounded vehicles.
(8) For use by any private investigative agency or
security service licensed in Illinois for any purpose
permitted under this subsection.
(9) For use by an employer or its agent or insurer
to obtain or verify information relating to a holder of a
commercial driver's license that is required under
chapter 313 of title 49 of the United States Code.
(10) For use in connection with the operation of
private toll transportation facilities.
(11) For use by any requester, if the requester
demonstrates it has obtained the written consent of the
individual to whom the information pertains.
(12) For use by members of the news media, as
defined in Section 1-148.5, for the purpose of
newsgathering when the request relates to the operation
of a motor vehicle or public safety.
(13) For any other use specifically authorized by
law, if that use is related to the operation of a motor
vehicle or public safety.
(g) 1. The Secretary of State may, upon receipt of a
written request and a fee of $6, furnish to the person or
agency so requesting a driver's record. Such document
may include a record of: current driver's license
issuance information, except that the information on
judicial driving permits shall be available only as
otherwise provided by this Code; convictions; orders
entered revoking, suspending or cancelling a driver's
license or privilege; and notations of accident
involvement. All other information, unless otherwise
permitted by this Code, shall remain confidential.
Information released pursuant to a request for a driver's
record shall not contain personally identifying
information, unless the request for the driver's record
was made for one of the purposes set forth in subsection
(f-5) of this Section.
2. The Secretary of State may certify an abstract
of a driver's record upon written request therefor.
Such certification shall be made under the signature of
the Secretary of State and shall be authenticated by the
Seal of his office.
3. All requests for driving record information
shall be made in a manner prescribed by the Secretary and
shall set forth the intended use of the requested
information.
The Secretary of State may notify the affected
driver of the request for purchase of his driver's record
as the Secretary deems appropriate.
No information shall be released to the requester
until expiration of a 10 day period. This 10 day period
shall not apply to requests for information made by law
enforcement officials, government agencies, financial
institutions, attorneys, insurers, employers, automobile
associated businesses, persons licensed as a private
detective or firms licensed as a private detective agency
under the Private Detective, Private Alarm, and Private
Security Act of 1983, who are employed by or are acting
on behalf of law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, and other
business entities for purposes consistent with the
Illinois Vehicle Code, the affected driver or other
entities as the Secretary may exempt by rule and
regulation.
Any misrepresentation made by a requestor of driver
information shall be punishable as a petty offense,
except in the case of persons licensed as a private
detective or firms licensed as a private detective agency
which shall be subject to disciplinary sanctions under
Section 22 or 25 of the Private Detective, Private Alarm,
and Private Security Act of 1983.
4. The Secretary of State may furnish without fee,
upon the written request of a law enforcement agency, any
information from a driver's record on file with the
Secretary of State when such information is required in
the enforcement of this Code or any other law relating to
the operation of motor vehicles, including records of
dispositions; documented information involving the use of
a motor vehicle; whether such individual has, or
previously had, a driver's license; and the address and
personal description as reflected on said driver's
record.
5. Except as otherwise provided in this Section,
the Secretary of State may furnish, without fee,
information from an individual driver's record on file,
if a written request therefor is submitted by any public
transit system or authority, public defender, law
enforcement agency, a state or federal agency, or an
Illinois local intergovernmental association, if the
request is for the purpose of a background check of
applicants for employment with the requesting agency, or
for the purpose of an official investigation conducted by
the agency, or to determine a current address for the
driver so public funds can be recovered or paid to the
driver, or for any other purpose set forth in subsection
(f-5) of this Section.
The Secretary may also furnish the courts a copy of
an abstract of a driver's record, without fee, subsequent
to an arrest for a violation of Section 11-501 or a
similar provision of a local ordinance. Such abstract
may include records of dispositions; documented
information involving the use of a motor vehicle as
contained in the current file; whether such individual
has, or previously had, a driver's license; and the
address and personal description as reflected on said
driver's record.
6. Any certified abstract issued by the Secretary
of State or transmitted electronically by the Secretary
of State pursuant to this Section, to a court or on
request of a law enforcement agency, for the record of a
named person as to the status of the person's driver's
license shall be prima facie evidence of the facts
therein stated and if the name appearing in such abstract
is the same as that of a person named in an information
or warrant, such abstract shall be prima facie evidence
that the person named in such information or warrant is
the same person as the person named in such abstract and
shall be admissible for any prosecution under this Code
and be admitted as proof of any prior conviction or proof
of records, notices, or orders recorded on individual
driving records maintained by the Secretary of State.
7. Subject to any restrictions contained in the
Juvenile Court Act of 1987, and upon receipt of a proper
request and a fee of $6, the Secretary of State shall
provide a driver's record to the affected driver, or the
affected driver's attorney, upon verification. Such
record shall contain all the information referred to in
paragraph 1 of this subsection (g) plus: any recorded
accident involvement as a driver; information recorded
pursuant to subsection (e) of Section 6-117 and paragraph
(4) of subsection (a) of Section 6-204 of this Code. All
other information, unless otherwise permitted by this
Code, shall remain confidential.
(h) The Secretary shall not disclose social security
numbers except pursuant to a written request by, or with the
prior written consent of, the individual except: (1) to
officers and employees of the Secretary who have a need to
know the social security numbers in performance of their
official duties, (2) to law enforcement officials for a
lawful, civil or criminal law enforcement investigation, and
if the head of the law enforcement agency has made a written
request to the Secretary specifying the law enforcement
investigation for which the social security numbers are being
sought, (3) to the United States Department of
Transportation, or any other State, pursuant to the
administration and enforcement of the Commercial Motor
Vehicle Safety Act of 1986, (4) pursuant to the order of a
court of competent jurisdiction, or (5) to the Department of
Public Aid for utilization in the child support enforcement
duties assigned to that Department under provisions of the
Public Aid Code after the individual has received advanced
meaningful notification of what redisclosure is sought by the
Secretary in accordance with the federal Privacy Act.
(i) (Blank).
(j) Medical statements or medical reports received in
the Secretary of State's Office shall be confidential. No
confidential information may be open to public inspection or
the contents disclosed to anyone, except officers and
employees of the Secretary who have a need to know the
information contained in the medical reports and the Driver
License Medical Advisory Board, unless so directed by an
order of a court of competent jurisdiction.
(k) All fees collected under this Section shall be paid
into the Road Fund of the State Treasury, except that $3 of
the $6 fee for a driver's record shall be paid into the
Secretary of State Special Services Fund.
(l) (Blank).
(m) Notations of accident involvement that may be
disclosed under this Section shall not include notations
relating to damage to a vehicle or other property being
transported by a tow truck. This information shall remain
confidential, provided that nothing in this subsection (m)
shall limit disclosure of any notification of accident
involvement to any law enforcement agency or official.
(n) Requests made by the news media for driver's
license, vehicle, or title registration information may be
furnished without charge or at a reduced charge, as
determined by the Secretary, when the specific purpose for
requesting the documents is deemed to be in the public
interest. Waiver or reduction of the fee is in the public
interest if the principal purpose of the request is to access
and disseminate information regarding the health, safety, and
welfare or the legal rights of the general public and is not
for the principal purpose of gaining a personal or commercial
benefit. The information provided pursuant to this subsection
shall not contain personally identifying information unless
the information is to be used for one of the purposes
identified in subsection (f-5) of this Section.
(o) (m) The redisclosure of personally identifying
information obtained pursuant to this Section is prohibited,
except to the extent necessary to effectuate the purpose for
which the original disclosure of the information was
permitted.
(p) (n) The Secretary of State is empowered to adopt
rules to effectuate this Section.
(Source: P.A. 91-37, eff. 7-1-99; 91-357, eff. 7-29-99;
91-716, eff. 10-1-00; 92-32, eff. 7-1-01; revised 9-10-01.)
(625 ILCS 5/3-112) (from Ch. 95 1/2, par. 3-112)
Sec. 3-112. Transfer.
(a) If an owner transfers his interest in a vehicle,
other than by the creation of a security interest, at the
time of the delivery of the vehicle he shall execute to the
transferee an assignment and warranty of title in the space
provided on the certificate of title, or as the Secretary of
State prescribes, and cause the certificate and assignment to
be mailed or delivered to the transferee or to the Secretary
of State.
If the vehicle is subject to a tax under the Mobile Home
Local Services Tax Act in a county with a population of less
than 3,000,000, the owner shall also provide to the
transferee a certification by the treasurer of the county in
which the vehicle is situated that all taxes imposed upon the
vehicle for the years the owner was the actual titleholder of
the vehicle have been paid. The transferee shall be liable
only for the taxes he or she incurred while he or she was the
actual titleholder of the mobile home. The county treasurer
shall refund any amount of taxes paid by the transferee that
were imposed in years when the transferee was not the actual
titleholder. The provisions of this amendatory Act of 1997
(P.A. 90-542) apply retroactively to January 1, 1996. In no
event may the county treasurer refund amounts paid by the
transferee during any year except the 10 years immediately
preceding the year in which the refund is made. If the owner
is a licensed dealer who has purchased the vehicle and is
holding it for resale, in lieu of acquiring a certification
from the county treasurer he shall forward the certification
received from the previous owner to the next buyer of the
vehicle. The owner shall cause the certification to be
mailed or delivered to the Secretary of State with the
certificate of title and assignment.
(b) Except as provided in Section 3-113, the transferee
shall, promptly and within 20 days after delivery to him of
the vehicle and the assigned title, execute the application
for a new certificate of title in the space provided therefor
on the certificate or as the Secretary of State prescribes,
and cause the certificate and application to be mailed or
delivered to the Secretary of State.
(c) Upon request of the owner or transferee, a
lienholder in possession of the certificate of title shall,
unless the transfer was a breach of his security agreement,
either deliver the certificate to the transferee for delivery
to the Secretary of State or, upon receipt from the
transferee of the owner's assignment, the transferee's
application for a new certificate and the required fee, mail
or deliver them to the Secretary of State. The delivery of
the certificate does not affect the rights of the lienholder
under his security agreement.
(d) If a security interest is reserved or created at the
time of the transfer, the certificate of title shall be
retained by or delivered to the person who becomes the
lienholder, and the parties shall comply with the provisions
of Section 3-203.
(e) Except as provided in Section 3-113 and as between
the parties, a transfer by an owner is not effective until
the provisions of this Section and Section 3-115 have been
complied with; however, an owner who has delivered possession
of the vehicle to the transferee and has complied with the
provisions of this Section and Section 3-115 requiring action
by him as not liable as owner for any damages thereafter
resulting from operation of the vehicle.
(f) The Secretary of State shall not process any
application for a transfer of an interest in a vehicle if any
fees or taxes due under this Act from the transferor or the
transferee have not been paid upon reasonable notice and
demand.
(g) If the Secretary of State receives an application
for transfer of a vehicle subject to a tax under the Mobile
Mobil Home Local Services Tax Act in a county with a
population of less than 3,000,000, such application must be
accompanied by the required certification by the county
treasurer or tax assessor authorizing the issuance of the
title.
(Source: P.A. 90-212, eff. 1-1-98; 90-542, eff. 12-1-97;
90-655, eff. 7-30-98; revised 2-6-01.)
(625 ILCS 5/3-112.1) (from Ch. 95 1/2, par. 3-112.1)
Sec. 3-112.1. Odometer.
(a) All titles issued by the Secretary of State
beginning January, 1990, shall provide for an odometer
certification substantially as follows:
"I certify to the best of my knowledge that the odometer
reading is and reflects the actual mileage of the vehicle
unless one of the following statements is checked.
...................
( ) 1. The mileage stated is in excess of its
mechanical limits.
( ) 2. The odometer reading is not the actual mileage.
Warning - Odometer Discrepancy."
(b) When executing any transfer of title which contains
the odometer certification as described in paragraph (a)
above, each transferor of a motor vehicle must supply on the
title form the following information:
(1) The odometer reading at the time of transfer
and an indication if the mileage is in excess of its
mechanical limits or if it is not the actual mileage;
(2) The date of transfer;
(3) The transferor's printed name and signature;
and
(4) The transferee's printed name and address.
(c) The transferee must sign on the title form
indicating that he or she is aware of the odometer
certification made by the transferor.
(d) The transferor will not be required to disclose the
current odometer reading and the transferee will not have to
acknowledge such disclosure under the following
circumstances:
(1) A vehicle having a Gross Vehicle Weight Rating
of more than 16,000 pounds;
(2) A vehicle that is not self-propelled;
(3) A vehicle that is 10 years old or older;
(4) A vehicle sold directly by the manufacturer to
any agency of the United States; and
(5) A vehicle manufactured without an odometer.
(e) When the transferor signs the title transfer such
transferor acknowledges that he or she is aware that Federal
regulations and State law require him or her to state the
odometer mileage upon transfer of ownership. An inaccurate
or untruthful statement with intent to defraud subjects the
transferor to liability for damages to the transferee
pursuant to the federal Motor Vehicle Information and Cost
Act of 1972, P.L. 92-513 as amended by P.L. 94-364. No
transferor shall be liable for damages as provided under this
Section who transfers title to a motor vehicle which has an
odometer reading that has been altered or tampered with by a
previous owner, unless that transferor knew or had reason to
know of such alteration or tampering and sold such vehicle
with an intent to defraud. A cause of action is hereby
created by which any person who, with intent to defraud,
violates any requirement imposed under this Section shall be
liable in an amount equal to the sum of:
(1) three times the amount of actual damages
sustained or $1,500, whichever is the greater; and
(2) in the case of any successful action to enforce
the foregoing liability, the costs of the action together
with reasonable attorney fees as determined by the court.
Any recovery based on a cause of action under this
Section shall be offset by any recovery made pursuant to the
federal Motor Vehicle Information and Cost Savings Act of
1972.
(f) The provisions of this Section shall not apply to
any motorcycle, motor driven cycle, moped or antique vehicle.
(g) The Secretary of State may adopt rules and
regulations providing for a transition period for all
non-conforming titles.
(Source: P.A. 91-357, eff. 7-29-99; revised 12-04-01.)
(625 ILCS 5/3-302) (from Ch. 95 1/2, par. 3-302)
Sec. 3-302. Application for title; contents. Every
application for a certificate of title for a rebuilt vehicle
shall be made upon a form prescribed by the Secretary of
State, and shall include the following:
1. The name, residence and mailing address of the
owner;
2. A description of the vehicle including, so far
as the following data exists: its make, year-model,
identifying number, type of body, whether new or used,
and as to vehicles of the second division, whether
for-hire, not-for-hire, or both for-hire and
not-for-hire;
3. The date of purchase by applicant, the name and
address of the person from whom the vehicle was acquired
and the names and addresses of any lienholders in the
order of their priority; and
4. The current odometer reading at the time of
transfer and that the stated odometer reading is one of
the following: actual mileage, not the actual mileage or
mileage is in excess of its mechanical limits; and
5. Any further information the Secretary of State
reasonably requires to identify the vehicle and to enable
him to determine whether the owner is entitled to a
certificate of title and the existence or nonexistence of
security interests in the vehicle.
(Source: P.A. 86-444; 87-206; revised 1-25-02.)
(625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)
Sec. 3-402. Vehicles subject to registration;
exceptions.
A. Exemptions and Policy. Every motor vehicle, trailer,
semitrailer and pole trailer when driven or moved upon a
highway shall be subject to the registration and certificate
of title provisions of this Chapter except:
(1) Any such vehicle driven or moved upon a highway
in conformance with the provisions of this Chapter
relating to manufacturers, transporters, dealers,
lienholders or nonresidents or under a temporary
registration permit issued by the Secretary of State;
(2) Any implement of husbandry whether of a type
otherwise subject to registration hereunder or not which
is only incidentally operated or moved upon a highway,
which shall include a not-for-hire movement for the
purpose of delivering farm commodities to a place of
first processing or sale, or to a place of storage;
(3) Any special mobile equipment as herein defined;
(4) Any vehicle which is propelled exclusively by
electric power obtained from overhead trolley wires
though not operated upon rails;
(5) Any vehicle which is equipped and used
exclusively as a pumper, ladder truck, rescue vehicle,
searchlight truck, or other fire apparatus, but not a
vehicle of a type which would otherwise be subject to
registration as a vehicle of the first division;
(6) Any vehicle which is owned and operated by the
federal government and externally displays evidence of
federal ownership. It is the policy of the State of
Illinois to promote and encourage the fullest use of its
highways and to enhance the flow of commerce thus
contributing to the economic, agricultural, industrial
and social growth and development of this State, by
authorizing the Secretary of State to negotiate and enter
into reciprocal or proportional agreements or
arrangements with other States, or to issue declarations
setting forth reciprocal exemptions, benefits and
privileges with respect to vehicles operated interstate
which are properly registered in this and other States,
assuring nevertheless proper registration of vehicles in
Illinois as may be required by this Code;
(7) Any converter dolly or tow dolly which merely
serves as substitute wheels for another legally licensed
vehicle. A title may be issued on a voluntary basis to a
tow dolly upon receipt of the manufacturer's certificate
of origin or the bill of sale;
(8) Any house trailer found to be an abandoned
mobile home under the Abandoned Mobile Home Act;
(9) Any vehicle that is not properly registered or
does not have registration plates issued to the owner or
operator affixed thereto, or that does have registration
plates issued to the owner or operator affixed thereto
but the plates are not appropriate for the weight of the
vehicle, provided that this exemption shall apply only
while the vehicle is being transported or operated by a
towing service and has a third tow plate affixed to it.
B. Reciprocity. Any motor vehicle, trailer, semitrailer
or pole trailer need not be registered under this Code
provided the same is operated interstate and in accordance
with the following provisions and any rules and regulations
promulgated pursuant thereto:
(1) A nonresident owner, except as otherwise
provided in this Section, owning any foreign registered
vehicle of a type otherwise subject to registration
hereunder, may operate or permit the operation of such
vehicle within this State in interstate commerce without
registering such vehicle in, or paying any fees to, this
State subject to the condition that such vehicle at all
times when operated in this State is operated pursuant to
a reciprocity agreement, arrangement or declaration by
this State, and further subject to the condition that
such vehicle at all times when operated in this State is
duly registered in, and displays upon it, a valid
registration card and registration plate or plates issued
for such vehicle in the place of residence of such owner
and is issued and maintains in such vehicle a valid
Illinois reciprocity permit as required by the Secretary
of State, and provided like privileges are afforded to
residents of this State by the State of residence of such
owner.
Every nonresident including any foreign corporation
carrying on business within this State and owning and
regularly operating in such business any motor vehicle,
trailer or semitrailer within this State in intrastate
commerce, shall be required to register each such vehicle
and pay the same fees therefor as is required with
reference to like vehicles owned by residents of this
State.
(2) Any motor vehicle, trailer, semitrailer and
pole trailer operated interstate need not be registered
in this State, provided:
(a) that the vehicle same is properly
registered in another State pursuant to law or to a
reciprocity agreement, arrangement or declaration;
or
(b) that such vehicle is part of a fleet of
vehicles owned or operated by the same person who
registers such fleet of vehicles pro rata among the
various States in which such fleet operates; or
(c) that such vehicle is part of a fleet of
vehicles, a portion of which are registered with the
Secretary of State of Illinois in accordance with an
agreement or arrangement concurred in by the
Secretary of State of Illinois based on one or more
of the following factors: ratio of miles in Illinois
as against total miles in all jurisdictions; situs
or base of a vehicle, or where it is principally
garaged, or from whence it is principally dispatched
or where the movements of such vehicle usually
originate; situs of the residence of the owner or
operator thereof, or of his principal office or
offices, or of his places of business; the routes
traversed and whether regular or irregular routes
are traversed, and the jurisdictions traversed and
served; and such other factors as may be deemed
material by the Secretary and the motor vehicle
administrators of the other jurisdictions involved
in such apportionment.; and
(d) that Such vehicles shall maintain therein any
reciprocity permit which may be required by the Secretary
of State pursuant to rules and regulations which the
Secretary of State may promulgate in the administration
of this Code, in the public interest.
(3) (a) In order to effectuate the purposes of this
Code, the Secretary of State of Illinois is
empowered to negotiate and execute written
reciprocal agreements or arrangements with the duly
authorized representatives of other jurisdictions,
including States, districts, territories and
possessions of the United States, and foreign
states, provinces, or countries, granting to owners
or operators of vehicles duly registered or licensed
in such other jurisdictions and for which evidence
of compliance is supplied, benefits, privileges and
exemption from the payment, wholly or partially, of
any taxes, fees or other charges imposed with
respect to the ownership or operation of such
vehicles by the laws of this State except the tax
imposed by the Motor Fuel Tax Law, approved March
25, 1929, as amended, and the tax imposed by the Use
Tax Act, approved July 14, 1955, as amended.
The Secretary of State may negotiate agreements
or arrangements as are in the best interests of this
State and the residents of this State pursuant to
the policies expressed in this Section taking into
consideration the reciprocal exemptions, benefits
and privileges available and accruing to residents
of this State and vehicles registered in this State.
(b) Such reciprocal agreements or arrangements
shall provide that vehicles duly registered or
licensed in this State when operated upon the
highways of such other jurisdictions, shall receive
exemptions, benefits and privileges of a similar
kind or to a similar degree as extended to vehicles
from such jurisdictions in this State.
(c) Such agreements or arrangements may also
authorize the apportionment of registration or
licensing of fleets of vehicles operated interstate,
based on any or all of the following factors: ratio
of miles in Illinois as against total miles in all
jurisdictions; situs or base of a vehicle, or where
it is principally garaged or from whence it is
principally dispatched or where the movements of
such vehicle usually originate; situs of the
residence of the owner or operator thereof, or of
his principal office or offices, or of his places of
business; the routes traversed and whether regular
or irregular routes are traversed, and the
jurisdictions traversed and served; and such other
factors as may be deemed material by the Secretary
and the motor vehicle administrators of the other
jurisdictions involved in such apportionment, and
such vehicles shall likewise be entitled to
reciprocal exemptions, benefits and privileges.
(d) Such agreements or arrangements shall also
provide that vehicles being operated in intrastate
commerce in Illinois shall comply with the
registration and licensing laws of this State,
except that vehicles which are part of an
apportioned fleet may conduct an intrastate
operation incidental to their interstate operations.
Any motor vehicle properly registered and qualified
under any reciprocal agreement or arrangement under
this Code and not having a situs or base within
Illinois may complete the inbound movement of a
trailer or semitrailer to an Illinois destination
that was brought into Illinois by a motor vehicle
also properly registered and qualified under this
Code and not having a situs or base within Illinois,
or may complete an outbound movement of a trailer or
semitrailer to an out-of-state destination that was
originated in Illinois by a motor vehicle also
properly registered and qualified under this Code
and not having a situs or base in Illinois, only if
the operator thereof did not break bulk of the cargo
laden in such inbound or outbound trailer or
semitrailer. Adding or unloading intrastate cargo on
such inbound or outbound trailer or semitrailer
shall be deemed as breaking bulk.
(e) Such agreements or arrangements may also
provide for the determination of the proper State in
which leased vehicles shall be registered based on
the factors set out in subsection (c) above and for
apportionment of registration of fleets of leased
vehicles by the lessee or by the lessor who leases
such vehicles to persons who are not fleet
operators.
(f) Such agreements or arrangements may also
include reciprocal exemptions, benefits or
privileges accruing under The Illinois Driver
Licensing Law or The Driver License Compact.
(4) The Secretary of State is further authorized to
examine the laws and requirements of other jurisdictions,
and, in the absence of a written agreement or
arrangement, to issue a written declaration of the extent
and nature of the exemptions, benefits and privileges
accorded to vehicles of this State by such other
jurisdictions, and the extent and nature of reciprocal
exemptions, benefits and privileges thereby accorded by
this State to the vehicles of such other jurisdictions.
A declaration by the Secretary of State may include any,
part or all reciprocal exemptions, benefits and
privileges or provisions as may be included within an
agreement or arrangement.
(5) All agreements, arrangements, declarations and
amendments thereto, shall be in writing and become
effective when signed by the Secretary of State, and
copies of all such documents shall be available to the
public upon request.
(6) The Secretary of State is further authorized to
require the display by foreign registered trucks,
truck-tractors and buses, entitled to reciprocal
benefits, exemptions or privileges hereunder, a
reciprocity permit for external display before any such
reciprocal benefits, exemptions or privileges are
granted. The Secretary of State shall provide suitable
application forms for such permit and shall promulgate
and publish reasonable rules and regulations for the
administration and enforcement of the provisions of this
Code including a provision for revocation of such permit
as to any vehicle operated wilfully in violation of the
terms of any reciprocal agreement, arrangement or
declaration or in violation of the Illinois Motor Carrier
of Property Law, as amended.
(7) (a) Upon the suspension, revocation or denial
of one or more of all reciprocal benefits,
privileges and exemptions existing pursuant to the
terms and provisions of this Code or by virtue of a
reciprocal agreement or arrangement or declaration
thereunder; or, upon the suspension, revocation or
denial of a reciprocity permit; or, upon any action
or inaction of the Secretary in the administration
and enforcement of the provisions of this Code, any
person, resident or nonresident, so aggrieved, may
serve upon the Secretary, a petition in writing and
under oath, setting forth the grievance of the
petitioner, the grounds and basis for the relief
sought, and all necessary facts and particulars, and
request an administrative hearing thereon. Within
20 days, the Secretary shall set a hearing date as
early as practical. The Secretary may, in his
discretion, supply forms for such a petition. The
Secretary may require the payment of a fee of not
more than $50 for the filing of any petition,
motion, or request for hearing conducted pursuant to
this Section. These fees must be deposited into the
Secretary of State DUI Administration Fund, a
special fund that is hereby created in the State
treasury, and, subject to appropriation and as
directed by the Secretary of State, shall be used to
fund the operation of the hearings department of the
Office of the Secretary of State and for no other
purpose. The Secretary shall establish by rule the
amount and the procedures, terms, and conditions
relating to these fees.
(b) The Secretary may likewise, in his
discretion and upon his own petition, order a
hearing, when in his best judgment, any person is
not entitled to the reciprocal benefits, privileges
and exemptions existing pursuant to the terms and
provisions of this Code or under a reciprocal
agreement or arrangement or declaration thereunder
or that a vehicle owned or operated by such person
is improperly registered or licensed, or that an
Illinois resident has improperly registered or
licensed a vehicle in another jurisdiction for the
purposes of violating or avoiding the registration
laws of this State.
(c) The Secretary shall notify a petitioner or
any other person involved of such a hearing, by
giving at least 10 days notice, in writing, by U.S.
Mail, Registered or Certified, or by personal
service, at the last known address of such
petitioner or person, specifying the time and place
of such hearing. Such hearing shall be held before
the Secretary, or any person as he may designate,
and unless the parties mutually agree to some other
county in Illinois, the hearing shall be held in the
County of Sangamon or the County of Cook.
Appropriate records of the hearing shall be kept,
and the Secretary shall issue or cause to be issued,
his decision on the case, within 30 days after the
close of such hearing or within 30 days after
receipt of the transcript thereof, and a copy shall
likewise be served or mailed to the petitioner or
person involved.
(d) The actions or inactions or
determinations, or findings and decisions upon an
administrative hearing, of the Secretary, shall be
subject to judicial review in the Circuit Court of
the County of Sangamon or the County of Cook, and
the provisions of the Administrative Review Law, and
all amendments and modifications thereof and rules
adopted pursuant thereto, apply to and govern all
such reviewable matters.
Any reciprocal agreements or arrangements
entered into by the Secretary of State or any
declarations issued by the Secretary of State
pursuant to any law in effect prior to the effective
date of this Code are not hereby abrogated, and such
shall continue in force and effect until amended
pursuant to the provisions of this Code or expire
pursuant to the terms or provisions thereof.
(Source: P.A. 92-418, eff. 8-17-01; revised 12-04-01.)
(625 ILCS 5/3-405.1) (from Ch. 95 1/2, par. 3-405.1)
Sec. 3-405.1. Application for vanity and personalized
license plates.
(a) Vanity license plates mean any license plates,
assigned to a passenger motor vehicle of the first division,
to a motor vehicle of the second division registered at not
more than 8,000 pounds or to a recreational vehicle, which
display a registration number containing 4 to 7 letters as
requested by the owner of the vehicle and license plates
issued to retired members of Congress under Section 3-610.1
or to retired members of the General Assembly as provided in
Section 3-606.1. A license plate consisting of 3 letters and
no numbers or of 1, 2 or 3 numbers, upon its becoming
available, is a vanity license plate. Personalized license
plates mean any license plates, assigned to a passenger motor
vehicle of the first division, to a motor vehicle of the
second division, or to a recreational vehicle, which display
a registration number containing a combination of letters and
numbers as prescribed by rule, as requested by the owner of
the vehicle.
(b) For any registration period commencing after 1979,
any person who is the registered owner of a passenger motor
vehicle of the first division, of a motor vehicle of the
second division registered at not more than 8,000 pounds or
of a recreational vehicle registered with the Secretary of
State or who makes application for an original registration
of such a motor vehicle or renewal registration of such a
motor vehicle may, upon payment of a fee prescribed in
Section 3-806.1, apply to the Secretary of State for
personalized license plates.
(c) Except as otherwise provided in this Chapter 3 for
plates issued under Sections 3-627, 3-631, and 3-632, vanity
and personalized license plates as issued under this Section
shall be the same color and design as other passenger vehicle
license plates and shall not in any manner conflict with any
other existing passenger, commercial, trailer, motorcycle, or
special license plate series. However, special registration
plates issued under Sections 3-611 and 3-616 for vehicles
operated by or for persons with disabilities may also be
vanity or personalized license plates.
(d) Vanity and personalized license plates shall be
issued only to the registered owner of the vehicle on which
they are to be displayed, except as provided in Sections
3-611 and 3-616 for special registration plates for vehicles
operated by or for persons with disabilities.
(e) An applicant for the issuance of vanity or
personalized license plates or subsequent renewal thereof
shall file an application in such form and manner and by such
date as the Secretary of State may, in his discretion,
require.
No vanity nor personalized license plates shall be
approved, manufactured, or distributed that contain any
characters, symbols other than the international
accessibility symbol for vehicles operated by or for persons
with disabilities, foreign words, or letters of punctuation.
(f) Vanity and personalized license plates as issued
pursuant to this Act may be subject to the Staggered
Registration System as prescribed by the Secretary of State.
(Source: P.A. 88-685, eff. 1-24-95; 89-282, eff. 8-10-95;
89-611, eff. 1-1-97; revised 1-28-02.)
(625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
Sec. 3-412. Registration plates and registration
stickers to be furnished by the Secretary of State.
(a) The Secretary of State upon registering a vehicle
subject to annual registration for the first time shall
issue or shall cause to be issued to the owner one
registration plate for a motorcycle, trailer, semitrailer,
motorized pedalcycle or truck-tractor, 2 registration plates
for other motor vehicles and, where applicable, current
registration stickers for motor vehicles of the first
division. The provisions of this Section may be made
applicable to such vehicles of the second division, as the
Secretary of State may, from time to time, in his discretion
designate. On subsequent annual registrations during the term
of the registration plate as provided in Section 3-414.1, the
Secretary shall issue or cause to be issued registration
stickers as evidence of current registration. However, the
issuance of annual registration stickers to vehicles
registered under the provisions of Section 3-402.1 of this
Code may not be required if the Secretary deems the issuance
unnecessary.
(b) Every registration plate shall have displayed upon
it the registration number assigned to the vehicle for which
it is issued, the name of this State, which may be
abbreviated, the year number for which it was issued, which
may be abbreviated, the phrase "Land of Lincoln", (except as
otherwise provided in this Chapter 3) Sections 3-626, 3-629,
3-633, 3-634, 3-637, 3-638, and 3-642, and such other letters
or numbers as the Secretary may prescribe. However, for
apportionment plates issued to vehicles registered under
Section 3-402.1, the phrase "Land of Lincoln" may be omitted
to allow for the word "apportioned" to be displayed. The
Secretary may in his discretion prescribe that letters be
used as prefixes only on registration plates issued to
vehicles of the first division which are registered under
this Code and only as suffixes on registration plates issued
to other vehicles. Every registration sticker issued as
evidence of current registration shall designate the year
number for which it is issued and such other letters or
numbers as the Secretary may prescribe and shall be of a
contrasting color with the registration plates and
registration stickers of the previous year.
(c) Each registration plate and the required letters and
numerals thereon, except the year number for which issued,
shall be of sufficient size to be plainly readable from a
distance of 100 feet during daylight, and shall be coated
with reflectorizing material. The dimensions of the plate
issued to vehicles of the first division shall be 6 by 12
inches.
(d) The Secretary of State shall issue for every
passenger motor vehicle rented without a driver the same type
of registration plates as the type of plates issued for a
private passenger vehicle.
(e) The Secretary of State shall issue for every
passenger car used as a taxicab or livery, distinctive
registration plates.
(f) The Secretary of State shall issue for every
motorcycle distinctive registration plates distinguishing
between motorcycles having 150 or more cubic centimeters
piston displacement, or having less than 150 cubic centimeter
piston displacement.
(g) Registration plates issued to vehicles for-hire may
display a designation as determined by the Secretary that
such vehicles are for-hire.
(h) The Secretary of State shall issue for each electric
vehicle distinctive registration plates which shall
distinguish between electric vehicles having a maximum
operating speed of 45 miles per hour or more and those having
a maximum operating speed of less than 45 miles per hour.
(i) The Secretary of State shall issue for every public
and private ambulance registration plates identifying the
vehicle as an ambulance. The Secretary shall forward to the
Department of Public Aid registration information for the
purpose of verification of claims filed with the Department
by ambulance owners for payment for services to public
assistance recipients.
(j) The Secretary of State shall issue for every public
and private medical carrier or rescue vehicle livery
registration plates displaying numbers within ranges of
numbers reserved respectively for medical carriers and rescue
vehicles. The Secretary shall forward to the Department of
Public Aid registration information for the purpose of
verification of claims filed with the Department by owners of
medical carriers or rescue vehicles for payment for services
to public assistance recipients.
(Source: P.A. 89-424, eff. 6-1-96; 89-564, eff. 7-1-97;
89-612, eff. 8-9-96; 89-621, eff. 1-1-97; 89-639, eff.
1-1-97; 90-14, eff. 7-1-97; 90-533, eff. 11-14-97; 90-655,
eff. 7-30-98; revised 1-28-02.)
(625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
Sec. 3-616. Person with disabilities license plates.
(a) Upon receiving an application for a certificate of
registration for a motor vehicle of the first division or for
a motor vehicle of the second division weighing no more than
8,000 pounds, accompanied with payment of the registration
fees required under this Code from a person with disabilities
or a person who is deaf or hard of hearing, the Secretary of
State, if so requested, shall issue to such person
registration plates as provided for in Section 3-611,
provided that the person with disabilities or person who is
deaf or hard of hearing must not be disqualified from
obtaining a driver's license under subsection 8 of Section
6-103 of this Code, and further provided that any person
making such a request must submit a statement certified by a
licensed physician to the effect that such person is a person
with disabilities as defined by Section 1-159.1 of this Code,
or alternatively provide adequate documentation that such
person has a Class 1A, Class 2A or Type Four disability under
the provisions of Section 4A of the Illinois Identification
Card Act. For purposes of this Section, an Illinois Disabled
Person Identification Card issued pursuant to the Illinois
Identification Card Act indicating that the person thereon
named has a disability shall be adequate documentation of
such a disability.
(b) The Secretary shall issue plates under this Section
to a parent or legal guardian of a person with disabilities
if the person with disabilities has a Class 1A or Class 2A
disability as defined in Section 4A of the Illinois
Identification Card Act or is a person with disabilities as
defined by Section 1-159.1 of this Code, and does not possess
a vehicle registered in his or her name, provided that the
person with disabilities relies frequently on the parent or
legal guardian for transportation. Only one vehicle 2 per
family may be registered under this subsection, unless the
applicant can justify in writing the need for one additional
set of plates. Any person requesting special plates under
this subsection shall submit such documentation or such
physician's statement as is required in subsection (a) and a
statement describing the circumstances qualifying for
issuance of special plates under this subsection.
(c) The Secretary may issue a person with disabilities
parking decal or device to a person with disabilities as
defined by Section 1-159.1 without regard to qualification of
such person with disabilities for a driver's license or
registration of a vehicle by such person with disabilities or
such person's immediate family, provided such person with
disabilities making such a request has been issued a Disabled
Person Identification Card indicating that the person named
thereon has a Class 1A or Class 2A disability, or
alternatively, submits a statement certified by a licensed
physician to the effect that such person is a person with
disabilities as defined by Section 1-159.1.
(d) The Secretary shall prescribe by rules and
regulations procedures to certify or re-certify as necessary
the eligibility of persons whose disabilities are other than
permanent for special plates or person with disabilities
parking decals or devices issued under subsections (a), (b)
and (c). Except as provided under subsection (f) of this
Section, no such special plates, decals or devices shall be
issued by the Secretary of State to or on behalf of any
person with disabilities unless such person is certified as
meeting the definition of a person with disabilities pursuant
to Section 1-159.1 or meeting the requirement of a Type Four
disability as provided under Section 4A of the Illinois
Identification Card Act for the period of time that the
physician determines the applicant will have the disability,
but not to exceed 6 months from the date of certification or
recertification.
(e) Any person requesting special plates under this
Section may also apply to have the special plates
personalized, as provided under Section 3-405.1.
(f) The Secretary of State, upon application, shall
issue person with disabilities registration plates or a
person with disabilities parking decal to corporations,
school districts, State or municipal agencies, limited
liability companies, nursing homes, convalescent homes, or
special education cooperatives which will transport persons
with disabilities. The Secretary shall prescribe by rule a
means to certify or re-certify the eligibility of
organizations to receive person with disabilities plates or
decals and to designate which of the 2 person with
disabilities emblems shall be placed on qualifying vehicles.
(g) The Secretary of State, or his designee, may enter
into agreements with other jurisdictions, including foreign
jurisdictions, on behalf of this State relating to the
extension of parking privileges by such jurisdictions to
permanently disabled residents of this State who display a
special license plate or parking device that contains the
International symbol of access on his or her motor vehicle,
and to recognize such plates or devices issued by such other
jurisdictions. This State shall grant the same parking
privileges which are granted to disabled residents of this
State to any non-resident whose motor vehicle is licensed in
another state, district, territory or foreign country if such
vehicle displays the international symbol of access or a
distinguishing insignia on license plates or parking device
issued in accordance with the laws of the non-resident's
state, district, territory or foreign country.
(Source: P.A. 91-769, eff. 6-9-00; 92-16, eff. 6-28-01;
92-411, eff. 1-1-02; revised 10-12-01.)
(625 ILCS 5/3-648)
Sec. 3-648. Education license plates.
(a) The Secretary, upon receipt of an application made
in the form prescribed by the Secretary, may issue special
registration plates designated as Education license plates.
The special plates issued under this Section shall be affixed
only to passenger vehicles of the first division and motor
vehicles of the second division weighing not more than 8,000
pounds. Plates issued under this Section shall expire
according to the multi-year procedure established by Section
3-414.1 of this Code.
(b) The design and color of the plates shall be
determined by a contest that every elementary school pupil in
the State of Illinois is eligible to enter. The designs
submitted for the contest shall be judged on September 30,
2002, and the winning design shall be selected by a committee
composed of the Secretary, the Director of State Police, 2
members of the Senate, one member chosen by the President of
the Senate and one member chosen by the Senate Minority
Leader, and 2 members of the House of Representatives, one
member chosen by the Speaker of the House and one member
chosen by the House Minority Leader. The Secretary may allow
the plates to be issued as vanity or personalized plates
under Section 3-405.1 of the Code. The Secretary shall
prescribe stickers or decals as provided under Section 3-412
of this Code.
(c) An applicant for the special plate shall be charged
a $40 fee for original issuance, in addition to the
appropriate registration fee. Of this $40 additional original
issuance fee, $15 shall be deposited into the Secretary of
State Special License Plate Fund, to be used by the Secretary
to help defray the administrative processing costs, and $25
shall be deposited into the Illinois Future Teacher Corps
Scholarship Fund. For each registration renewal period, a
$40 fee, in addition to the appropriate registration fee,
shall be charged. Of this $40 additional renewal fee, $2
shall be deposited into the Secretary of State Special
License Plate Fund and $38 shall be deposited into the
Illinois Future Teacher Corps Scholarship Fund. Each fiscal
year, once deposits from the additional original issuance and
renewal fees into the Secretary of State Special License
Plate Fund have reached $500,000, all the amounts received
for the additional fees for the balance of the fiscal year
shall be deposited into the Illinois Future Teacher Corps
Scholarship Fund.
(d) The Illinois Future Teacher Corps Scholarship Fund
is created as a special fund in the State treasury.
Ninety-five percent of the moneys in the Illinois Future
Teacher Corps Scholarship Fund shall be appropriated to the
Illinois Student Assistance Commission for scholarships under
Section 65.65 of the Higher Education Student Assistance Act,
and 5% of the moneys in the Illinois Future Teacher Corps
Scholarship Fund shall be appropriated to the State Board of
Education for grants to the Golden Apple Foundation for
Excellence in Teaching, a recognized charitable organization
that meets the requirements of Title 26, Section 501(c)(3) of
the United States Code.
(Source: P.A. 92-445, eff. 8-17-01.)
(625 ILCS 5/3-650)
Sec. 3-650. 3-648. Army Combat Veteran license plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary of
State, may issue Army Combat Veteran license plates to
residents of Illinois who meet eligibility requirements
prescribed by the Secretary of State. The special Army
Combat Veteran plate issued under this Section shall be
affixed only to passenger vehicles of the first division and
motor vehicles of the second division weighing not more than
8,000 pounds. Plates issued under this Section shall expire
according to the staggered multi-year procedure established
by Section 3-414.1 of this Code.
(b) The plates shall display the Army Combat Infantry
Badge. In all other respects, the design, color, and format
of the plates shall be within the discretion of the Secretary
of State. The Secretary may, in his or her discretion, allow
the plates to be issued as vanity plates or personalized in
accordance with Section 3-405.1 of this Code. The plates are
not required to designate "Land Of Lincoln", as prescribed in
subsection (b) of Section 3-412 of this Code. The Secretary
shall prescribe the eligibility requirements and, in his or
her discretion, shall approve and prescribe stickers or
decals as provided under Section 3-412.
(c) An applicant shall be charged a $15 fee for original
issuance in addition to the applicable registration fee.
This additional fee shall be deposited into the Secretary of
State Special License Plate Fund. For each registration
renewal period, a $2 fee, in addition to the appropriate
registration fee, shall be charged and shall be deposited
into the Secretary of State Special License Plate Fund.
(Source: P.A. 92-79, eff. 1-1-02; revised 10-17-01.)
(625 ILCS 5/3-651)
Sec. 3-651. 3-648. U.S. Marine Corps license plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary of
State, may issue special registration plates designated as
U.S. Marine Corps license plates to residents of Illinois who
meet eligibility requirements prescribed by the Secretary of
State. The special plate issued under this Section shall be
affixed only to passenger vehicles of the first division,
motor vehicles of the second division weighing not more than
8,000 pounds, and recreational vehicles as defined by Section
1-169 of this Code. Plates issued under this Section shall
expire according to the staggered multi-year procedure
established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State,
except that the U.S. Marine Corps emblem shall appear on the
plates. The Secretary may, in his or her discretion, allow
the plates to be issued as vanity or personalized plates in
accordance with Section 3-405.1 of this Code. The plates are
not required to designate "Land Of Lincoln", as prescribed in
subsection (b) of Section 3-412 of this Code. The Secretary
shall prescribe the eligibility requirements and, in his or
her discretion, shall approve and prescribe stickers or
decals as provided under Section 3-412.
(c) An applicant shall be charged a $20 fee for original
issuance in addition to the applicable registration fee. Of
this additional fee, $15 shall be deposited into the
Secretary of State Special License Plate Fund and $5 shall be
deposited into the Marine Corps Scholarship Fund. For each
registration renewal period, a $20 fee, in addition to the
appropriate registration fee, shall be charged. Of this
additional fee, $2 shall be deposited into the Secretary of
State Special License Plate Fund and $18 shall be deposited
into the Marine Corps Scholarship Fund.
(d) The Marine Corps Scholarship Fund is created as a
special fund in the State treasury. All moneys in the Marine
Corps Scholarship Fund shall, subject to appropriation by the
General Assembly and approval by the Secretary, be used by
the Marine Corps Scholarship Foundation, Inc., a recognized
charitable organization that meets the requirements of Title
26, Section 501(c)(3) of the United States Code, to provide
grants for scholarships for higher education. The scholarship
recipients must be the children of current or former members
of the United States Marine Corps who meet the academic,
financial, and other requirements established by the Marine
Corps Scholarship Foundation. In addition, the recipients
must be Illinois residents and must attend a college or
university located within the State of Illinois.
The State Treasurer shall require the Marine Corps
Scholarship Foundation to establish a separate account for
receipt of the proceeds of the Marine Corps Scholarship Fund.
That account shall be subject to audit either annually or at
another interval, as determined by the State Treasurer.
Proceeds from the Marine Corps Scholarship Fund shall be
transferred on a quarterly basis by the State Treasurer's
office to this separate account.
(Source: P.A. 92-467, eff. 1-1-02; revised 10-17-01.)
(625 ILCS 5/3-652)
Sec. 3-652. 3-648. Chicago and Northeast Illinois
District Council of Carpenters license plates.
(a) The Secretary, upon receipt of all applicable fees
and applications made in the form prescribed by the
Secretary, may issue special registration plates designated
as Chicago and Northeast Illinois District Council of
Carpenters license plates.
The special plates issued under this Section shall be
affixed only to passenger vehicles of the first division or
motor vehicles of the second division weighing not more than
8,000 pounds.
Plates issued under this Section shall expire according
to the multi-year procedure established by Section 3-414.1 of
this Code.
(b) The design and color of the special plates shall be
wholly within the discretion of the Secretary. Appropriate
documentation, as determined by the Secretary, shall
accompany each application. The Secretary may allow the
plates to be issued as vanity plates or personalized plates
under Section 3-405.1 of this Code. The Secretary shall
prescribe stickers or decals as provided under Section 3-412
of this Code.
(c) An applicant for the special plate shall be charged
a $25 fee for original issuance in addition to the
appropriate registration fee. Of this fee, $10 shall be
deposited into the Chicago and Northeast Illinois District
Council of Carpenters Fund and $15 shall be deposited into
the Secretary of State Special License Plate Fund, to be used
by the Secretary to help defray the administrative processing
costs.
For each registration renewal period, a $25 fee, in
addition to the appropriate registration fee, shall be
charged. Of this fee, $23 shall be deposited into the
Chicago and Northeast Illinois District Council of Carpenters
Fund and $2 shall be deposited into the Secretary of State
Special License Plate Fund.
(d) The Chicago and Northeast Illinois District Council
of Carpenters Fund is created as a special fund in the State
treasury. All moneys in the Chicago and Northeast Illinois
District Council of Carpenters Fund shall be paid, subject to
appropriation by the General Assembly and approval by the
Secretary, as grants for charitable purposes sponsored by the
Chicago and Northeast Illinois District Council of
Carpenters.
(Source: P.A. 92-477, eff. 1-1-02; revised 10-17-01.)
(625 ILCS 5/3-653)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 3-653. 3-648. Pet Friendly license plates.
(a) The Secretary, upon receipt of an application made
in the form prescribed by the Secretary, may issue special
registration plates designated as Pet Friendly license
plates. The special plates issued under this Section shall
be affixed only to passenger vehicles of the first division,
motor vehicles of the second division weighing not more than
8,000 pounds, and recreational vehicles as defined in Section
1-169 of this Code. Plates issued under this Section shall
expire according to the multi-year procedure established by
Section 3-414.1 of this Code.
(b) The design and color of the plates is wholly within
the discretion of the Secretary, except that the phrase "I am
pet friendly" shall be on the plates. The Secretary may allow
the plates to be issued as vanity plates or personalized
plates under Section 3-405.1 of the Code. The Secretary
shall prescribe stickers or decals as provided under Section
3-412 of this Code.
(c) An applicant for the special plate shall be charged
a $40 fee for original issuance in addition to the
appropriate registration fee. Of this additional fee, $25
shall be deposited into the Pet Overpopulation Control Fund
and $15 shall be deposited into the Secretary of State
Special License Plate Fund, to be used by the Secretary to
help defray the administrative processing costs.
For each registration renewal period, a $27 fee, in
addition to the appropriate registration fee, shall be
charged. Of this additional fee, $25 shall be deposited into
the Pet Overpopulation Control Fund and $2 shall be deposited
into the Secretary of State Special License Plate Fund.
(d) The Pet Overpopulation Control Fund is created as a
special fund in the State treasury. All moneys in the Pet
Overpopulation Control Fund shall be paid, subject to
appropriation by the General Assembly and approval by the
Secretary, as grants to humane societies exempt from federal
income taxation under Section 501(c)(3) of the Internal
Revenue Code to be used solely for the humane sterilization
of dogs and cats in the State of Illinois. In approving
grants under this subsection (d), the Secretary shall
consider recommendations for grants made by a volunteer board
appointed by the Secretary that shall consist of 5 Illinois
residents who are officers or directors of humane societies
operating in different regions in Illinois.
(Source: P.A. 92-520, eff. 6-1-02; revised 1-16-02.)
(625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)
Sec. 3-806.3. Senior Citizens.
Commencing with the 1986 registration year and extending
through the 2000 registration year, the registration fee paid
by any vehicle owner who has claimed and received a grant
under the "Senior Citizens and Disabled Persons Property Tax
Relief and Pharmaceutical Assistance Act" or who is the
spouse of such a person shall be reduced by 50% for passenger
cars displaying standard multi-year registration plates
issued under Section 3-414.1, motor vehicles displaying
special registration plates issued under Section 3-616, motor
vehicles registered at 8,000 pounds or less under Section
3-815(a) and recreational vehicles registered at 8,000 pounds
or less under Section 3-815(b). Widows and widowers of
claimants shall also be entitled to the reduced registration
rate for the registration year in which the claimant was
eligible.
Commencing with the 2001 registration year, the
registration fee paid by any vehicle owner who has claimed
and received a grant under the "Senior Citizens and Disabled
Persons Property Tax Relief and Pharmaceutical Assistance
Act" or who is the spouse of such a person shall be $24
instead of the fee otherwise provided in this Code for
passenger cars displaying standard multi-year registration
plates issued under Section 3-414.1, motor vehicles
displaying special registration plates issued under Section
3-616, motor vehicles registered at 8,000 pounds or less
under Section 3-815(a) and recreational vehicles registered
at 8,000 pounds or less under Section 3-815(b). Widows and
widowers of claimants shall also be entitled to this reduced
registration fee for the registration year in which the
claimant was eligible.
No more than one reduced registration fee under this
Section shall be allowed during any 12 month period based on
the primary eligibility of any individual, whether such
reduced registration fee is allowed to the individual or to
the spouse, widow or widower of such individual. This
Section does not apply to the fee paid in addition to the
registration fee for motor vehicles displaying vanity
personalized license plates under Section 3-806.1.
(Source: P.A. 91-37, eff. 7-1-99; revised 12-06-01.)
(625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
Sec. 6-205. Mandatory revocation of license or permit;
Hardship cases.
(a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license or permit of any
driver upon receiving a report of the driver's conviction of
any of the following offenses:
1. Reckless homicide resulting from the operation
of a motor vehicle;
2. Violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds, or any
combination thereof;
3. Any felony under the laws of any State or the
federal government in the commission of which a motor
vehicle was used;
4. Violation of Section 11-401 of this Code
relating to the offense of leaving the scene of a traffic
accident involving death or personal injury;
5. Perjury or the making of a false affidavit or
statement under oath to the Secretary of State under this
Code or under any other law relating to the ownership or
operation of motor vehicles;
6. Conviction upon 3 charges of violation of
Section 11-503 of this Code relating to the offense of
reckless driving committed within a period of 12 months;
7. Conviction of the offense of automobile theft as
defined in Section 4-102 of this Code;
8. Violation of Section 11-504 of this Code
relating to the offense of drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code
of 1961 arising from the use of a motor vehicle;
11. Violation of Section 11-204.1 of this Code
relating to aggravated fleeing or attempting to elude a
police officer;
12. Violation of paragraph (1) of subsection (b) of
Section 6-507, or a similar law of any other state,
relating to the unlawful operation of a commercial motor
vehicle;
13. Violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance if
the driver has been previously convicted of a violation
of that Section or a similar provision of a local
ordinance and the driver was less than 21 years of age at
the time of the offense.
(b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
1. Of any minor upon receiving the notice provided
for in Section 5-901 of the Juvenile Court Act of 1987
that the minor has been adjudicated under that Act as
having committed an offense relating to motor vehicles
prescribed in Section 4-103 of this Code;
2. Of any person when any other law of this State
requires either the revocation or suspension of a license
or permit.
(c) Whenever a person is convicted of any of the
offenses enumerated in this Section, the court may recommend
and the Secretary of State in his discretion, without regard
to whether the recommendation is made by the court may, upon
application, issue to the person a restricted driving permit
granting the privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of employment
or within the scope of the petitioner's employment related
duties, or to allow transportation for the petitioner or a
household member of the petitioner's family for the receipt
of necessary medical care or, if the professional evaluation
indicates, provide transportation for the petitioner for
alcohol remedial or rehabilitative activity, or for the
petitioner to attend classes, as a student, in an accredited
educational institution; if the petitioner is able to
demonstrate that no alternative means of transportation is
reasonably available and the petitioner will not endanger the
public safety or welfare; provided that the Secretary's
discretion shall be limited to cases where undue hardship
would result from a failure to issue the restricted driving
permit.
If a person's license or permit has been revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, arising out of
separate occurrences, that person, if issued a restricted
driving permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in
Section 1-129.1.
If a person's license or permit has been revoked or
suspended 2 or more times within a 10 year period due to a
single conviction of violating Section 11-501 of this Code or
a similar provision of a local ordinance or a similar
out-of-state offense, and a statutory summary suspension
under Section 11-501.1, or 2 or more statutory summary
suspensions, or combination of 2 offenses, or of an offense
and a statutory summary suspension, arising out of separate
occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been equipped
with an ignition interlock device as defined in Section
1-129.1. The person must pay to the Secretary of State DUI
Administration Fund an amount not to exceed $20 per month.
The Secretary shall establish by rule the amount and the
procedures, terms, and conditions relating to these fees. If
the restricted driving permit was issued for employment
purposes, then this provision does not apply to the operation
of an occupational vehicle owned or leased by that person's
employer. In each case the Secretary of State may issue a
restricted driving permit for a period he deems appropriate,
except that the permit shall expire within one year from the
date of issuance. The Secretary may not, however, issue a
restricted driving permit to any person whose current
revocation is the result of a second or subsequent conviction
for a violation of Section 11-501 of this Code or a similar
provision of a local ordinance relating to the offense of
operating or being in physical control of a motor vehicle
while under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any similar
out-of-state offense, or any combination thereof, until the
expiration of at least one year from the date of the
revocation. A restricted driving permit issued under this
Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may
be cancelled, revoked, or suspended; except that a conviction
upon one or more offenses against laws or ordinances
regulating the movement of traffic shall be deemed sufficient
cause for the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may, as a
condition to the issuance of a restricted driving permit,
require the applicant to participate in a designated driver
remedial or rehabilitative program. The Secretary of State is
authorized to cancel a restricted driving permit if the
permit holder does not successfully complete the program.
However, if an individual's driving privileges have been
revoked in accordance with paragraph 13 of subsection (a) of
this Section, no restricted driving permit shall be issued
until the individual has served 6 months of the revocation
period.
(d) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance, the Secretary of State shall revoke the
driving privileges of that person. One year after the date
of revocation, and upon application, the Secretary of State
may, if satisfied that the person applying will not endanger
the public safety or welfare, issue a restricted driving
permit granting the privilege of driving a motor vehicle only
between the hours of 5 a.m. and 9 p.m. or as otherwise
provided by this Section for a period of one year. After
this one year period, and upon reapplication for a license as
provided in Section 6-106, upon payment of the appropriate
reinstatement fee provided under paragraph (b) of Section
6-118, the Secretary of State, in his discretion, may issue
the applicant a license, or extend the restricted driving
permit as many times as the Secretary of State deems
appropriate, by additional periods of not more than 12 months
each, until the applicant attains 21 years of age.
If a person's license or permit has been revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, arising out of
separate occurrences, that person, if issued a restricted
driving permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in
Section 1-129.1.
If a person's license or permit has been revoked or
suspended 2 or more times within a 10 year period due to a
single conviction of violating Section 11-501 of this Code or
a similar provision of a local ordinance or a similar
out-of-state offense, and a statutory summary suspension
under Section 11-501.1, or 2 or more statutory summary
suspensions, or combination of 2 offenses, or of an offense
and a statutory summary suspension, arising out of separate
occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been equipped
with an ignition interlock device as defined in Section
1-129.1. The person must pay to the Secretary of State DUI
Administration Fund an amount not to exceed $20 per month.
The Secretary shall establish by rule the amount and the
procedures, terms, and conditions relating to these fees. If
the restricted driving permit was issued for employment
purposes, then this provision does not apply to the operation
of an occupational vehicle owned or leased by that person's
employer. A restricted driving permit issued under this
Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may
be cancelled, revoked, or suspended; except that a conviction
upon one or more offenses against laws or ordinances
regulating the movement of traffic shall be deemed sufficient
cause for the revocation, suspension, or cancellation of a
restricted driving permit. The revocation periods contained
in this subparagraph shall apply to similar out-of-state
convictions.
(e) This Section is subject to the provisions of the
Driver License Compact.
(f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a
like period of time.
(g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
(h) The Secretary of State shall require the use of
ignition interlock devices on all vehicles owned by an
individual who has been convicted of a second or subsequent
offense under Section 11-501 of this Code or a similar
provision of a local ordinance. The Secretary shall
establish by rule and regulation the procedures for
certification and use of the interlock system.
(i) The Secretary of State may not issue a restricted
driving permit for a period of one year after a second or
subsequent revocation of driving privileges under clause
(a)(2) of this Section; however, one year after the date of a
second or subsequent revocation of driving privileges under
clause (a)(2) of this Section, the Secretary of State may,
upon application, issue a restricted driving permit under the
terms and conditions of subsection (c).
(Source: P.A. 91-357, eff. 7-29-99; 92-248, eff. 8-3-01;
92-418, eff. 8-17-01; revised 8-24-01.)
(625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without
preliminary hearing upon a showing of the person's records or
other sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required
upon conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in
motor vehicle collisions or has been repeatedly convicted
of offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in death
or injury requiring immediate professional treatment in a
medical facility or doctor's office to any person, except
that any suspension or revocation imposed by the
Secretary of State under the provisions of this
subsection shall start no later than 6 months after being
convicted of violating a law or ordinance regulating the
movement of traffic, which violation is related to the
accident, or shall start not more than one year after the
date of the accident, whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an
examination provided for by Section 6-207 or has failed
to pass the examination;
8. Is ineligible for a driver's license or permit
under the provisions of Section 6-103;
9. Has made a false statement or knowingly
concealed a material fact or has used false information
or identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of
this State when the person's driving privilege or
privilege to obtain a driver's license or permit was
revoked or suspended unless the operation was authorized
by a judicial driving permit, probationary license to
drive, or a restricted driving permit issued under this
Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services
of another person to submit to any portion of the
application process for the purpose of obtaining a
license, identification card, or permit for some other
person;
13. Has operated a motor vehicle upon a highway of
this State when the person's driver's license or permit
was invalid under the provisions of Sections 6-107.1 and
6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
14B of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of
the Criminal Code of 1961 relating to criminal trespass
to vehicles in which case, the suspension shall be for
one year;
16. Has been convicted of violating Section 11-204
of this Code relating to fleeing from a police officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the
person has not sought a hearing as provided for in
Section 11-501.1;
18. Has, since issuance of a driver's license or
permit, been adjudged to be afflicted with or suffering
from any mental disability or disease;
19. Has committed a violation of paragraph (a) or
(b) of Section 6-101 relating to driving without a
driver's license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402
of this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1
of the Criminal Code of 1961 relating to unlawful use of
weapons, in which case the suspension shall be for one
year;
23. Has, as a driver, been convicted of committing
a violation of paragraph (a) of Section 11-502 of this
Code for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or
punished by non-judicial punishment by military
authorities of the United States at a military
installation in Illinois of or for a traffic related
offense that is the same as or similar to an offense
specified under Section 6-205 or 6-206 of this Code;
25. Has permitted any form of identification to be
used by another in the application process in order to
obtain or attempt to obtain a license, identification
card, or permit;
26. Has altered or attempted to alter a license or
has possessed an altered license, identification card, or
permit;
27. Has violated Section 6-16 of the Liquor Control
Act of 1934;
28. Has been convicted of the illegal possession,
while operating or in actual physical control, as a
driver, of a motor vehicle, of any controlled substance
prohibited under the Illinois Controlled Substances Act
or any cannabis prohibited under the provisions of the
Cannabis Control Act, in which case the person's driving
privileges shall be suspended for one year, and any
driver who is convicted of a second or subsequent
offense, within 5 years of a previous conviction, for the
illegal possession, while operating or in actual physical
control, as a driver, of a motor vehicle, of any
controlled substance prohibited under the provisions of
the Illinois Controlled Substances Act or any cannabis
prohibited under the Cannabis Control Act shall be
suspended for 5 years. Any defendant found guilty of this
offense while operating a motor vehicle, shall have an
entry made in the court record by the presiding judge
that this offense did occur while the defendant was
operating a motor vehicle and order the clerk of the
court to report the violation to the Secretary of State;
29. Has been convicted of the following offenses
that were committed while the person was operating or in
actual physical control, as a driver, of a motor vehicle:
criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual assault,
criminal sexual abuse, aggravated criminal sexual abuse,
juvenile pimping, soliciting for a juvenile prostitute
and the manufacture, sale or delivery of controlled
substances or instruments used for illegal drug use or
abuse in which case the driver's driving privileges shall
be suspended for one year;
30. Has been convicted a second or subsequent time
for any combination of the offenses named in paragraph 29
of this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 or has submitted to a test resulting in
an alcohol concentration of 0.08 or more or any amount of
a drug, substance, or compound resulting from the
unlawful use or consumption of cannabis as listed in the
Cannabis Control Act, a controlled substance as listed in
the Illinois Controlled Substances Act, or an
intoxicating compound as listed in the Use of
Intoxicating Compounds Act, in which case the penalty
shall be as prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 relating to the aggravated
discharge of a firearm if the offender was located in a
motor vehicle at the time the firearm was discharged, in
which case the suspension shall be for 3 years;
33. Has as a driver, who was less than 21 years of
age on the date of the offense, been convicted a first
time of a violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5
of this Code;
35. Has committed a violation of Section 11-1301.6
of this Code; or
36. Is under the age of 21 years at the time of
arrest and has been convicted of not less than 2
offenses against traffic regulations governing the
movement of vehicles committed within any 24 month
period. No revocation or suspension shall be entered
more than 6 months after the date of last conviction; or
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's
license, any traffic ticket issued when the person's driver's
license is deposited in lieu of bail, a suspension notice
issued by the Secretary of State, a duplicate or corrected
driver's license, a probationary driver's license or a
temporary driver's license.
(b) If any conviction forming the basis of a suspension
or revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be,
provided that a certified copy of a stay order of a court is
filed with the Secretary of State. If the conviction is
affirmed on appeal, the date of the conviction shall relate
back to the time the original judgment of conviction was
entered and the 6 month limitation prescribed shall not
apply.
(c) 1. Upon suspending or revoking the driver's license
or permit of any person as authorized in this Section,
the Secretary of State shall immediately notify the
person in writing of the revocation or suspension. The
notice to be deposited in the United States mail, postage
prepaid, to the last known address of the person.
2. If the Secretary of State suspends the driver's
license of a person under subsection 2 of paragraph (a)
of this Section, a person's privilege to operate a
vehicle as an occupation shall not be suspended, provided
an affidavit is properly completed, the appropriate fee
received, and a permit issued prior to the effective date
of the suspension, unless 5 offenses were committed, at
least 2 of which occurred while operating a commercial
vehicle in connection with the driver's regular
occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must
submit the affidavit on forms to be provided by the
Secretary of State setting forth the facts of the
person's occupation. The affidavit shall also state the
number of offenses committed while operating a vehicle in
connection with the driver's regular occupation. The
affidavit shall be accompanied by the driver's license.
Upon receipt of a properly completed affidavit, the
Secretary of State shall issue the driver a permit to
operate a vehicle in connection with the driver's regular
occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended
as set forth in the notice that was mailed under this
Section. If an affidavit is received subsequent to the
effective date of this suspension, a permit may be issued
for the remainder of the suspension period.
The provisions of this subparagraph shall not apply
to any driver required to obtain a commercial driver's
license under Section 6-507 during the period of a
disqualification of commercial driving privileges under
Section 6-514.
Any person who falsely states any fact in the
affidavit required herein shall be guilty of perjury
under Section 6-302 and upon conviction thereof shall
have all driving privileges revoked without further
rights.
3. At the conclusion of a hearing under Section
2-118 of this Code, the Secretary of State shall either
rescind or continue an order of revocation or shall
substitute an order of suspension; or, good cause
appearing therefor, rescind, continue, change, or extend
the order of suspension. If the Secretary of State does
not rescind the order, the Secretary may upon
application, to relieve undue hardship, issue a
restricted driving permit granting the privilege of
driving a motor vehicle between the petitioner's
residence and petitioner's place of employment or within
the scope of his employment related duties, or to allow
transportation for the petitioner, or a household member
of the petitioner's family, to receive necessary medical
care and if the professional evaluation indicates,
provide transportation for alcohol remedial or
rehabilitative activity, or for the petitioner to attend
classes, as a student, in an accredited educational
institution; if the petitioner is able to demonstrate
that no alternative means of transportation is reasonably
available and the petitioner will not endanger the public
safety or welfare.
If a person's license or permit has been revoked or
suspended due to 2 or more convictions of violating
Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense,
arising out of separate occurrences, that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
If a person's license or permit has been revoked or
suspended 2 or more times within a 10 year period due to
a single conviction of violating Section 11-501 of this
Code or a similar provision of a local ordinance or a
similar out-of-state offense, and a statutory summary
suspension under Section 11-501.1, or 2 or more statutory
summary suspensions, or combination of 2 offenses, or of
an offense and a statutory summary suspension, arising
out of separate occurrences, that person, if issued a
restricted driving permit, may not operate a vehicle
unless it has been equipped with an ignition interlock
device as defined in Section 1-129.1. The person must pay
to the Secretary of State DUI Administration Fund an
amount not to exceed $20 per month. The Secretary shall
establish by rule the amount and the procedures, terms,
and conditions relating to these fees. If the restricted
driving permit was issued for employment purposes, then
this provision does not apply to the operation of an
occupational vehicle owned or leased by that person's
employer. In each case the Secretary may issue a
restricted driving permit for a period deemed
appropriate, except that all permits shall expire within
one year from the date of issuance. The Secretary may
not, however, issue a restricted driving permit to any
person whose current revocation is the result of a second
or subsequent conviction for a violation of Section
11-501 of this Code or a similar provision of a local
ordinance relating to the offense of operating or being
in physical control of a motor vehicle while under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds, or any similar out-of-state
offense, or any combination of those offenses, until the
expiration of at least one year from the date of the
revocation. A restricted driving permit issued under this
Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and
for like cause as a driver's license issued under this
Code may be cancelled, revoked, or suspended; except that
a conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation, suspension,
or cancellation of a restricted driving permit. The
Secretary of State may, as a condition to the issuance of
a restricted driving permit, require the applicant to
participate in a designated driver remedial or
rehabilitative program. The Secretary of State is
authorized to cancel a restricted driving permit if the
permit holder does not successfully complete the program.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 18 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the
Drivers License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01;
92-458, eff. 8-22-01; revised 8-27-01.)
(625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
Sec. 6-208. Period of Suspension - Application After
Revocation.
(a) Except as otherwise provided by this Code or any
other law of this State, the Secretary of State shall not
suspend a driver's license, permit or privilege to drive a
motor vehicle on the highways for a period of more than one
year.
(b) Any person whose license, permit or privilege to
drive a motor vehicle on the highways has been revoked shall
not be entitled to have such license, permit or privilege
renewed or restored. However, such person may, except as
provided under subsection (d) of Section 6-205, make
application for a license pursuant to Section 6-106 (i) if
the revocation was for a cause which has been removed or (ii)
as provided in the following subparagraphs:
1. Except as provided in subparagraphs 2, 3, and 4,
the person may make application for a license after the
expiration of one year from the effective date of the
revocation or, in the case of a violation of paragraph
(b) of Section 11-401 of this Code or a similar provision
of a local ordinance, after the expiration of 3 years
from the effective date of the revocation or, in the case
of a violation of Section 9-3 of the Criminal Code of
1961 relating to the offense of reckless homicide, after
the expiration of 2 years from the effective date of the
revocation or after the expiration of 24 months from the
date of release from a period of imprisonment as provided
in Section 6-103 of this Code, whichever is later.
2. If such person is convicted of committing a
second violation within a 20 year period of:
(A) Section 11-501 of this Code, or a similar
provision of a local ordinance; or
(B) Paragraph (b) of Section 11-401 of this
Code, or a similar provision of a local ordinance;
or
(C) Section 9-3 of the Criminal Code of 1961,
as amended, relating to the offense of reckless
homicide; or
(D) any combination of the above offenses
committed at different instances;
then such person may not make application for a license
until after the expiration of 5 years from the effective
date of the most recent revocation. The 20 year period
shall be computed by using the dates the offenses were
committed and shall also include similar out-of-state
offenses.
3. However, except as provided in subparagraph 4,
if such person is convicted of committing a third, or
subsequent, violation or any combination of the above
offenses, including similar out-of-state offenses,
contained in subparagraph 2, then such person may not
make application for a license until after the expiration
of 10 years from the effective date of the most recent
revocation.
4. The person may not make application for a
license if the person is convicted of committing a fourth
or subsequent violation of Section 11-501 of this Code or
a similar provision of a local ordinance, Section 11-401
of this Code, Section 9-3 of the Criminal Code of 1961,
or a combination of these offenses or similar provisions
of local ordinances or similar out-of-state offenses.
Notwithstanding any other provision of this Code, all
persons referred to in this paragraph (b) may not have their
privileges restored until the Secretary receives payment of
the required reinstatement fee pursuant to subsection (b) of
Section 6-118.
In no event shall the Secretary issue such license unless
and until such person has had a hearing pursuant to this Code
and the appropriate administrative rules and the Secretary is
satisfied, after a review or investigation of such person,
that to grant the privilege of driving a motor vehicle on the
highways will not endanger the public safety or welfare.
(c) If a person prohibited under paragraph (2) or
paragraph (3) of subsection (c-4) of Section 11-501 from
driving any vehicle not equipped with an ignition interlock
device nevertheless is convicted of driving a vehicle that is
not equipped with the device, that person is prohibited from
driving any vehicle not equipped with an ignition interlock
device for an additional period of time equal to the initial
time period that the person was required to use an ignition
interlock device.
(Source: P.A. 91-357, eff. 7-29-99; 92-343, eff. 1-1-02;
92-418, eff. 8-17-01; 92-458, eff. 8-22-01; revised
10-12-01.)
(625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
Sec. 6-500. Definitions of words and phrases.
Notwithstanding the definitions set forth elsewhere in this
Code, for purposes of the Uniform Commercial Driver's License
Act (UCDLA), the words and phrases listed below shall have
the meanings ascribed to them as follows:
(1) Alcohol. "Alcohol" means any substance containing
any form of alcohol, including but not limited to: ethanol,;
methanol,; propanol, and isopropanol.
(2) Alcohol concentration. "Alcohol concentration"
means:
(A) (a) the number of grams of alcohol per 210
liters of breath; or
(B) (b) the number of grams of alcohol per 100
milliliters of blood; or
(C) (c) the number of grams of alcohol per 67
milliliters of urine.
Alcohol tests administered within 2 hours of the driver
being "stopped or detained" shall be considered that driver's
"alcohol concentration" for the purposes of enforcing this
UCDLA.
(3) (Blank).
(4) (Blank).
(5) (Blank).
(6) Commercial Motor Vehicle.
(A) "Commercial motor vehicle" means a motor
vehicle, except those referred to in subdivision (B)
paragraph (d), designed to transport passengers or
property if:
(i) (a) the vehicle has a GVWR of 26,001
pounds or more or such a lesser GVWR as subsequently
determined by federal regulations or the Secretary
of State; or any combination of vehicles with a GCWR
of 26,001 pounds or more, provided the GVWR of any
vehicle or vehicles being towed is 10,001 pounds or
more; or
(ii) (b) the vehicle is designed to transport
16 or more persons; or
(iii) (c) the vehicle is transporting
hazardous materials and is required to be placarded
in accordance with 49 C.F.R. Part 172, subpart F.
(B) (d) Pursuant to the interpretation of the
Commercial Motor Vehicle Safety Act of 1986 by the
Federal Highway Administration, the definition of
"commercial motor vehicle" does not include:
(i) recreational vehicles, when operated
primarily for personal use;
(ii) United States Department of Defense
vehicles being operated by non-civilian personnel.
This includes any operator on active military duty;
members of the Reserves; National Guard; personnel
on part-time training; and National Guard military
technicians (civilians who are required to wear
military uniforms and are subject to the Code of
Military Justice); or
(iii) firefighting and other emergency
equipment with audible and visual signals, owned or
operated by or for a governmental entity, which is
necessary to the preservation of life or property or
the execution of emergency governmental functions
which are normally not subject to general traffic
rules and regulations.
(7) Controlled Substance. "Controlled substance" shall
have the same meaning as defined in Section 102 of the
Illinois Controlled Substances Act, and shall also include
cannabis as defined in Section 3 of the Cannabis Control Act.
(8) Conviction. "Conviction" means an unvacated
adjudication of guilt or a determination that a person has
violated or failed to comply with the law in a court of
original jurisdiction or an authorized administrative
tribunal; an unvacated forfeiture of bail or collateral
deposited to secure the person's appearance in court; the
payment of a fine or court cost regardless of whether the
imposition of sentence is deferred and ultimately a judgment
dismissing the underlying charge is entered; or a violation
of a condition of release without bail, regardless of whether
or not the penalty is rebated, suspended or probated.
(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) (Blank).
(13) Driver. "Driver" means any person who drives,
operates, or is in physical control of a commercial motor
vehicle, or who is required to hold a CDL.
(14) Employee. "Employee" means a person who is
employed as a commercial motor vehicle driver. A person who
is self-employed as a commercial motor vehicle driver must
comply with the requirements of this UCDLA pertaining to
employees. An owner-operator on a long-term lease shall be
considered an employee.
(15) Employer. "Employer" means a person (including the
United States, a State or a local authority) who owns or
leases a commercial motor vehicle or assigns employees to
operate such a vehicle. A person who is self-employed as a
commercial motor vehicle driver must comply with the
requirements of this UCDLA.
(16) (Blank).
(17) Foreign jurisdiction. "Foreign jurisdiction" means
a sovereign jurisdiction that does not fall within the
definition of "State".
(18) (Blank).
(19) (Blank).
(20) Hazardous Material. Upon a finding by the United
States Secretary of Transportation, in his or her discretion,
under 49 App. U.S.C. 5103(a), that the transportation of a
particular quantity and form of material in commerce may pose
an unreasonable risk to health and safety or property, he or
she shall designate the quantity and form of material or
group or class of the materials as a hazardous material. The
materials so designated may include but are not limited to
explosives, radioactive materials, etiologic agents,
flammable liquids or solids, combustible liquids or solids,
poisons, oxidizing or corrosive materials, and compressed
gases.
(21) Long-term lease Long-term-lease. "Long-term lease"
"Long-term-lease" means a lease of a commercial motor vehicle
by the owner-lessor to a lessee, for a period of more than 29
days.
(22) Motor Vehicle. "Motor vehicle" means every vehicle
which is self-propelled, and every vehicle which is propelled
by electric power obtained from over head trolley wires but
not operated upon rails, except vehicles moved solely by
human power and motorized wheel chairs.
(23) Non-resident CDL. "Non-resident CDL" means a
commercial driver's license issued by a state to an
individual who is domiciled in a foreign jurisdiction.
(24) (Blank).
(25) (Blank).
(25.5) Railroad-Highway Grade Crossing Violation.
"Railroad-highway grade crossing violation" means a
violation, while operating a commercial motor vehicle, of any
of the following:
(A) (1) An offense listed in subsection (j) of
Section 6-514 of this Code.
(B) (2) Section 11-1201 of this Code.
(C) (3) Section 11-1201.1 of this Code.
(D) (4) Section 11-1202 of this Code.
(E) (5) Section 11-1203 of this Code.
(F) (6) 92 Illinois Administrative Code 392.10.
(G) (7) 92 Illinois Administrative Code 392.11.
(H) (8) Any local ordinance that is similar to any
of items (A) (1) through (G) (7).
(26) Serious Traffic Violation. "Serious traffic
violation" means:
(A) (a) a conviction when operating a commercial
motor vehicle of:
(i) a violation relating to excessive
speeding, involving a single speeding charge of 15
miles per hour or more above the legal speed limit;
or
(ii) a violation relating to reckless driving;
or
(iii) a violation of any State law or local
ordinance relating to motor vehicle traffic control
(other than parking violations) arising in
connection with a fatal traffic accident; or
(iv) a violation of Section 6-501, relating to
having multiple driver's licenses; or
(v) a violation of paragraph (a), of Section
6-507, relating to the requirement to have a valid
CDL; or
(vi) a violation relating to improper or
erratic traffic lane changes; or
(vii) a violation relating to following
another vehicle too closely; or
(B) (b) any other similar violation of a law or
local ordinance of any state relating to motor vehicle
traffic control, other than a parking violation, which
the Secretary of State determines by administrative rule
to be serious.
(27) State. "State" means a state of the United States,
the District of Columbia and any province or territory of
Canada.
(28) (Blank).
(29) (Blank).
(30) (Blank).
(31) (Blank).
(Source: P.A. 92-249, eff. 1-1-02; revised 9-19-01.)
(625 ILCS 5/7-501) (from Ch. 95 1/2, par. 7-501)
Sec. 7-501. Assigned Risk Plans. If, on or before
January 1, 1946, every insurance carrier authorized to write
automobile bodily injury liability insurance in this State
shall not subscribe to an assigned risk plan approved by the
Director of Insurance, providing that no carrier may withdraw
therefrom after approval of the Director, the Director of
Insurance shall, when he finds that an application for
bodily injury or property damage insurance by a risk, which
may become subject to this Act or is a local public entity
subject to the Local Governmental and Governmental Employees
Tort Immunity Act, and in good faith is entitled to such
insurance, has been rejected by 3 insurance carriers,
designate an insurance carrier which shall be obligated to
issue forthwith its usual form of policy providing such
insurance for such risk. The Director shall make equitable
distribution of such assignments among insurance carriers
proportionate, so far as practicable, by premiums to the
respective net direct automobile bodily injury premium
writings of the carriers authorized to do business in this
State. The Director of Insurance shall establish rules and
regulations for the administration of the provisions of this
Section.
If any carrier refuses or neglects to comply with the
provisions of this Section or with any lawful order or ruling
made by the Director of Insurance pursuant to this Section,
the Director may, after notice and hearing, suspend the
license of such carrier to transact any insurance business in
this State until such carrier shall have complied with such
order. The provisions of the Administrative Review Law, and
all amendments and modifications thereof, and the rules
adopted pursuant thereto, shall apply to and govern all
proceedings for the judicial review of final administrative
decisions of the Director of Insurance hereunder.
(Source: P.A. 90-89, eff. 1-1-98; revised 12-07-01.)
(625 ILCS 5/11-207) (from Ch. 95 1/2, par. 11-207)
Sec. 11-207. Provisions of this Chapter Act uniform
throughout State. The provisions of this Chapter shall be
applicable and uniform throughout this State and in all
political subdivisions and municipalities therein, and no
local authority shall enact or enforce any ordinance rule or
regulation in conflict with the provisions of this Chapter
unless expressly authorized herein. Local authorities may,
however, adopt additional traffic regulations which are not
in conflict with the provisions of this Chapter, but such
regulations shall not be effective until signs giving
reasonable notice thereof are posted.
(Source: P.A. 85-532; revised 12-04-01.)
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds or any combination thereof.
(a) A person shall not drive or be in actual physical
control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood
or breath is 0.08 or more based on the definition of
blood and breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating
compound or combination of intoxicating compounds to a
degree that renders the person incapable of driving
safely;
(4) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(5) under the combined influence of alcohol, other
drug or drugs, or intoxicating compound or compounds to a
degree that renders the person incapable of safely
driving; or
(6) there is any amount of a drug, substance, or
compound in the person's breath, blood, or urine
resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances
Act, or an intoxicating compound listed in the Use of
Intoxicating Compounds Act.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, or intoxicating compound or compounds, or any
combination thereof, shall not constitute a defense against
any charge of violating this Section.
(c) Except as provided under paragraphs (c-3), (c-4),
and (d) of this Section, every person convicted of violating
this Section or a similar provision of a local ordinance,
shall be guilty of a Class A misdemeanor and, in addition to
any other criminal or administrative action, for any second
conviction of violating this Section or a similar provision
of a law of another state or local ordinance committed within
5 years of a previous violation of this Section or a similar
provision of a local ordinance shall be mandatorily sentenced
to a minimum of 5 days of imprisonment or assigned to a
minimum of 30 days of community service as may be determined
by the court. Every person convicted of violating this
Section or a similar provision of a local ordinance shall be
subject to an additional mandatory minimum fine of $500 and
an additional mandatory 5 days of community service in a
program benefiting children if the person committed a
violation of paragraph (a) or a similar provision of a local
ordinance while transporting a person under age 16. Every
person convicted a second time for violating this Section or
a similar provision of a local ordinance within 5 years of a
previous violation of this Section or a similar provision of
a law of another state or local ordinance shall be subject to
an additional mandatory minimum fine of $500 and an
additional 10 days of mandatory community service in a
program benefiting children if the current offense was
committed while transporting a person under age 16. The
imprisonment or assignment under this subsection shall not be
subject to suspension nor shall the person be eligible for
probation in order to reduce the sentence or assignment.
(c-1) (1) A person who violates this Section during a
period in which his or her driving privileges are revoked
or suspended, where the revocation or suspension was for
a violation of this Section, Section 11-501.1, paragraph
(b) of Section 11-401, or Section 9-3 of the Criminal
Code of 1961 is guilty of a Class 4 felony.
(2) A person who violates this Section a third time
during a period in which his or her driving privileges
are revoked or suspended where the revocation or
suspension was for a violation of this Section, Section
11-501.1, paragraph (b) of Section 11-401, or Section 9-3
of the Criminal Code of 1961 is guilty of a Class 3
felony.
(3) A person who violates this Section a fourth or
subsequent time during a period in which his or her
driving privileges are revoked or suspended where the
revocation or suspension was for a violation of this
Section, Section 11-501.1, paragraph (b) of Section
11-401, or Section 9-3 of the Criminal Code of 1961 is
guilty of a Class 2 felony.
(c-2) (Blank).
(c-3) Every person convicted of violating this Section
or a similar provision of a local ordinance who had a
child under age 16 in the vehicle at the time of the
offense shall have his or her punishment under this Act
enhanced by 2 days of imprisonment for a first offense,
10 days of imprisonment for a second offense, 30 days of
imprisonment for a third offense, and 90 days of
imprisonment for a fourth or subsequent offense, in
addition to the fine and community service required under
subsection (c) and the possible imprisonment required
under subsection (d). The imprisonment or assignment
under this subsection shall not be subject to suspension
nor shall the person be eligible for probation in order
to reduce the sentence or assignment.
(c-4) When a person is convicted of violating Section
11-501 of this Code or a similar provision of a local
ordinance, the following penalties apply when his or her
blood, breath, or urine was .16 or more based on the
definition of blood, breath, or urine units in Section
11-501.2 or when that person is convicted of violating this
Section while transporting a child under the age of 16:
(1) A person who is convicted of violating
subsection (a) of Section 11-501 of this Code a first
time, in addition to any other penalty that may be
imposed under subsection (c), is subject to a mandatory
minimum of 100 hours of community service and a minimum
fine of $500.
(2) A person who is convicted of violating
subsection (a) of Section 11-501 of this Code a second
time within 10 years, in addition to any other penalty
that may be imposed under subsection (c), is subject to a
mandatory minimum of 2 days of imprisonment and a minimum
fine of $1,250.
(3) A person who is convicted of violating
subsection (a) of Section 11-501 of this Code a third
time within 20 years is guilty of a Class 4 felony and,
in addition to any other penalty that may be imposed
under subsection (c), is subject to a mandatory minimum
of 90 days of imprisonment and a minimum fine of $2,500.
(4) A person who is convicted of violating this
subsection (c-4) a fourth or subsequent time is guilty of
a Class 2 felony and, in addition to any other penalty
that may be imposed under subsection (c), is not eligible
for a sentence of probation or conditional discharge and
is subject to a minimum fine of $2,500.
(d) (1) Every person convicted of committing a violation
of this Section shall be guilty of aggravated driving
under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof if:
(A) the person committed a violation of this
Section, or a similar provision of a law of another
state or a local ordinance when the cause of action
is the same as or substantially similar to this
Section, for the third or subsequent time;
(B) the person committed a violation of
paragraph (a) while driving a school bus with
children on board;
(C) the person in committing a violation of
paragraph (a) was involved in a motor vehicle
accident that resulted in great bodily harm or
permanent disability or disfigurement to another,
when the violation was a proximate cause of the
injuries;
(D) the person committed a violation of
paragraph (a) for a second time and has been
previously convicted of violating Section 9-3 of the
Criminal Code of 1961 relating to reckless homicide
in which the person was determined to have been
under the influence of alcohol, other drug or drugs,
or intoxicating compound or compounds as an element
of the offense or the person has previously been
convicted under subparagraph (C) of this paragraph
(1); or
(E) the person, in committing a violation of
paragraph (a) while driving at any speed in a school
speed zone at a time when a speed limit of 20 miles
per hour was in effect under subsection (a) of
Section 11-605 of this Code, was involved in a motor
vehicle accident that resulted in bodily harm, other
than great bodily harm or permanent disability or
disfigurement, to another person, when the violation
of paragraph (a) was a proximate cause of the bodily
harm.
(2) Aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof is a Class 4
felony. For , , or (E) a violation of subparagraph (C)
of paragraph (1) of this subsection (d), the defendant,
if sentenced to a term of imprisonment, shall be
sentenced to not less than one year nor more than 12
years. For any prosecution under this subsection (d), a
certified copy of the driving abstract of the defendant
shall be admitted as proof of any prior conviction.
(e) After a finding of guilt and prior to any final
sentencing, or an order for supervision, for an offense based
upon an arrest for a violation of this Section or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol, drug, or intoxicating compound abuse problem exists
and the extent of the problem, and undergo the imposition of
treatment as appropriate. Programs conducting these
evaluations shall be licensed by the Department of Human
Services. The cost of any professional evaluation shall be
paid for by the individual required to undergo the
professional evaluation.
(f) Every person found guilty of violating this Section,
whose operation of a motor vehicle while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the
expense of an emergency response as provided under Section
5-5-3 of the Unified Code of Corrections.
(g) The Secretary of State shall revoke the driving
privileges of any person convicted under this Section or a
similar provision of a local ordinance.
(h) Every person sentenced under paragraph (2) or (3) of
subsection (c-1) of this Section or subsection (d) of this
Section and who receives a term of probation or conditional
discharge shall be required to serve a minimum term of either
60 days community service or 10 days of imprisonment as a
condition of the probation or conditional discharge. This
mandatory minimum term of imprisonment or assignment of
community service shall not be suspended and shall not be
subject to reduction by the court.
(i) The Secretary of State shall require the use of
ignition interlock devices on all vehicles owned by an
individual who has been convicted of a second or subsequent
offense of this Section or a similar provision of a local
ordinance. The Secretary shall establish by rule and
regulation the procedures for certification and use of the
interlock system.
(j) In addition to any other penalties and liabilities,
a person who is found guilty of or pleads guilty to violating
this Section, including any person placed on court
supervision for violating this Section, shall be fined $100,
payable to the circuit clerk, who shall distribute the money
to the law enforcement agency that made the arrest. If the
person has been previously convicted of violating this
Section or a similar provision of a local ordinance, the fine
shall be $200. In the event that more than one agency is
responsible for the arrest, the $100 or $200 shall be shared
equally. Any moneys received by a law enforcement agency
under this subsection (j) shall be used to purchase law
enforcement equipment that will assist in the prevention of
alcohol related criminal violence throughout the State. This
shall include, but is not limited to, in-car video cameras,
radar and laser speed detection devices, and alcohol breath
testers. Any moneys received by the Department of State
Police under this subsection (j) shall be deposited into the
State Police DUI Fund and shall be used to purchase law
enforcement equipment that will assist in the prevention of
alcohol related criminal violence throughout the State.
(Source: P.A. 91-126, eff. 7-16-99; 91-357, eff. 7-29-99;
91-692, eff. 4-13-00; 91-822, eff. 6-13-00; 92-248, eff.
8-3-01; 92-418, eff. 8-17-01; 92-420, eff. 8-17-01; 92-429,
eff. 1-1-02; 92-431, eff. 1-1-02; revised 10-12-01.)
(625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
Sec. 11-1201. Obedience to signal indicating approach of
train.
(a) Whenever any person driving a vehicle approaches a
railroad grade crossing such person must exercise due care
and caution as the existence of a railroad track across a
highway is a warning of danger, and under any of the
circumstances stated in this Section, the driver shall stop
within 50 feet but not less than 15 feet from the nearest
rail of the railroad and shall not proceed until he can do so
safely. The foregoing requirements shall apply when:
1. A clearly visible electric or mechanical signal
device gives warning of the immediate approach of a
railroad train;
2. A crossing gate is lowered or a human flagman
gives or continues to give a signal of the approach or
passage of a railroad train;
3. A railroad train approaching a highway crossing
emits a warning signal and such railroad train, by reason
of its speed or nearness to such crossing, is an
immediate hazard;
4. An approaching railroad train is plainly visible
and is in hazardous proximity to such crossing;.
5. A railroad train is approaching so closely that
an immediate hazard is created.
(b) No person shall drive any vehicle through, around or
under any crossing gate or barrier at a railroad crossing
while such gate or barrier is closed or is being opened or
closed.
(c) The Department, and local authorities with the
approval of the Department, are hereby authorized to
designate particularly dangerous highway grade crossings of
railroads and to erect stop signs thereat. When such stop
signs are erected the driver of any vehicle shall stop within
50 feet but not less than 15 feet from the nearest rail of
such railroad and shall proceed only upon exercising due
care.
(d) At any railroad grade crossing provided with
railroad crossbuck signs, without automatic, electric, or
mechanical signal devices, crossing gates, or a human flagman
giving a signal of the approach or passage of a train, the
driver of a vehicle shall in obedience to the railroad
crossbuck sign, yield the right-of-way and slow down to a
speed reasonable for the existing conditions and shall stop,
if required for safety, at a clearly marked stopped line, or
if no stop line, within 50 feet but not less than 15 feet
from the nearest rail of the railroad and shall not proceed
until he or she can do so safely. If a driver is involved in
a collision at a railroad crossing or interferes with the
movement of a train after driving past the railroad crossbuck
sign, the collision or interference is prima facie evidence
of the driver's failure to yield right-of-way.
(d-5) No person may drive any vehicle through a railroad
crossing if there is insufficient space to drive completely
through the crossing without stopping.
(e) It is unlawful to violate any part of this Section.
A first conviction of a person for a violation of any part of
this Section shall result in a mandatory fine of $250; all
subsequent convictions of that person for any violation of
any part of this Section shall each result in a mandatory
fine of $500.
(f) Corporate authorities of municipal corporations
regulating operators of vehicles that fail to obey signals
indicating the presence, approach, passage, or departure of a
train shall impose fines as established in subsection (e) of
this Section.
(Source: P.A. 92-245, eff. 8-3-01; 92-249, eff. 1-1-02;
revised 9-19-01)
(625 ILCS 5/11-1201.1)
Sec. 11-1201.1. Automated Railroad Crossing Enforcement
System.
(a) For the purposes of this Section, an automated
railroad grade crossing enforcement system is a system
operated by a law enforcement agency that records a driver's
response to automatic, electrical or mechanical signal
devices and crossing gates. The system shall be designed to
obtain a clear photograph or other recorded image of the
vehicle, vehicle operator and the vehicle registration plate
of a vehicle in violation of Section 11-1201. The photograph
or other recorded image shall also display the time, date and
location of the violation.
(b) Commencing on January 1, 1996, the Illinois Commerce
Commission and the Commuter Rail Board of the Regional
Transportation Authority shall, in cooperation with local law
enforcement agencies, establish a 5 year pilot program within
a county with a population of between 750,000 and 1,000,000
using an automated railroad grade crossing enforcement
system. The Commission shall determine the 3 railroad grade
crossings within that county that pose the greatest threat to
human life based upon the number of accidents and fatalities
at the crossings during the past 5 years and with approval of
the local law enforcement agency equip the crossings with an
automated railroad grade crossing enforcement system.
(b-1) Commencing on July 20, 2001 (the effective date of
Public Act 92-98) this amendatory Act of the 92nd General
Assembly, the Illinois Commerce Commission and the Commuter
Rail Board may, in cooperation with the local law enforcement
agency, establish in a county with a population of between
750,000 and 1,000,000 a 2 year pilot program using an
automated railroad grade crossing enforcement system. This
pilot program may be established at a railroad grade crossing
designated by local authorities. No State moneys may be
expended on the automated railroad grade crossing enforcement
system established under this pilot program.
(c) For each violation of Section 11-1201 recorded by an
automatic railroad grade crossing system, the local law
enforcement agency having jurisdiction shall issue a written
Uniform Traffic Citation of the violation to the registered
owner of the vehicle as the alleged violator. The Uniform
Traffic Citation shall be delivered to the registered owner
of the vehicle, by mail, within 30 days of the violation.
The Uniform Traffic Citation shall include the name and
address of vehicle owner, the vehicle registration number,
the offense charged, the time, date, and location of the
violation, the first available court date and that the basis
of the citation is the photograph or other recorded image
from the automated railroad grade crossing enforcement
system.
(d) The Uniform Traffic Citation issued to the
registered owner of the vehicle shall be accompanied by a
written notice, the contents of which is set forth in
subsection (d-1) of this Section, explaining how the
registered owner of the vehicle can elect to proceed by
either paying the fine or challenging the issuance of the
Uniform Traffic Citation.
(d-1) The written notice explaining the alleged
violator's rights and obligations must include the following
text:
"You have been served with the accompanying Uniform
Traffic Citation and cited with having violated Section
11-1201 of the Illinois Vehicle Code. You can elect to
proceed by:
1. Paying the fine; or
2. Challenging the issuance of the Uniform Traffic
Citation in court; or
3. If you were not the operator of the vehicle at the
time of the alleged offense, notifying in writing the
local law enforcement agency that issued the Uniform
Traffic Citation of the number of the Uniform Traffic
Citation received and the name and address of the person
operating the vehicle at the time of the alleged offense.
If you fail to so notify in writing the local law
enforcement agency of the name and address of the
operator of the vehicle at the time of the alleged
offense, you may be presumed to have been the operator of
the vehicle at the time of the alleged offense."
(d-2) If the registered owner of the vehicle was not the
operator of the vehicle at the time of the alleged offense,
and if the registered owner notifies the local law
enforcement agency having jurisdiction of the name and
address of the operator of the vehicle at the time of the
alleged offense, the local law enforcement agency having
jurisdiction shall then issue a written Uniform Traffic
Citation to the person alleged by the registered owner to
have been the operator of the vehicle at the time of the
alleged offense. If the registered owner fails to notify in
writing the local law enforcement agency having jurisdiction
of the name and address of the operator of the vehicle at the
time of the alleged offense, the registered owner may be
presumed to have been the operator of the vehicle at the time
of the alleged offense.
(e) Evidence.
(i) A certificate alleging that a violation of
Section 11-1201 occurred, sworn to or affirmed by a duly
authorized agency, based on inspection of recorded images
produced by an automated railroad crossing enforcement
system are evidence of the facts contained in the
certificate and are admissible in any proceeding alleging
a violation under this Section.
(ii) Photographs or recorded images made by an
automatic railroad grade crossing enforcement system are
confidential and shall be made available only to the
alleged violator and governmental and law enforcement
agencies for purposes of adjudicating a violation of
Section 11-1201 of the Illinois Vehicle Code. However,
any photograph or other recorded image evidencing a
violation of Section 11-1201 shall be admissible in any
proceeding resulting from the issuance of the Uniform
Traffic Citation when there is reasonable and sufficient
proof of the accuracy of the camera or electronic
instrument recording the image. There is a rebuttable
presumption that the photograph or recorded image is
accurate if the camera or electronic recording instrument
was in good working order at the beginning and the end of
the day of the alleged offense.
(f) Rail crossings equipped with an automatic railroad
grade crossing enforcement system shall be posted with a sign
visible to approaching traffic stating that the railroad
grade crossing is being monitored, that citations will be
issued, and the amount of the fine for violation.
(g) Except as provided in subsection (b-1), the cost of
the installation and maintenance of each automatic railroad
grade crossing enforcement system shall be paid from the
Grade Crossing Protection Fund if the rail line is not owned
by Commuter Rail Board of the Regional Transportation
Authority. Except as provided in subsection (b-1), if the
rail line is owned by the Commuter Rail Board of the Regional
Transportation Authority, the costs of the installation and
maintenance shall be paid from the Regional Transportation
Authority's portion of the Public Transportation Fund.
(h) The Illinois Commerce Commission shall issue a
report to the General Assembly at the conclusion of the 5
year pilot program established under subsection (b) on the
effectiveness of the automatic railroad grade crossing
enforcement system.
(i) If any part or parts of this Section are held by a
court of competent jurisdiction to be unconstitutional, the
unconstitutionality shall not affect the validity of the
remaining parts of this Section. The General Assembly hereby
declares that it would have passed the remaining parts of
this Section if it had known that the other part or parts of
this Section would be declared unconstitutional.
(j) Penalty.
(i) A violation of this Section is a petty offense
for which a fine of $250 shall be imposed for a first
violation, and a fine of $500 shall be imposed for a
second or subsequent violation.
(ii) For a second or subsequent violation, the
Secretary of State may suspend the registration of the
motor vehicle for a period of at least 6 months.
(Source: P.A. 92-98, eff. 7-20-01; 92-245, eff. 8-3-01;
revised 10-18-01.)
(625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
Sec. 12-215. Oscillating, rotating or flashing lights on
motor vehicles. Except as otherwise provided in this Code:
(a) The use of red or white oscillating, rotating or
flashing lights, whether lighted or unlighted, is prohibited
except on:
1. Law enforcement vehicles of State, Federal or
local authorities;
2. A vehicle operated by a police officer or county
coroner and designated or authorized by local
authorities, in writing, as a law enforcement vehicle;
however, such designation or authorization must be
carried in the vehicle;
3. Vehicles of local fire departments and State or
federal firefighting vehicles;
4. Vehicles which are designed and used exclusively
as ambulances or rescue vehicles; furthermore, such
lights shall not be lighted except when responding to an
emergency call for and while actually conveying the sick
or injured;
5. Tow trucks licensed in a state that requires
such lights; furthermore, such lights shall not be
lighted on any such tow truck while the tow truck is
operating in the State of Illinois; and
6. Vehicles of the Illinois Emergency Management
Agency, and vehicles of the Department of Nuclear Safety.
(b) The use of amber oscillating, rotating or flashing
lights, whether lighted or unlighted, is prohibited except
on:
1. Second division vehicles designed and used for
towing or hoisting vehicles; furthermore, such lights
shall not be lighted except as required in this paragraph
1; such lights shall be lighted when such vehicles are
actually being used at the scene of an accident or
disablement; if the towing vehicle is equipped with a
flat bed that supports all wheels of the vehicle being
transported, the lights shall not be lighted while the
vehicle is engaged in towing on a highway; if the towing
vehicle is not equipped with a flat bed that supports all
wheels of a vehicle being transported, the lights shall
be lighted while the towing vehicle is engaged in towing
on a highway during all times when the use of headlights
is required under Section 12-201 of this Code;
2. Motor vehicles or equipment of the State of
Illinois, local authorities and contractors; furthermore,
such lights shall not be lighted except while such
vehicles are engaged in maintenance or construction
operations within the limits of construction projects;
3. Vehicles or equipment used by engineering or
survey crews; furthermore, such lights shall not be
lighted except while such vehicles are actually engaged
in work on a highway;
4. Vehicles of public utilities, municipalities, or
other construction, maintenance or automotive service
vehicles except that such lights shall be lighted only as
a means for indicating the presence of a vehicular
traffic hazard requiring unusual care in approaching,
overtaking or passing while such vehicles are engaged in
maintenance, service or construction on a highway;
5. Oversized vehicle or load; however, such lights
shall only be lighted when moving under permit issued by
the Department under Section 15-301 of this Code;
6. The front and rear of motorized equipment owned
and operated by the State of Illinois or any political
subdivision thereof, which is designed and used for
removal of snow and ice from highways;
7. Fleet safety vehicles registered in another
state, furthermore, such lights shall not be lighted
except as provided for in Section 12-212 of this Code;
8. Such other vehicles as may be authorized by
local authorities;
9. Law enforcement vehicles of State or local
authorities when used in combination with red
oscillating, rotating or flashing lights;
10. Vehicles used for collecting or delivering mail
for the United States Postal Service provided that such
lights shall not be lighted except when such vehicles are
actually being used for such purposes;
11. Any vehicle displaying a slow-moving vehicle
emblem as provided in Section 12-205.1;
12. All trucks equipped with self-compactors or
roll-off hoists and roll-on containers for garbage or
refuse hauling. Such lights shall not be lighted except
when such vehicles are actually being used for such
purposes;
13. Vehicles used by a security company, alarm
responder, or control agency, if the security company,
alarm responder, or control agency is bound by a contract
with a federal, State, or local government entity to use
the lights; and
14. Security vehicles of the Department of Human
Services; however, the lights shall not be lighted except
when being used for security related purposes under the
direction of the superintendent of the facility where the
vehicle is located.
(c) The use of blue oscillating, rotating or flashing
lights, whether lighted or unlighted, is prohibited except
on:
1. Rescue squad vehicles not owned by a fire
department and vehicles owned or fully operated by a:
voluntary firefighter;
paid firefighter;
part-paid firefighter;
call firefighter;
member of the board of trustees of a fire
protection district;
paid or unpaid member of a rescue squad; or
paid or unpaid member of a voluntary ambulance
unit.
However, such lights are not to be lighted except
when responding to a bona fide emergency.
2. Police department vehicles in cities having a
population of 500,000 or more inhabitants.
3. Law enforcement vehicles of State or local
authorities when used in combination with red
oscillating, rotating or flashing lights.
4. Vehicles of local fire departments and State or
federal firefighting vehicles when used in combination
with red oscillating, rotating or flashing lights.
5. Vehicles which are designed and used exclusively
as ambulances or rescue vehicles when used in combination
with red oscillating, rotating or flashing lights;
furthermore, such lights shall not be lighted except when
responding to an emergency call.
6. Vehicles that are equipped and used exclusively
as organ transport vehicles when used in combination with
red oscillating, rotating, or flashing lights;
furthermore, these lights shall only be lighted when the
transportation is declared an emergency by a member of
the transplant team or a representative of the organ
procurement organization.
7. Vehicles of the Illinois Emergency Management
Agency and vehicles of the Department of Nuclear Safety,
when used in combination with red oscillating, rotating,
or flashing lights.
(c-1) In addition to the blue oscillating, rotating, or
flashing lights permitted under subsection (c), and
notwithstanding subsection (a), a vehicle operated by a
voluntary firefighter may be equipped with flashing white
headlights and blue grill lights, which may be used only in
responding to an emergency call.
(d) The use of a combination of amber and white
oscillating, rotating or flashing lights, whether lighted or
unlighted, is prohibited, except motor vehicles or equipment
of the State of Illinois, local authorities and contractors
may be so equipped; furthermore, such lights shall not be
lighted except while such vehicles are engaged in highway
maintenance or construction operations within the limits of
highway construction projects.
(e) All oscillating, rotating or flashing lights
referred to in this Section shall be of sufficient intensity,
when illuminated, to be visible at 500 feet in normal
sunlight.
(f) Nothing in this Section shall prohibit a
manufacturer of oscillating, rotating or flashing lights or
his representative from temporarily mounting such lights on a
vehicle for demonstration purposes only.
(g) Any person violating the provisions of subsections
(a), (b), (c) or (d) of this Section who without lawful
authority stops or detains or attempts to stop or detain
another person shall be guilty of a Class 4 felony.
(h) Except as provided in subsection (g) above, any
person violating the provisions of subsections (a) or (c) of
this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 91-357, eff. 7-29-99; 92-138, eff. 7-24-01;
92-407, eff. 8-17-01; revised 9-12-01)
(625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
Sec. 18b-105. Rules and Regulations.
(a) The Department is authorized to make and adopt
reasonable rules and regulations and orders consistent with
law necessary to carry out the provisions of this Chapter.
(b) The following parts of Title 49 of the Code of
Federal Regulations, as now in effect, are hereby adopted by
reference as though they were set out in full:
Part 383 - Commercial Driver's License Standards,
Requirements, and Penalties;
Part 385 - Safety Fitness Procedures;
Part 390 - Federal Motor Carrier Safety Regulations:
General;
Part 391 - Qualifications of Drivers;
Part 392 - Driving of Motor Vehicles;
Part 393 - Parts and Accessories Necessary for Safe
Operation;
Part 395 - Hours of Service of Drivers, except as
provided in Section 18b-106.1; and
Part 396 - Inspection, Repair and Maintenance.
(c) The following parts and Sections of the Federal
Motor Carrier Safety Regulations shall not apply to those
intrastate carriers, drivers or vehicles subject to
subsection (b).
(1) Section 393.93 of Part 393 for those vehicles
manufactured before June 30, 1972.
(2) Section 393.86 of Part 393 for those vehicles
which are registered as farm trucks under subsection (c)
of Section 3-815 of this The Illinois Vehicle Code.
(3) (Blank).
(4) (Blank).
(5) Paragraph (b)(1) of Section 391.11 of Part 391.
(6) All of Part 395 for all agricultural movements
as defined in Chapter 1, between the period of February 1
through November 30 each year, and all farm to market
agricultural transportation as defined in Chapter 1 and
for grain hauling operations within a radius of 200 air
miles of the normal work reporting location.
(7) Paragraphs (b)(3) (insulin dependent diabetic)
and (b)(10) (minimum visual acuity) of Section 391.41 of
part 391, but only for any driver who immediately prior
to July 29, 1986 was eligible and licensed to operate a
motor vehicle subject to this Section and was engaged in
operating such vehicles, and who was disqualified on July
29, 1986 by the adoption of Part 391 by reason of the
application of paragraphs (b)(3) and (b)(10) of Section
391.41 with respect to a physical condition existing at
that time unless such driver has a record of accidents
which would indicate a lack of ability to operate a motor
vehicle in a safe manner.
(d) Intrastate carriers subject to the recording
provisions of Section 395.8 of Part 395 of the Federal Motor
Carrier Safety Regulations shall be exempt as established
under paragraph (1) of Section 395.8; provided, however, for
the purpose of this Code, drivers shall operate within a 150
air-mile radius of the normal work reporting location to
qualify for exempt status.
(e) Regulations adopted by the Department subsequent to
those adopted under subsection (b) hereof shall be identical
in substance to the Federal Motor Carrier Safety Regulations
of the United States Department of Transportation and adopted
in accordance with the procedures for rulemaking in Section
5-35 of the Illinois Administrative Procedure Act.
(Source: P.A. 91-179, eff. 1-1-00; 92-108; eff. 1-1-02;
92-249; eff. 1-1-02; revised 1-28-02.)
(625 ILCS 5/18c-2108) (from Ch. 95 1/2, par. 18c-2108)
Sec. 18c-2108. Orders in other than household goods
carriers authority and enforcement proceedings.
(1) Emergency Orders. The Commission may, on request,
and upon a finding that urgent and immediate public need
requires emergency temporary action, issue orders granting
emergency temporary relief in other than household goods
carrier authority or enforcement cases. The Commission shall
promptly post notice of any such request at a prominent
location at the Commission offices in Springfield and
Chicago, and where action affecting a specific named person
is requested shall promptly notify the person by telephone or
telegram. Such orders may be issued without hearing and
shall remain in effect pending notice and hearing in
accordance with subsection (1) of Section 18c-2101 of this
Chapter, but shall not remain in effect for a period
exceeding 45 days from issuance, and shall not be renewed or
extended. Any person in opposition to such relief shall be
entitled, on request, to an oral hearing on or the request
for emergency temporary relief. The filing or granting of
such request for oral hearing shall not, unless the
Commission so provides, stay the issuance or effect of any
emergency temporary order under this subsection.
(2) Interim Orders. The Commission may, on request,
issue interim orders making temporary disposition of issues
in a proceeding, other than a household goods carrier
authority or enforcement proceeding, after notice and hearing
on written submissions. Such orders shall remain in effect
pending final disposition in accordance with Section 18c-2102
of this Chapter unless otherwise provided in the interim
order or the interim order is modified or rescinded by the
Commission. Any person in opposition to such relief shall be
entitled, on request, to an oral hearing on the request for
temporary relief. The filing or granting of such a request
for oral hearing shall not, unless the Commission so
provides, stay the issuance or effect of any interim order
under this subsection. A request for oral hearing on a
request for temporary relief shall, unless otherwise
specified by the party making the request for oral hearing,
be construed as a request for oral hearing on the application
for permanent relief as well.
(3) Final orders. Any party to a proceeding before the
Commission shall be entitled, on timely written request, to
an oral hearing prior to issuance of a final order in the
proceeding. Where the Commission has issued an interim order
and no timely request for oral hearing has been filed or is
pending, the Commission may issue a final order without oral
hearing, except in household goods carrier authority
proceedings.
(4) Section not applicable to household goods carrier
authority proceedings. Nothing in this Section shall have
application to any household goods carrier authority
proceeding.
(Source: P.A. 89-444, eff. 1-25-96; revised 12-07-01.)
Section 78. The Boat Registration and Safety Act is
amended by changing Section 5-7 as follows:
(625 ILCS 45/5-7) (from Ch. 95 1/2, par. 315-7)
Sec. 5-7. Restricted areas. No person shall operate a
watercraft within a water area that has been clearly marked
by buoys or some other distinguishing device as a bathing,
fishing, swimming or otherwise restricted area by the
Department or a political subdivision of the State or by an
owner or lessee of property in accordance with his or her
rights to the use of the property, except in the manner
prescribed by the buoys or other distinguishing devices.
This Section shall not apply in the case of an emergency, or
to patrol or rescue craft.
No person shall operate a watercraft within 150 feet of a
public launching ramp owned, operated or maintained by the
Department or a political subdivision of the State at greater
than a "No Wake" speed as defined in Section 5-12 5-7.5 of
this Act. Posting of the areas by the Department or a
political subdivision of the State is not required.
The Department and other political subdivisions of the
State may, within their discretion and after issuing an
administrative rule in accordance with the Illinois
Administrative Procedure Act, designate certain areas by
proper signs to be bathing, fishing, swimming or otherwise
restricted areas, or eliminate, alter or otherwise modify
existing areas. The Department or a political subdivision of
the State shall further have the authority in order to fully
carry out the provisions of this Act to place signs, beacons
and buoys in designated areas controlling the flow of
traffic.
It shall be unlawful for any person to deface, move,
obliterate, tear down, or destroy, in whole or in part, or
attempt to deface, move, obliterate, tear down or destroy any
buoys or signs posted pursuant to the provisions of this Act,
except as authorized by the Department.
(Source: P.A. 87-803; revised 12-04-01.)
Section 79. The Clerks of Courts Act is amended by
changing Section 27.6 as follows:
(705 ILCS 105/27.6)
Sec. 27.6. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the circuit clerk equalling an
amount of $55 or more, except the additional fee required by
subsections (b) and (c), restitution under Section 5-5-6 of
the Unified Code of Corrections, reimbursement for the costs
of an emergency response as provided under Section 5-5-3 of
the Unified Code of Corrections, any fees collected for
attending a traffic safety program under paragraph (c) of
Supreme Court Rule 529, any fee collected on behalf of a
State's Attorney under Section 4-2002 of the Counties Code or
a sheriff under Section 4-5001 of the Counties Code, or any
cost imposed under Section 124A-5 of the Code of Criminal
Procedure of 1963, for convictions, orders of supervision, or
any other disposition for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois Vehicle Code, or a similar
provision of a local ordinance, and any violation of the
Child Passenger Protection Act, or a similar provision of a
local ordinance, and except as provided in subsection (d)
shall be disbursed within 60 days after receipt by the
circuit clerk as follows: 44.5% shall be disbursed to the
entity authorized by law to receive the fine imposed in the
case; 16.825% shall be disbursed to the State Treasurer; and
38.675% shall be disbursed to the county's general corporate
fund. Of the 16.825% disbursed to the State Treasurer, 2/17
shall be deposited by the State Treasurer into the Violent
Crime Victims Assistance Fund, 5.052/17 shall be deposited
into the Traffic and Criminal Conviction Surcharge Fund, 3/17
shall be deposited into the Drivers Education Fund, and
6.948/17 shall be deposited into the Trauma Center Fund. Of
the 6.948/17 deposited into the Trauma Center Fund from the
16.825% disbursed to the State Treasurer, 50% shall be
disbursed to the Department of Public Health and 50% shall be
disbursed to the Department of Public Aid. For fiscal year
1993, amounts deposited into the Violent Crime Victims
Assistance Fund, the Traffic and Criminal Conviction
Surcharge Fund, or the Drivers Education Fund shall not
exceed 110% of the amounts deposited into those funds in
fiscal year 1991. Any amount that exceeds the 110% limit
shall be distributed as follows: 50% shall be disbursed to
the county's general corporate fund and 50% shall be
disbursed to the entity authorized by law to receive the fine
imposed in the case. Not later than March 1 of each year the
circuit clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this Section during the
preceding year based upon independent verification of fines
and fees. All counties shall be subject to this Section,
except that counties with a population under 2,000,000 may,
by ordinance, elect not to be subject to this Section. For
offenses subject to this Section, judges shall impose one
total sum of money payable for violations. The circuit clerk
may add on no additional amounts except for amounts that are
required by Sections 27.3a and 27.3c of this Act, unless
those amounts are specifically waived by the judge. With
respect to money collected by the circuit clerk as a result
of forfeiture of bail, ex parte judgment or guilty plea
pursuant to Supreme Court Rule 529, the circuit clerk shall
first deduct and pay amounts required by Sections 27.3a and
27.3c of this Act. This Section is a denial and limitation of
home rule powers and functions under subsection (h) of
Section 6 of Article VII of the Illinois Constitution.
(b) In addition to any other fines and court costs
assessed by the courts, any person convicted or receiving an
order of supervision for driving under the influence of
alcohol or drugs shall pay an additional fee of $100 to the
clerk of the circuit court. This amount, less 2 1/2% that
shall be used to defray administrative costs incurred by the
clerk, shall be remitted by the clerk to the Treasurer within
60 days after receipt for deposit into the Trauma Center
Fund. This additional fee of $100 shall not be considered a
part of the fine for purposes of any reduction in the fine
for time served either before or after sentencing. Not later
than March 1 of each year the Circuit Clerk shall submit a
report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
(b-1) In addition to any other fines and court costs
assessed by the courts, any person convicted or receiving an
order of supervision for driving under the influence of
alcohol or drugs shall pay an additional fee of $5 to the
clerk of the circuit court. This amount, less 2 1/2% that
shall be used to defray administrative costs incurred by the
clerk, shall be remitted by the clerk to the Treasurer within
60 days after receipt for deposit into the Spinal Cord Injury
Paralysis Cure Research Trust Fund. This additional fee of $5
shall not be considered a part of the fine for purposes of
any reduction in the fine for time served either before or
after sentencing. Not later than March 1 of each year the
Circuit Clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this subsection during
the preceding calendar year.
(c) In addition to any other fines and court costs
assessed by the courts, any person convicted for a violation
of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of
1961 or a person sentenced for a violation of the Cannabis
Control Act or the Controlled Substance Act shall pay an
additional fee of $100 to the clerk of the circuit court.
This amount, less 2 1/2% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the Treasurer within 60 days after receipt
for deposit into the Trauma Center Fund. This additional fee
of $100 shall not be considered a part of the fine for
purposes of any reduction in the fine for time served either
before or after sentencing. Not later than March 1 of each
year the Circuit Clerk shall submit a report of the amount of
funds remitted to the State Treasurer under this subsection
during the preceding calendar year.
(c-1) In addition to any other fines and court costs
assessed by the courts, any person sentenced for a violation
of the Cannabis Control Act or the Illinois Controlled
Substances Act shall pay an additional fee of $5 to the clerk
of the circuit court. This amount, less 2 1/2% that shall be
used to defray administrative costs incurred by the clerk,
shall be remitted by the clerk to the Treasurer within 60
days after receipt for deposit into the Spinal Cord Injury
Paralysis Cure Research Trust Fund. This additional fee of $5
shall not be considered a part of the fine for purposes of
any reduction in the fine for time served either before or
after sentencing. Not later than March 1 of each year the
Circuit Clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this subsection during
the preceding calendar year.
(d) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of amounts collected for Class 4 felonies
under subsection (a), paragraph (4) of subsection (b),
and paragraphs (6), (7), (8.5), and (9) of subsection (c)
of Section 16 of the Humane Care for Animals Act and
Class 3 felonies under paragraph (5) of subsection (c) of
Section 16 of that Act.
(2) 20% of amounts collected for Class A
misdemeanors under subsection (a), paragraph (4) of
subsection (b), and paragraphs (6) and (7) of subsection
(c) of Section 16 of the Humane Care for Animals Act and
Class B misdemeanors under paragraph (9) of subsection
(c) of Section 16 of that Act.
(3) 20% of amounts collected for Class B
misdemeanors under subsection (d) of Section 16 of the
Humane Care for Animals Act.
(4) 50% of amounts collected for Class C
misdemeanors under subsection (d) of Section 16 of the
Humane Care for Animals Act.
(Source: P.A. 92-431, eff. 1-1-02; 92-454, eff. 1-1-02;
revised 10-11-01.)
Section 80. The Juvenile Court Act of 1987 is amended by
changing Sections 5-615 and 5-715 as follows:
(705 ILCS 405/5-615)
Sec. 5-615. Continuance under supervision.
(1) The court may enter an order of continuance under
supervision for an offense other than first degree murder, a
Class X felony or a forcible felony (a) upon an admission or
stipulation by the appropriate respondent or minor respondent
of the facts supporting the petition and before proceeding to
adjudication, or after hearing the evidence at the trial, and
(b) in the absence of objection made in open court by the
minor, his or her parent, guardian, or legal custodian, the
minor's attorney or the State's Attorney.
(2) If the minor, his or her parent, guardian, or legal
custodian, the minor's attorney or State's Attorney objects
in open court to any continuance and insists upon proceeding
to findings and adjudication, the court shall so proceed.
(3) Nothing in this Section limits the power of the
court to order a continuance of the hearing for the
production of additional evidence or for any other proper
reason.
(4) When a hearing where a minor is alleged to be a
delinquent is continued pursuant to this Section, the period
of continuance under supervision may not exceed 24 months.
The court may terminate a continuance under supervision at
any time if warranted by the conduct of the minor and the
ends of justice.
(5) When a hearing where a minor is alleged to be
delinquent is continued pursuant to this Section, the court
may, as conditions of the continuance under supervision,
require the minor to do any of the following:
(a) not violate any criminal statute of any
jurisdiction;
(b) make a report to and appear in person before
any person or agency as directed by the court;
(c) work or pursue a course of study or vocational
training;
(d) undergo medical or psychotherapeutic treatment
rendered by a therapist licensed under the provisions of
the Medical Practice Act of 1987, the Clinical
Psychologist Licensing Act, or the Clinical Social Work
and Social Work Practice Act, or an entity licensed by
the Department of Human Services as a successor to the
Department of Alcoholism and Substance Abuse, for the
provision of drug addiction and alcoholism treatment;
(e) attend or reside in a facility established for
the instruction or residence of persons on probation;
(f) support his or her dependents, if any;
(g) pay costs;
(h) refrain from possessing a firearm or other
dangerous weapon, or an automobile;
(i) permit the probation officer to visit him or
her at his or her home or elsewhere;
(j) reside with his or her parents or in a foster
home;
(k) attend school;
(k-5) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was committed
if he or she committed a crime of violence as defined in
Section 2 of the Crime Victims Compensation Act in a
school, on the real property comprising a school, or
within 1,000 feet of the real property comprising a
school;
(l) attend a non-residential program for youth;
(m) contribute to his or her own support at home or
in a foster home;
(n) perform some reasonable public or community
service;
(o) make restitution to the victim, in the same
manner and under the same conditions as provided in
subsection (4) of Section 5-710, except that the
"sentencing hearing" referred to in that Section shall be
the adjudicatory hearing for purposes of this Section;
(p) comply with curfew requirements as designated
by the court;
(q) refrain from entering into a designated
geographic area except upon terms as the court finds
appropriate. The terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the minor, and advance approval by a
probation officer;
(r) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(r-5) undergo a medical or other procedure to have
a tattoo symbolizing allegiance to a street gang removed
from his or her body;
(s) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug; or
(t) comply with any other conditions as may be
ordered by the court.
(6) A minor whose case is continued under supervision
under subsection (5) shall be given a certificate setting
forth the conditions imposed by the court. Those conditions
may be reduced, enlarged, or modified by the court on motion
of the probation officer or on its own motion, or that of the
State's Attorney, or, at the request of the minor after
notice and hearing.
(7) If a petition is filed charging a violation of a
condition of the continuance under supervision, the court
shall conduct a hearing. If the court finds that a condition
of supervision has not been fulfilled, the court may proceed
to findings and adjudication and disposition. The filing of
a petition for violation of a condition of the continuance
under supervision shall toll the period of continuance under
supervision until the final determination of the charge, and
the term of the continuance under supervision shall not run
until the hearing and disposition of the petition for
violation; provided where the petition alleges conduct that
does not constitute a criminal offense, the hearing must be
held within 30 days of the filing of the petition unless a
delay shall continue the tolling of the period of continuance
under supervision for the period of the delay.
(8) When a hearing in which a minor is alleged to be a
delinquent for reasons that include a violation of Section
21-1.3 of the Criminal Code of 1961 is continued under this
Section, the court shall, as a condition of the continuance
under supervision, require the minor to perform community
service for not less than 30 and not more than 120 hours, if
community service is available in the jurisdiction. The
community service shall include, but need not be limited to,
the cleanup and repair of the damage that was caused by the
alleged violation or similar damage to property located in
the municipality or county in which the alleged violation
occurred. The condition may be in addition to any other
condition.
(8.5) When a hearing in which a minor is alleged to be a
delinquent for reasons that include a violation of Section
3.02 or Section 3.03 of the Humane Care for Animals Act or
paragraph (d) of subsection (1) of Section 21-1 of the
Criminal Code of 1961 is continued under this Section, the
court shall, as a condition of the continuance under
supervision, require the minor to undergo medical or
psychiatric treatment rendered by a psychiatrist or
psychological treatment rendered by a clinical psychologist.
The condition may be in addition to any other condition.
(9) When a hearing in which a minor is alleged to be a
delinquent is continued under this Section, the court, before
continuing the case, shall make a finding whether the offense
alleged to have been committed either: (i) was related to or
in furtherance of the activities of an organized gang or was
motivated by the minor's membership in or allegiance to an
organized gang, or (ii) is a violation of paragraph (13) of
subsection (a) of Section 12-2 of the Criminal Code of 1961,
a violation of any Section of Article 24 of the Criminal Code
of 1961, or a violation of any statute that involved the
unlawful use of a firearm. If the court determines the
question in the affirmative the court shall, as a condition
of the continuance under supervision and as part of or in
addition to any other condition of the supervision, require
the minor to perform community service for not less than 30
hours, provided that community service is available in the
jurisdiction and is funded and approved by the county board
of the county where the offense was committed. The community
service shall include, but need not be limited to, the
cleanup and repair of any damage caused by an alleged
violation of Section 21-1.3 of the Criminal Code of 1961 and
similar damage to property located in the municipality or
county in which the alleged violation occurred. When
possible and reasonable, the community service shall be
performed in the minor's neighborhood. For the purposes of
this Section, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(10) The court shall impose upon a minor placed on
supervision, as a condition of the supervision, a fee of $25
for each month of supervision ordered by the court, unless
after determining the inability of the minor placed on
supervision to pay the fee, the court assesses a lesser
amount. The court may not impose the fee on a minor who is
made a ward of the State under this Act while the minor is in
placement. The fee shall be imposed only upon a minor who is
actively supervised by the probation and court services
department. A court may order the parent, guardian, or legal
custodian of the minor to pay some or all of the fee on the
minor's behalf.
(Source: P.A. 91-98; eff. 1-1-00; 91-332, eff. 7-29-99;
92-16, eff. 6-28-01; 92-282, eff. 8-7-01; 92-454, eff.
1-1-02; revised 10-11-01.)
(705 ILCS 405/5-715)
Sec. 5-715. Probation.
(1) The period of probation or conditional discharge
shall not exceed 5 years or until the minor has attained the
age of 21 years, whichever is less, except as provided in
this Section for a minor who is found to be guilty for an
offense which is first degree murder, a Class X felony or a
forcible felony. The juvenile court may terminate probation
or conditional discharge and discharge the minor at any time
if warranted by the conduct of the minor and the ends of
justice; provided, however, that the period of probation for
a minor who is found to be guilty for an offense which is
first degree murder, a Class X felony, or a forcible felony
shall be at least 5 years.
(2) The court may as a condition of probation or of
conditional discharge require that the minor:
(a) not violate any criminal statute of any
jurisdiction;
(b) make a report to and appear in person before
any person or agency as directed by the court;
(c) work or pursue a course of study or vocational
training;
(d) undergo medical or psychiatric treatment,
rendered by a psychiatrist or psychological treatment
rendered by a clinical psychologist or social work
services rendered by a clinical social worker, or
treatment for drug addiction or alcoholism;
(e) attend or reside in a facility established for
the instruction or residence of persons on probation;
(f) support his or her dependents, if any;
(g) refrain from possessing a firearm or other
dangerous weapon, or an automobile;
(h) permit the probation officer to visit him or
her at his or her home or elsewhere;
(i) reside with his or her parents or in a foster
home;
(j) attend school;
(j-5) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was committed
if he or she committed a crime of violence as defined in
Section 2 of the Crime Victims Compensation Act in a
school, on the real property comprising a school, or
within 1,000 feet of the real property comprising a
school;
(k) attend a non-residential program for youth;
(l) make restitution under the terms of subsection
(4) of Section 5-710;
(m) contribute to his or her own support at home or
in a foster home;
(n) perform some reasonable public or community
service;
(o) participate with community corrections programs
including unified delinquency intervention services
administered by the Department of Human Services subject
to Section 5 of the Children and Family Services Act;
(p) pay costs;
(q) serve a term of home confinement. In addition
to any other applicable condition of probation or
conditional discharge, the conditions of home confinement
shall be that the minor:
(i) remain within the interior premises of the
place designated for his or her confinement during
the hours designated by the court;
(ii) admit any person or agent designated by
the court into the minor's place of confinement at
any time for purposes of verifying the minor's
compliance with the conditions of his or her
confinement; and
(iii) use an approved electronic monitoring
device if ordered by the court subject to Article 8A
of Chapter V of the Unified Code of Corrections;
(r) refrain from entering into a designated
geographic area except upon terms as the court finds
appropriate. The terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the minor, and advance approval by a
probation officer, if the minor has been placed on
probation, or advance approval by the court, if the minor
has been placed on conditional discharge;
(s) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(s-5) undergo a medical or other procedure to have
a tattoo symbolizing allegiance to a street gang removed
from his or her body;
(t) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and shall submit
samples of his or her blood or urine or both for tests to
determine the presence of any illicit drug; or
(u) comply with other conditions as may be ordered
by the court.
(3) The court may as a condition of probation or of
conditional discharge require that a minor found guilty on
any alcohol, cannabis, or controlled substance violation,
refrain from acquiring a driver's license during the period
of probation or conditional discharge. If the minor is in
possession of a permit or license, the court may require that
the minor refrain from driving or operating any motor vehicle
during the period of probation or conditional discharge,
except as may be necessary in the course of the minor's
lawful employment.
(3.5) The court shall, as a condition of probation or of
conditional discharge, require that a minor found to be
guilty and placed on probation for reasons that include a
violation of Section 3.02 or Section 3.03 of the Humane Care
for Animals Act or paragraph (d) of subsection (1) of Section
21-1 of the Criminal Code of 1961 undergo medical or
psychiatric treatment rendered by a psychiatrist or
psychological treatment rendered by a clinical psychologist.
The condition may be in addition to any other condition.
(4) A minor on probation or conditional discharge shall
be given a certificate setting forth the conditions upon
which he or she is being released.
(5) The court shall impose upon a minor placed on
probation or conditional discharge, as a condition of the
probation or conditional discharge, a fee of $25 for each
month of probation or conditional discharge supervision
ordered by the court, unless after determining the inability
of the minor placed on probation or conditional discharge to
pay the fee, the court assesses a lesser amount. The court
may not impose the fee on a minor who is made a ward of the
State under this Act while the minor is in placement. The
fee shall be imposed only upon a minor who is actively
supervised by the probation and court services department.
The court may order the parent, guardian, or legal custodian
of the minor to pay some or all of the fee on the minor's
behalf.
(6) The General Assembly finds that in order to protect
the public, the juvenile justice system must compel
compliance with the conditions of probation by responding to
violations with swift, certain, and fair punishments and
intermediate sanctions. The Chief Judge of each circuit
shall adopt a system of structured, intermediate sanctions
for violations of the terms and conditions of a sentence of
supervision, probation or conditional discharge, under this
Act.
The court shall provide as a condition of a disposition
of probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of
the sentence of probation, conditional discharge, or
supervision, subject to the provisions of Section 5-720 of
this Act.
(Source: P.A. 91-98, eff. 1-1-00; 92-282, eff. 8-7-01;
92-454, eff. 1-1-02; revised 10-11-01.)
Section 81. The Criminal Code of 1961 is amended by
changing Section 12-21.6 and the heading to Article 16G as
follows:
(720 ILCS 5/12-21.6)
(Text of Section before amendment by P.A. 92-515)
Sec. 12-21.6. Endangering the life or health of a child.
(a) It is unlawful for any person to willfully cause or
permit the life or health of a child under the age of 18 to
be endangered or to willfully cause or permit a child to be
placed in circumstances that endanger the child's life or
health, except that it is not unlawful for a person to
relinquish a child in accordance with the Abandoned Newborn
Infant Protection Act.
(b) A violation of this Section is a Class A
misdemeanor. A second or subsequent violation of this
Section is a Class 3 felony. A violation of this Section
that is a proximate cause of the death of the child is a
Class 3 felony for which a person, if sentenced to a term of
imprisonment, shall be sentenced to a term of not less than 2
years and not more than 10 years.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
(Text of Section after amendment by P.A. 92-515)
Sec. 12-21.6. Endangering the life or health of a child.
(a) It is unlawful for any person to willfully cause or
permit the life or health of a child under the age of 18 to
be endangered or to willfully cause or permit a child to be
placed in circumstances that endanger the child's life or
health, except that it is not unlawful for a person to
relinquish a child in accordance with the Abandoned Newborn
Infant Protection Act.
(b) There is a rebuttable presumption that a person
committed the offense if he or she left a child 6 years of
age or younger unattended in a motor vehicle for more than 10
minutes.
(c) "Unattended" means either: (i) not accompanied by a
person 14 years of age or older; or (ii) if accompanied by a
person 14 years of age or older, out of sight of that person.
(d) A violation of this Section is a Class A
misdemeanor. A second or subsequent violation of this
Section is a Class 3 felony. A violation of this Section
that is a proximate cause of the death of the child is a
Class 3 felony for which a person, if sentenced to a term of
imprisonment, shall be sentenced to a term of not less than 2
years and not more than 10 years.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
92-515, eff. 6-1-02; revised 1-7-02.)
(720 ILCS 5/Art. 16G heading)
ARTICLE 16G.
FINANCIAL IDENTITY THEFT AND ASSET FORFEITURE LAW
Section 82. The Code of Criminal Procedure of 1963 is
amended by changing Section 110-10 as follows:
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
Sec. 110-10. Conditions of bail bond.
(a) If a person is released prior to conviction, either
upon payment of bail security or on his or her own
recognizance, the conditions of the bail bond shall be that
he or she will:
(1) Appear to answer the charge in the court having
jurisdiction on a day certain and thereafter as ordered
by the court until discharged or final order of the
court;
(2) Submit himself or herself to the orders and
process of the court;
(3) Not depart this State without leave of the
court;
(4) Not violate any criminal statute of any
jurisdiction;
(5) At a time and place designated by the court,
surrender all firearms in his or her possession to a law
enforcement officer designated by the court to take
custody of and impound the firearms and physically
surrender his or her Firearm Owner's Identification Card
to the clerk of the circuit court when the offense the
person has been charged with is a forcible felony,
stalking, aggravated stalking, domestic battery, any
violation of either the Illinois Controlled Substances
Act or the Cannabis Control Act that is classified as a
Class 2 or greater felony, or any felony violation of
Article 24 of the Criminal Code of 1961; the court may,
however, forgo the imposition of this condition when the
circumstances of the case clearly do not warrant it or
when its imposition would be impractical; all legally
possessed firearms shall be returned to the person upon
that person completing a sentence for a conviction on a
misdemeanor domestic battery, upon the charges being
dismissed, or if the person is found not guilty, unless
the finding of not guilty is by reason of insanity; and
(6) At a time and place designated by the court,
submit to a psychological evaluation when the person has
been charged with a violation of item (4) of subsection
(a) of Section 24-1 of the Criminal Code of 1961 and that
violation occurred in a school or in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school-related activity,
or on any public way within 1,000 feet of real property
comprising any school.
Psychological evaluations ordered pursuant to this
Section shall be completed promptly and made available to the
State, the defendant, and the court. As a further condition
of bail under these circumstances, the court shall order the
defendant to refrain from entering upon the property of the
school, including any conveyance owned, leased, or contracted
by a school to transport students to or from school or a
school-related activity, or on any public way within 1,000
feet of real property comprising any school. Upon receipt of
the psychological evaluation, either the State or the
defendant may request a change in the conditions of bail,
pursuant to Section 110-6 of this Code. The court may change
the conditions of bail to include a requirement that the
defendant follow the recommendations of the psychological
evaluation, including undergoing psychiatric treatment. The
conclusions of the psychological evaluation and any
statements elicited from the defendant during its
administration are not admissible as evidence of guilt during
the course of any trial on the charged offense, unless the
defendant places his or her mental competency in issue.
(b) The court may impose other conditions, such as the
following, if the court finds that such conditions are
reasonably necessary to assure the defendant's appearance in
court, protect the public from the defendant, or prevent the
defendant's unlawful interference with the orderly
administration of justice:
(1) Report to or appear in person before such
person or agency as the court may direct;
(2) Refrain from possessing a firearm or other
dangerous weapon;
(3) Refrain from approaching or communicating with
particular persons or classes of persons;
(4) Refrain from going to certain described
geographical areas or premises;
(5) Refrain from engaging in certain activities or
indulging in intoxicating liquors or in certain drugs;
(6) Undergo treatment for drug addiction or
alcoholism;
(7) Undergo medical or psychiatric treatment;
(8) Work or pursue a course of study or vocational
training;
(9) Attend or reside in a facility designated by
the court;
(10) Support his or her dependents;
(11) If a minor resides with his or her parents or
in a foster home, attend school, attend a non-residential
program for youths, and contribute to his or her own
support at home or in a foster home;
(12) Observe any curfew ordered by the court;
(13) Remain in the custody of such designated
person or organization agreeing to supervise his release.
Such third party custodian shall be responsible for
notifying the court if the defendant fails to observe the
conditions of release which the custodian has agreed to
monitor, and shall be subject to contempt of court for
failure so to notify the court;
(14) Be placed under direct supervision of the
Pretrial Services Agency, Probation Department or Court
Services Department in a pretrial bond home supervision
capacity with or without the use of an approved
electronic monitoring device subject to Article 8A of
Chapter V of the Unified Code of Corrections;
(14.1) The court shall impose upon a defendant who
is charged with any alcohol, cannabis or controlled
substance violation and is placed under direct
supervision of the Pretrial Services Agency, Probation
Department or Court Services Department in a pretrial
bond home supervision capacity with the use of an
approved monitoring device, as a condition of such bail
bond, a fee that represents costs incidental to the
electronic monitoring for each day of such bail
supervision ordered by the court, unless after
determining the inability of the defendant to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. The fee shall be collected by the clerk of
the circuit court. The clerk of the circuit court shall
pay all monies collected from this fee to the county
treasurer for deposit in the substance abuse services
fund under Section 5-1086.1 of the Counties Code;
(14.2) The court shall impose upon all defendants,
including those defendants subject to paragraph (14.1)
above, placed under direct supervision of the Pretrial
Services Agency, Probation Department or Court Services
Department in a pretrial bond home supervision capacity
with the use of an approved monitoring device, as a
condition of such bail bond, a fee which shall represent
costs incidental to such electronic monitoring for each
day of such bail supervision ordered by the court, unless
after determining the inability of the defendant to pay
the fee, the court assesses a lesser fee or no fee as the
case may be. The fee shall be collected by the clerk of
the circuit court. The clerk of the circuit court shall
pay all monies collected from this fee to the county
treasurer who shall use the monies collected to defray
the costs of corrections. The county treasurer shall
deposit the fee collected in the county working cash fund
under Section 6-27001 or Section 6-29002 of the Counties
Code, as the case may be;
(14.3) The Chief Judge of the Judicial Circuit may
establish reasonable fees to be paid by a person
receiving pretrial services while under supervision of a
pretrial services agency, probation department, or court
services department. Reasonable fees may be charged for
pretrial services including, but not limited to, pretrial
supervision, diversion programs, electronic monitoring,
victim impact services, drug and alcohol testing, and
victim mediation services. The person receiving pretrial
services may be ordered to pay all costs incidental to
pretrial services in accordance with his or her ability
to pay those costs;
(15) Comply with the terms and conditions of an
order of protection issued by the court under the
Illinois Domestic Violence Act of 1986 or an order of
protection issued by the court of another state, tribe,
or United States territory;
(16) Under Section 110-6.5 comply with the
conditions of the drug testing program; and
(17) Such other reasonable conditions as the court
may impose.
(c) When a person is charged with an offense under
Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
"Criminal Code of 1961", involving a victim who is a minor
under 18 years of age living in the same household with the
defendant at the time of the offense, in granting bail or
releasing the defendant on his own recognizance, the judge
shall impose conditions to restrict the defendant's access to
the victim which may include, but are not limited to
conditions that he will:
1. Vacate the Household.
2. Make payment of temporary support to his
dependents.
3. Refrain from contact or communication with the
child victim, except as ordered by the court.
(d) When a person is charged with a criminal offense and
the victim is a family or household member as defined in
Article 112A, conditions shall be imposed at the time of the
defendant's release on bond that restrict the defendant's
access to the victim. Unless provided otherwise by the court,
the restrictions shall include requirements that the
defendant do the following:
(1) refrain from contact or communication with the
victim for a minimum period of 72 hours following the
defendant's release; and
(2) refrain from entering or remaining at the
victim's residence for a minimum period of 72 hours
following the defendant's release.
(e) Local law enforcement agencies shall develop
standardized bond forms for use in cases involving family or
household members as defined in Article 112A, including
specific conditions of bond as provided in subsection (d).
Failure of any law enforcement department to develop or use
those forms shall in no way limit the applicability and
enforcement of subsections (d) and (f).
(f) If the defendant is admitted to bail after
conviction the conditions of the bail bond shall be that he
will, in addition to the conditions set forth in subsections
(a) and (b) hereof:
(1) Duly prosecute his appeal;
(2) Appear at such time and place as the court may
direct;
(3) Not depart this State without leave of the
court;
(4) Comply with such other reasonable conditions as
the court may impose; and,
(5) If the judgment is affirmed or the cause
reversed and remanded for a new trial, forthwith
surrender to the officer from whose custody he was
bailed.
(g) Upon a finding of guilty for any felony offense, the
defendant shall physically surrender, at a time and place
designated by the court, any and all firearms in his or her
possession and his or her Firearm Owner's Identification Card
as a condition of remaining on bond pending sentencing.
(Source: P.A. 91-11, eff. 6-4-99; 91-312, eff. 1-1-00;
91-696, eff. 4-13-00; 91-903, eff. 1-1-01; 92-329, eff.
8-9-01; 92-442, eff. 8-17-01; revised 10-11-01.)
Section 83. The Unified Code of Corrections is amended
by changing Sections 3-3-4, 5-1-22, 5-5-3, 5-6-3, 5-6-3.1,
and 5-8-3 as follows:
(730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
Sec. 3-3-4. Preparation for Parole Hearing.
(a) The Prisoner Review Board shall consider the parole
of each eligible person committed to the Adult Division at
least 30 days prior to the date he shall first become
eligible for parole, and shall consider the parole of each
person committed to the Juvenile Division as a delinquent at
least 30 days prior to the expiration of the first year of
confinement.
(b) A person eligible for parole shall, in advance of
his parole hearing, prepare a parole plan in accordance with
the rules of the Prisoner Review Board. The person shall be
assisted in preparing his parole plan by personnel of the
Department and may, for this purpose, be released on furlough
under Article 11 or on authorized absence under Section
3-9-4. The Department shall also provide assistance in
obtaining information and records helpful to the individual
for his parole hearing.
(c) The members of the Board shall have access at all
reasonable times to any committed person and to his master
record file within the Department, and the Department shall
furnish such reports to the Board as the Board may require
concerning the conduct and character of any such person.
(d) In making its determination of parole, the Board
shall consider:
(1) material transmitted to the Department by the
clerk of the committing court under Section 5-4-1 or
Section 5-10 of the Juvenile Court Act or Section 5-750
of the Juvenile Court Act of 1987;
(2) the report under Section 3-8-2 or 3-10-2;
(3) a report by the Department and any report by
the chief administrative officer of the institution or
facility;
(4) a parole progress report;
(5) a medical and psychological report, if
requested by the Board;
(6) material in writing, or on film, video tape or
other electronic means in the form of a recording
submitted by the person whose parole is being considered;
and
(7) material in writing, or on film, video tape or
other electronic means in the form of a recording or
testimony submitted by the State's Attorney and the
victim pursuant to the Bill of Rights of Crime for
Victims and Witnesses of Violent Crime Act.
(e) The prosecuting State's Attorney's office shall
receive reasonable written notice not less than 15 days prior
to the parole hearing and may submit relevant information in
writing, or on film, video tape or other electronic means or
in the form of a recording to the Board for its
consideration. The State's Attorney may waive the written
notice.
(f) The victim of the violent crime for which the
prisoner has been sentenced shall receive notice of a parole
hearing as provided in paragraph (4) of subsection (d) (16)
of Section 4.5 of 4 of the Bill of Rights of Crime for
Victims and Witnesses of Violent Crime Act.
(g) Any recording considered under the provisions of
subsection (d)(6), (d)(7) or (e) of this Section shall be in
the form designated by the Board. Such recording shall be
both visual and aural. Every voice on the recording and
person present shall be identified and the recording shall
contain either a visual or aural statement of the person
submitting such recording, the date of the recording and the
name of the person whose parole eligibility is being
considered. Such recordings, if retained by the Board shall
be deemed to be submitted at any subsequent parole hearing if
the victim or State's Attorney submits in writing a
declaration clearly identifying such recording as
representing the present position of the victim or State's
Attorney regarding the issues to be considered at the parole
hearing.
(Source: P.A. 90-590, eff. 1-1-99; revised 12-07-01.)
(730 ILCS 5/5-1-22) (from Ch. 38, par. 1005-1-22)
Sec. 5-1-22. Victim. "Victim" shall have the meaning
ascribed to the term "crime victim" it in subsection (a) of
Section 3 of the Bill of Rights of Crime for Victims and
Witnesses of Violent Crime Act.
(Source: P.A. 83-1499; revised 12-07-01.)
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) Every person convicted of an offense shall be
sentenced as provided in this Section.
(b) The following options shall be appropriate
dispositions, alone or in combination, for all felonies and
misdemeanors other than those identified in subsection (c) of
this Section:
(1) A period of probation.
(2) A term of periodic imprisonment.
(3) A term of conditional discharge.
(4) A term of imprisonment.
(5) An order directing the offender to clean up and
repair the damage, if the offender was convicted under
paragraph (h) of Section 21-1 of the Criminal Code of
1961.
(6) A fine.
(7) An order directing the offender to make
restitution to the victim under Section 5-5-6 of this
Code.
(8) A sentence of participation in a county impact
incarceration program under Section 5-8-1.2 of this Code.
Whenever an individual is sentenced for an offense based
upon an arrest for a violation of Section 11-501 of the
Illinois Vehicle Code, or a similar provision of a local
ordinance, and the professional evaluation recommends
remedial or rehabilitative treatment or education, neither
the treatment nor the education shall be the sole disposition
and either or both may be imposed only in conjunction with
another disposition. The court shall monitor compliance with
any remedial education or treatment recommendations contained
in the professional evaluation. Programs conducting alcohol
or other drug evaluation or remedial education must be
licensed by the Department of Human Services. However, if
the individual is not a resident of Illinois, the court may
accept an alcohol or other drug evaluation or remedial
education program in the state of such individual's
residence. Programs providing treatment must be licensed
under existing applicable alcoholism and drug treatment
licensure standards.
In addition to any other fine or penalty required by law,
any individual convicted of a violation of Section 11-501 of
the Illinois Vehicle Code or a similar provision of local
ordinance, whose operation of a motor vehicle while in
violation of Section 11-501 or such ordinance proximately
caused an incident resulting in an appropriate emergency
response, shall be required to make restitution to a public
agency for the costs of that emergency response. Such
restitution shall not exceed $500 per public agency for each
such emergency response. For the purpose of this paragraph,
emergency response shall mean any incident requiring a
response by: a police officer as defined under Section 1-162
of the Illinois Vehicle Code; a fireman carried on the rolls
of a regularly constituted fire department; and an ambulance
as defined under Section 4.05 of the Emergency Medical
Services (EMS) Systems Act.
Neither a fine nor restitution shall be the sole
disposition for a felony and either or both may be imposed
only in conjunction with another disposition.
(c) (1) When a defendant is found guilty of first degree
murder the State may either seek a sentence of
imprisonment under Section 5-8-1 of this Code, or where
appropriate seek a sentence of death under Section 9-1 of
the Criminal Code of 1961.
(2) A period of probation, a term of periodic
imprisonment or conditional discharge shall not be
imposed for the following offenses. The court shall
sentence the offender to not less than the minimum term
of imprisonment set forth in this Code for the following
offenses, and may order a fine or restitution or both in
conjunction with such term of imprisonment:
(A) First degree murder where the death
penalty is not imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation
of subdivision (c)(2) of Section 401 of that Act
which relates to more than 5 grams of a substance
containing cocaine or an analog thereof.
(E) A violation of Section 5.1 or 9 of the
Cannabis Control Act.
(F) A Class 2 or greater felony if the
offender had been convicted of a Class 2 or greater
felony within 10 years of the date on which the
offender committed the offense for which he or she
is being sentenced, except as otherwise provided in
Section 40-10 of the Alcoholism and Other Drug Abuse
and Dependency Act.
(G) Residential burglary, except as otherwise
provided in Section 40-10 of the Alcoholism and
Other Drug Abuse and Dependency Act.
(H) Criminal sexual assault, except as
otherwise provided in subsection (e) of this
Section.
(I) Aggravated battery of a senior citizen.
(J) A forcible felony if the offense was
related to the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of
5 or more persons, with an established hierarchy,
that encourages members of the association to
perpetrate crimes or provides support to the members
of the association who do commit crimes.
Beginning July 1, 1994, for the purposes of
this paragraph, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the
offense of hate crime when the underlying offense
upon which the hate crime is based is felony
aggravated assault or felony mob action.
(M) A second or subsequent conviction for the
offense of institutional vandalism if the damage to
the property exceeds $300.
(N) A Class 3 felony violation of paragraph
(1) of subsection (a) of Section 2 of the Firearm
Owners Identification Card Act.
(O) A violation of Section 12-6.1 of the
Criminal Code of 1961.
(P) A violation of paragraph (1), (2), (3),
(4), (5), or (7) of subsection (a) of Section
11-20.1 of the Criminal Code of 1961.
(Q) A violation of Section 20-1.2 of the
Criminal Code of 1961.
(R) A violation of Section 24-3A of the
Criminal Code of 1961.
(S) A violation of Section 11-501(c-1)(3) of
the Illinois Vehicle Code.
(3) A minimum term of imprisonment of not less than
5 days or 30 days of community service as may be
determined by the court shall be imposed for a second
violation committed within 5 years of a previous
violation of Section 11-501 of the Illinois Vehicle Code
or a similar provision of a local ordinance. In the case
of a third or subsequent violation committed within 5
years of a previous violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance, a minimum term of either 10 days of
imprisonment or 60 days of community service shall be
imposed.
(4) A minimum term of imprisonment of not less than
10 consecutive days or 30 days of community service shall
be imposed for a violation of paragraph (c) of Section
6-303 of the Illinois Vehicle Code.
(4.1) A minimum term of 30 consecutive days of
imprisonment, 40 days of 24 hour periodic imprisonment or
720 hours of community service, as may be determined by
the court, shall be imposed for a violation of Section
11-501 of the Illinois Vehicle Code during a period in
which the defendant's driving privileges are revoked or
suspended, where the revocation or suspension was for a
violation of Section 11-501 or Section 11-501.1 of that
Code.
(4.2) Except as provided in paragraph (4.3) of this
subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of
Section 6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or
300 hours of community service, as determined by the
court, shall be imposed for a second violation of
subsection (c) of Section 6-303 of the Illinois Vehicle
Code.
(4.4) Except as provided in paragraph (4.5) and
paragraph (4.6) of this subsection (c), a minimum term of
imprisonment of 30 days or 300 hours of community
service, as determined by the court, shall be imposed for
a third or subsequent violation of Section 6-303 of the
Illinois Vehicle Code.
(4.5) A minimum term of imprisonment of 30 days
shall be imposed for a third violation of subsection (c)
of Section 6-303 of the Illinois Vehicle Code.
(4.6) A minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle
Code.
(5) The court may sentence an offender convicted of
a business offense or a petty offense or a corporation or
unincorporated association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under
Section 5-5-6 of this Code.
(5.1) In addition to any penalties imposed under
paragraph (5) of this subsection (c), and except as
provided in paragraph (5.2) or (5.3), a person convicted
of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's
license, permit, or privileges suspended for at least 90
days but not more than one year, if the violation
resulted in damage to the property of another person.
(5.2) In addition to any penalties imposed under
paragraph (5) of this subsection (c), and except as
provided in paragraph (5.3), a person convicted of
violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's
license, permit, or privileges suspended for at least 180
days but not more than 2 years, if the violation resulted
in injury to another person.
(5.3) In addition to any penalties imposed under
paragraph (5) of this subsection (c), a person convicted
of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's
license, permit, or privileges suspended for 2 years, if
the violation resulted in the death of another person.
(6) In no case shall an offender be eligible for a
disposition of probation or conditional discharge for a
Class 1 felony committed while he was serving a term of
probation or conditional discharge for a felony.
(7) When a defendant is adjudged a habitual
criminal under Article 33B of the Criminal Code of 1961,
the court shall sentence the defendant to a term of
natural life imprisonment.
(8) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 felony, after having
twice been convicted in any state or federal court of an
offense that contains the same elements as an offense now
classified in Illinois as a Class 2 or greater Class
felony and such charges are separately brought and tried
and arise out of different series of acts, such defendant
shall be sentenced as a Class X offender. This paragraph
shall not apply unless (1) the first felony was committed
after the effective date of this amendatory Act of 1977;
and (2) the second felony was committed after conviction
on the first; and (3) the third felony was committed
after conviction on the second. A person sentenced as a
Class X offender under this paragraph is not eligible to
apply for treatment as a condition of probation as
provided by Section 40-10 of the Alcoholism and Other
Drug Abuse and Dependency Act.
(9) A defendant convicted of a second or subsequent
offense of ritualized abuse of a child may be sentenced
to a term of natural life imprisonment.
(10) When a person is convicted of violating
Section 11-501 of the Illinois Vehicle Code or a similar
provision of a local ordinance, the following penalties
apply when his or her blood, breath, or urine was .16 or
more based on the definition of blood, breath, or urine
units in Section 11-501.2 or that person is convicted of
violating Section 11-501 of the Illinois Vehicle Code
while transporting a child under the age of 16:
(A) For a first violation of subsection (a) of
Section 11-501, in addition to any other penalty
that may be imposed under subsection (c) of Section
11-501: a mandatory minimum of 100 hours of
community service and a minimum fine of $500.
(B) For a second violation of subsection (a)
of Section 11-501, in addition to any other penalty
that may be imposed under subsection (c) of Section
11-501 within 10 years: a mandatory minimum of 2
days of imprisonment and a minimum fine of $1,250.
(C) For a third violation of subsection (a) of
Section 11-501, in addition to any other penalty
that may be imposed under subsection (c) of Section
11-501 within 20 years: a mandatory minimum of 90
days of imprisonment and a minimum fine of $2,500.
(D) For a fourth or subsequent violation of
subsection (a) of Section 11-501: ineligibility for
a sentence of probation or conditional discharge and
a minimum fine of $2,500.
(d) In any case in which a sentence originally imposed
is vacated, the case shall be remanded to the trial court.
The trial court shall hold a hearing under Section 5-4-1 of
the Unified Code of Corrections which may include evidence of
the defendant's life, moral character and occupation during
the time since the original sentence was passed. The trial
court shall then impose sentence upon the defendant. The
trial court may impose any sentence which could have been
imposed at the original trial subject to Section 5-5-4 of the
Unified Code of Corrections. If a sentence is vacated on
appeal or on collateral attack due to the failure of the
trier of fact at trial to determine beyond a reasonable doubt
the existence of a fact (other than a prior conviction)
necessary to increase the punishment for the offense beyond
the statutory maximum otherwise applicable, either the
defendant may be re-sentenced to a term within the range
otherwise provided or, if the State files notice of its
intention to again seek the extended sentence, the defendant
shall be afforded a new trial.
(e) In cases where prosecution for criminal sexual
assault or aggravated criminal sexual abuse under Section
12-13 or 12-16 of the Criminal Code of 1961 results in
conviction of a defendant who was a family member of the
victim at the time of the commission of the offense, the
court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
(1) the court finds (A) or (B) or both are
appropriate:
(A) the defendant is willing to undergo a
court approved counseling program for a minimum
duration of 2 years; or
(B) the defendant is willing to participate in
a court approved plan including but not limited to
the defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the
victim; and
(v) compliance with any other measures
that the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the
court finds, after considering the defendant's income and
assets, that the defendant is financially capable of
paying for such services, if the victim was under 18
years of age at the time the offense was committed and
requires counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members
or commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
12-12 of the Criminal Code of 1961.
(f) This Article shall not deprive a court in other
proceedings to order a forfeiture of property, to suspend or
cancel a license, to remove a person from office, or to
impose any other civil penalty.
(g) Whenever a defendant is convicted of an offense
under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961, the defendant
shall undergo medical testing to determine whether the
defendant has any sexually transmissible disease, including a
test for infection with human immunodeficiency virus (HIV) or
any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Any such medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily
fluids as well as an examination of the defendant's person.
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the
conviction was entered for the judge's inspection in camera.
Acting in accordance with the best interests of the victim
and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may
be revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested
by the victim, and if the victim is under the age of 15 and
if requested by the victim's parents or legal guardian, the
court shall notify the victim's parents or legal guardian of
the test results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results
of the testing are revealed and shall direct the State's
Attorney to provide the information to the victim when
possible. A State's Attorney may petition the court to obtain
the results of any HIV test administered under this Section,
and the court shall grant the disclosure if the State's
Attorney shows it is relevant in order to prosecute a charge
of criminal transmission of HIV under Section 12-16.2 of the
Criminal Code of 1961 against the defendant. The court shall
order that the cost of any such test shall be paid by the
county and may be taxed as costs against the convicted
defendant.
(g-5) When an inmate is tested for an airborne
communicable disease, as determined by the Illinois
Department of Public Health including but not limited to
tuberculosis, the results of the test shall be personally
delivered by the warden or his or her designee in a sealed
envelope to the judge of the court in which the inmate must
appear for the judge's inspection in camera if requested by
the judge. Acting in accordance with the best interests of
those in the courtroom, the judge shall have the discretion
to determine what if any precautions need to be taken to
prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense
under Section 1 or 2 of the Hypodermic Syringes and Needles
Act, the defendant shall undergo medical testing to determine
whether the defendant has been exposed to human
immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the
conviction was entered for the judge's inspection in camera.
Acting in accordance with the best interests of the public,
the judge shall have the discretion to determine to whom, if
anyone, the results of the testing may be revealed. The court
shall notify the defendant of a positive test showing an
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at Department of Public Health
facilities to all parties to whom the results of the testing
are revealed and shall direct the State's Attorney to provide
the information to the victim when possible. A State's
Attorney may petition the court to obtain the results of any
HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it
is relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-16.2 of the Criminal
Code of 1961 against the defendant. The court shall order
that the cost of any such test shall be paid by the county
and may be taxed as costs against the convicted defendant.
(i) All fines and penalties imposed under this Section
for any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of
Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961, any violation of the
Illinois Controlled Substances Act, or any violation of the
Cannabis Control Act results in conviction, a disposition of
court supervision, or an order of probation granted under
Section 10 of the Cannabis Control Act or Section 410 of the
Illinois Controlled Substance Act of a defendant, the court
shall determine whether the defendant is employed by a
facility or center as defined under the Child Care Act of
1969, a public or private elementary or secondary school, or
otherwise works with children under 18 years of age on a
daily basis. When a defendant is so employed, the court
shall order the Clerk of the Court to send a copy of the
judgment of conviction or order of supervision or probation
to the defendant's employer by certified mail. If the
employer of the defendant is a school, the Clerk of the Court
shall direct the mailing of a copy of the judgment of
conviction or order of supervision or probation to the
appropriate regional superintendent of schools. The regional
superintendent of schools shall notify the State Board of
Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is
convicted of a felony and who has not been previously
convicted of a misdemeanor or felony and who is sentenced to
a term of imprisonment in the Illinois Department of
Corrections shall as a condition of his or her sentence be
required by the court to attend educational courses designed
to prepare the defendant for a high school diploma and to
work toward a high school diploma or to work toward passing
the high school level Test of General Educational Development
(GED) or to work toward completing a vocational training
program offered by the Department of Corrections. If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration, the
Prisoner Review Board shall, as a condition of mandatory
supervised release, require the defendant, at his or her own
expense, to pursue a course of study toward a high school
diploma or passage of the GED test. The Prisoner Review
Board shall revoke the mandatory supervised release of a
defendant who wilfully fails to comply with this subsection
(j-5) upon his or her release from confinement in a penal
institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the
defendant whose mandatory supervised release term has been
revoked under this subsection (j-5) as provided in Section
3-3-9. This subsection (j-5) does not apply to a defendant
who has a high school diploma or has successfully passed the
GED test. This subsection (j-5) does not apply to a defendant
who is determined by the court to be developmentally disabled
or otherwise mentally incapable of completing the educational
or vocational program.
(k) A court may not impose a sentence or disposition for
a felony or misdemeanor that requires the defendant to be
implanted or injected with or to use any form of birth
control.
(l) (A) Except as provided in paragraph (C) of
subsection (l), whenever a defendant, who is an alien as
defined by the Immigration and Nationality Act, is
convicted of any felony or misdemeanor offense, the court
after sentencing the defendant may, upon motion of the
State's Attorney, hold sentence in abeyance and remand
the defendant to the custody of the Attorney General of
the United States or his or her designated agent to be
deported when:
(1) a final order of deportation has been
issued against the defendant pursuant to proceedings
under the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of
justice.
Otherwise, the defendant shall be sentenced as
provided in this Chapter V.
(B) If the defendant has already been sentenced for
a felony or misdemeanor offense, or has been placed on
probation under Section 10 of the Cannabis Control Act or
Section 410 of the Illinois Controlled Substances Act,
the court may, upon motion of the State's Attorney to
suspend the sentence imposed, commit the defendant to the
custody of the Attorney General of the United States or
his or her designated agent when:
(1) a final order of deportation has been
issued against the defendant pursuant to proceedings
under the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of
justice.
(C) This subsection (l) does not apply to offenders
who are subject to the provisions of paragraph (2) of
subsection (a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a
defendant sentenced under this Section returns to the
jurisdiction of the United States, the defendant shall be
recommitted to the custody of the county from which he or
she was sentenced. Thereafter, the defendant shall be
brought before the sentencing court, which may impose any
sentence that was available under Section 5-5-3 at the
time of initial sentencing. In addition, the defendant
shall not be eligible for additional good conduct credit
for meritorious service as provided under Section 3-6-6.
(m) A person convicted of criminal defacement of
property under Section 21-1.3 of the Criminal Code of 1961,
in which the property damage exceeds $300 and the property
damaged is a school building, shall be ordered to perform
community service that may include cleanup, removal, or
painting over the defacement.
(Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00;
91-663, eff. 12-22-99; 91-695, eff. 4-13-00; 91-953, eff.
2-23-01; 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; 92-283,
eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff. 8-17-01;
92-422, eff. 8-17-01; revised 8-28-01.)
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
Sec. 5-6-3. Conditions of Probation and of Conditional
Discharge.
(a) The conditions of probation and of conditional
discharge shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) report to or appear in person before such
person or agency as directed by the court;
(3) refrain from possessing a firearm or other
dangerous weapon;
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the person's probation
officer;
(5) permit the probation officer to visit him at
his home or elsewhere to the extent necessary to
discharge his duties;
(6) perform no less than 30 hours of community
service and not more than 120 hours of community service,
if community service is available in the jurisdiction and
is funded and approved by the county board where the
offense was committed, where the offense was related to
or in furtherance of the criminal activities of an
organized gang and was motivated by the offender's
membership in or allegiance to an organized gang. The
community service shall include, but not be limited to,
the cleanup and repair of any damage caused by a
violation of Section 21-1.3 of the Criminal Code of 1961
and similar damage to property located within the
municipality or county in which the violation occurred.
When possible and reasonable, the community service
should be performed in the offender's neighborhood. For
purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act;
(7) if he or she is at least 17 years of age and
has been sentenced to probation or conditional discharge
for a misdemeanor or felony in a county of 3,000,000 or
more inhabitants and has not been previously convicted of
a misdemeanor or felony, may be required by the
sentencing court to attend educational courses designed
to prepare the defendant for a high school diploma and to
work toward a high school diploma or to work toward
passing the high school level Test of General Educational
Development (GED) or to work toward completing a
vocational training program approved by the court. The
person on probation or conditional discharge must attend
a public institution of education to obtain the
educational or vocational training required by this
clause (7). The court shall revoke the probation or
conditional discharge of a person who wilfully fails to
comply with this clause (7). The person on probation or
conditional discharge shall be required to pay for the
cost of the educational courses or GED test, if a fee is
charged for those courses or test. The court shall
resentence the offender whose probation or conditional
discharge has been revoked as provided in Section 5-6-4.
This clause (7) does not apply to a person who has a high
school diploma or has successfully passed the GED test.
This clause (7) does not apply to a person who is
determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the
educational or vocational program;
(8) if convicted of possession of a substance
prohibited by the Cannabis Control Act or Illinois
Controlled Substances Act after a previous conviction or
disposition of supervision for possession of a substance
prohibited by the Cannabis Control Act or Illinois
Controlled Substances Act or after a sentence of
probation under Section 10 of the Cannabis Control Act or
Section 410 of the Illinois Controlled Substances Act and
upon a finding by the court that the person is addicted,
undergo treatment at a substance abuse program approved
by the court; and
(9) if convicted of a felony, physically surrender
at a time and place designated by the court, his or her
Firearm Owner's Identification Card and any and all
firearms in his or her possession.
(b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
(1) serve a term of periodic imprisonment under
Article 7 for a period not to exceed that specified in
paragraph (d) of Section 5-7-1;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for
the instruction or residence of defendants on probation;
(6) support his dependents;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for
youth;
(iv) contribute to his own support at home or
in a foster home;
(v) with the consent of the superintendent of
the facility, attend an educational program at a
facility other than the school in which the offense
was committed if he or she is convicted of a crime
of violence as defined in Section 2 of the Crime
Victims Compensation Act committed in a school, on
the real property comprising a school, or within
1,000 feet of the real property comprising a school;
(8) make restitution as provided in Section 5-5-6
of this Code;
(9) perform some reasonable public or community
service;
(10) serve a term of home confinement. In addition
to any other applicable condition of probation or
conditional discharge, the conditions of home confinement
shall be that the offender:
(i) remain within the interior premises of the
place designated for his confinement during the
hours designated by the court;
(ii) admit any person or agent designated by
the court into the offender's place of confinement
at any time for purposes of verifying the offender's
compliance with the conditions of his confinement;
and
(iii) if further deemed necessary by the court
or the Probation or Court Services Department, be
placed on an approved electronic monitoring device,
subject to Article 8A of Chapter V;
(iv) for persons convicted of any alcohol,
cannabis or controlled substance violation who are
placed on an approved monitoring device as a
condition of probation or conditional discharge, the
court shall impose a reasonable fee for each day of
the use of the device, as established by the county
board in subsection (g) of this Section, unless
after determining the inability of the offender to
pay the fee, the court assesses a lesser fee or no
fee as the case may be. This fee shall be imposed in
addition to the fees imposed under subsections (g)
and (i) of this Section. The fee shall be collected
by the clerk of the circuit court. The clerk of the
circuit court shall pay all monies collected from
this fee to the county treasurer for deposit in the
substance abuse services fund under Section 5-1086.1
of the Counties Code; and
(v) for persons convicted of offenses other
than those referenced in clause (iv) above and who
are placed on an approved monitoring device as a
condition of probation or conditional discharge, the
court shall impose a reasonable fee for each day of
the use of the device, as established by the county
board in subsection (g) of this Section, unless
after determining the inability of the defendant to
pay the fee, the court assesses a lesser fee or no
fee as the case may be. This fee shall be imposed
in addition to the fees imposed under subsections
(g) and (i) of this Section. The fee shall be
collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer who
shall use the monies collected to defray the costs
of corrections. The county treasurer shall deposit
the fee collected in the county working cash fund
under Section 6-27001 or Section 6-29002 of the
Counties Code, as the case may be.
(11) comply with the terms and conditions of an
order of protection issued by the court pursuant to the
Illinois Domestic Violence Act of 1986, as now or
hereafter amended, or an order of protection issued by
the court of another state, tribe, or United States
territory. A copy of the order of protection shall be
transmitted to the probation officer or agency having
responsibility for the case;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council
Act for any reasonable expenses incurred by the program
on the offender's case, not to exceed the maximum amount
of the fine authorized for the offense for which the
defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, to a
"local anti-crime program", as defined in Section 7 of
the Anti-Crime Advisory Council Act;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer, if the defendant has been placed on
probation or advance approval by the court, if the
defendant was placed on conditional discharge;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug.
(c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's
license during the period of probation or conditional
discharge. If such person is in possession of a permit or
license, the court may require that the minor refrain from
driving or operating any motor vehicle during the period of
probation or conditional discharge, except as may be
necessary in the course of the minor's lawful employment.
(d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
(e) Except where the offender has committed a fourth or
subsequent violation of subsection (c) of Section 6-303 of
the Illinois Vehicle Code, the court shall not require as a
condition of the sentence of probation or conditional
discharge that the offender be committed to a period of
imprisonment in excess of 6 months. This 6 month limit shall
not include periods of confinement given pursuant to a
sentence of county impact incarceration under Section
5-8-1.2. This 6 month limit does not apply to a person
sentenced to probation as a result of a conviction of a
fourth or subsequent violation of subsection (c-4) of Section
11-501 of the Illinois Vehicle Code or a similar provision of
a local ordinance.
Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
(f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
(g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes
mandatory drug or alcohol testing, or both, or is assigned to
be placed on an approved electronic monitoring device, shall
be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs incidental to such
approved electronic monitoring in accordance with the
defendant's ability to pay those costs. The county board
with the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish
reasonable fees for the cost of maintenance, testing, and
incidental expenses related to the mandatory drug or alcohol
testing, or both, and all costs incidental to approved
electronic monitoring, involved in a successful probation
program for the county. The concurrence of the Chief Judge
shall be in the form of an administrative order. The fees
shall be collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all moneys collected
from these fees to the county treasurer who shall use the
moneys collected to defray the costs of drug testing, alcohol
testing, and electronic monitoring. The county treasurer
shall deposit the fees collected in the county working cash
fund under Section 6-27001 or Section 6-29002 of the Counties
Code, as the case may be.
(h) Jurisdiction over an offender may be transferred
from the sentencing court to the court of another circuit
with the concurrence of both courts, or to another state
under an Interstate Probation Reciprocal Agreement as
provided in Section 3-3-11. Further transfers or retransfers
of jurisdiction are also authorized in the same manner. The
court to which jurisdiction has been transferred shall have
the same powers as the sentencing court.
(i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992, as a condition of such probation or
conditional discharge, a fee of $25 for each month of
probation or conditional discharge supervision ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge to pay the
fee, the court assesses a lesser fee. The court may not
impose the fee on a minor who is made a ward of the State
under the Juvenile Court Act of 1987 while the minor is in
placement. The fee shall be imposed only upon an offender who
is actively supervised by the probation and court services
department. The fee shall be collected by the clerk of the
circuit court. The clerk of the circuit court shall pay all
monies collected from this fee to the county treasurer for
deposit in the probation and court services fund under
Section 15.1 of the Probation and Probation Officers Act.
(j) All fines and costs imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(Source: P.A. 91-325, eff. 7-29-99; 91-696, eff. 4-13-00;
91-903, eff. 1-1-01; 92-282, eff. 8-7-01; 92-340, eff.
8-10-01; 92-418, eff. 8-17-01; 92-442, eff. 8-17-01; revised
10-11-01.)
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
Sec. 5-6-3.1. Incidents and Conditions of Supervision.
(a) When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such supervision, and shall defer further proceedings in the
case until the conclusion of the period.
(b) The period of supervision shall be reasonable under
all of the circumstances of the case, but may not be longer
than 2 years, unless the defendant has failed to pay the
assessment required by Section 10.3 of the Cannabis Control
Act or Section 411.2 of the Illinois Controlled Substances
Act, in which case the court may extend supervision beyond 2
years. Additionally, the court shall order the defendant to
perform no less than 30 hours of community service and not
more than 120 hours of community service, if community
service is available in the jurisdiction and is funded and
approved by the county board where the offense was committed,
when the offense (1) was related to or in furtherance of the
criminal activities of an organized gang or was motivated by
the defendant's membership in or allegiance to an organized
gang; or (2) is a violation of any Section of Article 24 of
the Criminal Code of 1961 where a disposition of supervision
is not prohibited by Section 5-6-1 of this Code. The
community service shall include, but not be limited to, the
cleanup and repair of any damage caused by violation of
Section 21-1.3 of the Criminal Code of 1961 and similar
damages to property located within the municipality or county
in which the violation occurred. Where possible and
reasonable, the community service should be performed in the
offender's neighborhood.
For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the court require that
the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the
order of supervision;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for
the instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other
dangerous weapon;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for
youth;
(iv) contribute to his own support at home or
in a foster home; or
(v) with the consent of the superintendent of
the facility, attend an educational program at a
facility other than the school in which the offense
was committed if he or she is placed on supervision
for a crime of violence as defined in Section 2 of
the Crime Victims Compensation Act committed in a
school, on the real property comprising a school, or
within 1,000 feet of the real property comprising a
school;
(9) make restitution or reparation in an amount not
to exceed actual loss or damage to property and pecuniary
loss or make restitution under Section 5-5-6 to a
domestic violence shelter. The court shall determine the
amount and conditions of payment;
(10) perform some reasonable public or community
service;
(11) comply with the terms and conditions of an
order of protection issued by the court pursuant to the
Illinois Domestic Violence Act of 1986 or an order of
protection issued by the court of another state, tribe,
or United States territory. If the court has ordered the
defendant to make a report and appear in person under
paragraph (1) of this subsection, a copy of the order of
protection shall be transmitted to the person or agency
so designated by the court;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council
Act for any reasonable expenses incurred by the program
on the offender's case, not to exceed the maximum amount
of the fine authorized for the offense for which the
defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, to a
"local anti-crime program", as defined in Section 7 of
the Anti-Crime Advisory Council Act;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of person, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug;
(17) refrain from operating any motor vehicle not
equipped with an ignition interlock device as defined in
Section 1-129.1 of the Illinois Vehicle Code. Under this
condition the court may allow a defendant who is not
self-employed to operate a vehicle owned by the
defendant's employer that is not equipped with an
ignition interlock device in the course and scope of the
defendant's employment.
(d) The court shall defer entering any judgment on the
charges until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if
the court determines that the defendant has successfully
complied with all of the conditions of supervision, the court
shall discharge the defendant and enter a judgment dismissing
the charges.
(f) Discharge and dismissal upon a successful conclusion
of a disposition of supervision shall be deemed without
adjudication of guilt and shall not be termed a conviction
for purposes of disqualification or disabilities imposed by
law upon conviction of a crime. Two years after the
discharge and dismissal under this Section, unless the
disposition of supervision was for a violation of Sections
3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
Vehicle Code or a similar provision of a local ordinance, or
for a violation of Sections 12-3.2 or 16A-3 of the Criminal
Code of 1961, in which case it shall be 5 years after
discharge and dismissal, a person may have his record of
arrest sealed or expunged as may be provided by law.
However, any defendant placed on supervision before January
1, 1980, may move for sealing or expungement of his arrest
record, as provided by law, at any time after discharge and
dismissal under this Section. A person placed on supervision
for a sexual offense committed against a minor as defined in
subsection (g) of Section 5 of the Criminal Identification
Act or for a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance
shall not have his or her record of arrest sealed or
expunged.
(g) A defendant placed on supervision and who during the
period of supervision undergoes mandatory drug or alcohol
testing, or both, or is assigned to be placed on an approved
electronic monitoring device, shall be ordered to pay the
costs incidental to such mandatory drug or alcohol testing,
or both, and costs incidental to such approved electronic
monitoring in accordance with the defendant's ability to pay
those costs. The county board with the concurrence of the
Chief Judge of the judicial circuit in which the county is
located shall establish reasonable fees for the cost of
maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs
incidental to approved electronic monitoring, of all
defendants placed on supervision. The concurrence of the
Chief Judge shall be in the form of an administrative order.
The fees shall be collected by the clerk of the circuit
court. The clerk of the circuit court shall pay all moneys
collected from these fees to the county treasurer who shall
use the moneys collected to defray the costs of drug testing,
alcohol testing, and electronic monitoring. The county
treasurer shall deposit the fees collected in the county
working cash fund under Section 6-27001 or Section 6-29002 of
the Counties Code, as the case may be.
(h) A disposition of supervision is a final order for
the purposes of appeal.
(i) The court shall impose upon a defendant placed on
supervision after January 1, 1992, as a condition of
supervision, a fee of $25 for each month of supervision
ordered by the court, unless after determining the inability
of the person placed on supervision to pay the fee, the court
assesses a lesser fee. The court may not impose the fee on a
minor who is made a ward of the State under the Juvenile
Court Act of 1987 while the minor is in placement. The fee
shall be imposed only upon a defendant who is actively
supervised by the probation and court services department.
The fee shall be collected by the clerk of the circuit court.
The clerk of the circuit court shall pay all monies collected
from this fee to the county treasurer for deposit in the
probation and court services fund pursuant to Section 15.1 of
the Probation and Probation Officers Act.
(j) All fines and costs imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(k) A defendant at least 17 years of age who is placed
on supervision for a misdemeanor in a county of 3,000,000 or
more inhabitants and who has not been previously convicted of
a misdemeanor or felony may as a condition of his or her
supervision be required by the court to attend educational
courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work
toward passing the high school level Test of General
Educational Development (GED) or to work toward completing a
vocational training program approved by the court. The
defendant placed on supervision must attend a public
institution of education to obtain the educational or
vocational training required by this subsection (k). The
defendant placed on supervision shall be required to pay for
the cost of the educational courses or GED test, if a fee is
charged for those courses or test. The court shall revoke
the supervision of a person who wilfully fails to comply with
this subsection (k). The court shall resentence the
defendant upon revocation of supervision as provided in
Section 5-6-4. This subsection (k) does not apply to a
defendant who has a high school diploma or has successfully
passed the GED test. This subsection (k) does not apply to a
defendant who is determined by the court to be
developmentally disabled or otherwise mentally incapable of
completing the educational or vocational program.
(l) The court shall require a defendant placed on
supervision for possession of a substance prohibited by the
Cannabis Control Act or Illinois Controlled Substances Act
after a previous conviction or disposition of supervision for
possession of a substance prohibited by the Cannabis Control
Act or Illinois Controlled Substances Act or a sentence of
probation under Section 10 of the Cannabis Control Act or
Section 410 of the Illinois Controlled Substances Act and
after a finding by the court that the person is addicted, to
undergo treatment at a substance abuse program approved by
the court.
(m) The Secretary of State shall require anyone placed
on court supervision for a violation of Section 3-707 of the
Illinois Vehicle Code or a similar provision of a local
ordinance to give proof of his or her financial
responsibility as defined in Section 7-315 of the Illinois
Vehicle Code. The proof shall be maintained by the
individual in a manner satisfactory to the Secretary of State
for a minimum period of one year after the date the proof is
first filed. The proof shall be limited to a single action
per arrest and may not be affected by any post-sentence
disposition. The Secretary of State shall suspend the
driver's license of any person determined by the Secretary to
be in violation of this subsection.
(Source: P.A. 91-127, eff. 1-1-00; 91-696, eff. 4-13-00;
91-903, eff. 1-1-01; 92-282, eff. 8-7-01; 92-458, eff.
8-22-01; revised 10-11-01.)
(730 ILCS 5/5-8-3) (from Ch. 38, par. 1005-8-3)
Sec. 5-8-3. Sentence of Imprisonment for Misdemeanor.)
(a) A sentence of imprisonment for a misdemeanor shall
be for a determinate term according to the following
limitations:
(1) for a Class A misdemeanor, for any term less
than one year;
(2) for a Class B misdemeanor, for not more than 6
months;
(3) for a Class C misdemeanor, for not more than 30
days.
(b) The good behavioral allowance shall be determined
under Section 3 of the County Jail Misdemeanant Good Behavior
Allowance Act.
(Source: P.A. 81-1050; revised 12-07-01.)
Section 84. The Code of Civil Procedure is amended by
changing Sections 3-101 and 8-402 as follows:
(735 ILCS 5/3-101) (from Ch. 110, par. 3-101)
Sec. 3-101. Definitions. For the purpose of this Act:
"Administrative agency" means a person, body of persons,
group, officer, board, bureau, commission or department
(other than a court or judge) of the State, or of any
political subdivision of the State or municipal in the State
corporation in the State, having power under law to make
administrative decisions.
"Administrative decision" or "decision" means any
decision, order or determination of any administrative agency
rendered in a particular case, which affects the legal
rights, duties or privileges of parties and which terminates
the proceedings before the administrative agency. In all
cases in which a statute or a rule of the administrative
agency requires or permits an application for a rehearing or
other method of administrative review to be filed within a
specified time (as distinguished from a statute which permits
the application for rehearing or administrative review to be
filed at any time before judgment by the administrative
agency against the applicant or within a specified time after
the entry of such judgment), and an application for such
rehearing or review is made, no administrative decision of
such agency shall be final as to the party applying therefor
until such rehearing or review is had or denied. However, if
the particular statute permits an application for rehearing
or other method of administrative review to be filed with the
administrative agency for an indefinite period of time after
the administrative decision has been rendered (such as
permitting such application to be filed at any time before
judgment by the administrative agency against the applicant
or within a specified time after the entry of such judgment),
then the authorization for the filing of such application for
rehearing or review shall not postpone the time when the
administrative decision as to which such application shall be
filed would otherwise become final, but the filing of the
application for rehearing or review with the administrative
agency in this type of case shall constitute the commencement
of a new proceeding before such agency, and the decision
rendered in order to dispose of such rehearing or other
review proceeding shall constitute a new and independent
administrative decision. If such new and independent
decision consists merely of the denial of the application for
rehearing or other method of administrative review, the
record upon judicial review of such decision shall be limited
to the application for rehearing or other review and the
order or decision denying such application and shall not
include the record of proceedings had before the rendering of
the administrative decision as to which the application for
rehearing or other administrative review shall have been
filed unless the suit for judicial review is commenced within
the time in which it would be authorized by this Act to have
been commenced if no application for rehearing or other
method of administrative review had been filed. On the other
hand, if the rehearing or other administrative review is
granted by the administrative agency, then the record on
judicial review of the resulting administrative decision
rendered pursuant to the rehearing or other administrative
review may consist not only of the record of proceedings had
before the administrative agency in such rehearing or other
administrative review proceeding, but also of the record of
proceedings had before such administrative agency prior to
its rendering of the administrative decision as to which the
rehearing or other administrative review shall have been
granted. The term "administrative decision" or "decision"
does not mean or include rules, regulations, standards, or
statements of policy of general application issued by an
administrative agency to implement, interpret, or make
specific the legislation enforced or administered by it
unless such a rule, regulation, standard or statement of
policy is involved in a proceeding before the agency and its
applicability or validity is in issue in such proceeding, nor
does it mean or include regulations concerning the internal
management of the agency not affecting private rights or
interests.
(Source: P.A. 88-1; revised 4-19-01.)
(735 ILCS 5/8-402) (from Ch. 110, par. 8-402)
Sec. 8-402. Production of books and writings. The
circuit courts shall have power, in any action pending before
them, upon motion, and good and sufficient cause shown, and
reasonable notice thereof given, to require the parties, or
either of them, to produce books or writings in their
possession or of power which contain evidence pertinent to
the issue.
(Source: P.A. 82-280; revised 4-17-01.)
Section 85. The Crime Victims Compensation Act is
amended by changing Section 10.1 as follows:
(740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
Sec. 10.1. Amount of compensation. The amount of
compensation to which an applicant and other persons are is
entitled shall be based on the following factors:
(a) A victim may be compensated for his or her pecuniary
loss.;
(b) A dependent may be compensated for loss of support.;
(c) Any person, even though not dependent upon the
victim for his or her support, may be compensated for
reasonable funeral, medical and hospital expenses of the
victim to the extent to which he or she has paid or become
obligated to pay such expenses and only after compensation
for reasonable funeral, medical and hospital expenses of the
victim have been awarded may compensation be made for
reasonable expenses of the victim incurred for psychological
treatment of a mental or emotional condition caused or
aggravated by the crime.;
(d) An award shall be reduced or denied according to the
extent to which the victim's acts or conduct provoked or
contributed to his or her injury or death, or the extent to
which any prior criminal conviction or conduct of the victim
may have directly or indirectly contributed to the injury or
death of the victim.;
(e) An award shall be reduced by the amount of benefits,
payments or awards payable under those sources which are
required to be listed under item (7) of Section 7.1(a) and
any other sources except annuities, pension plans, Federal
Social Security payments payable to dependents of the victim
and the net proceeds of the first $25,000 of life insurance
that would inure to the benefit of the applicant, which the
applicant or any other person dependent for the support of a
deceased victim, as the case may be, has received or to which
he or she is entitled as a result of injury to or death of
the victim.
(f) A final award shall not exceed $10,000 for a crime
committed prior to September 22, 1979, $15,000 for a crime
committed on or after September 22, 1979 and prior to January
1, 1986, $25,000 for a crime committed on or after January 1,
1986 and prior to August 7, the effective date of this
amendatory Act of 1998, or $27,000 for a crime committed on
or after August 7, the effective date of this amendatory Act
of 1998. If the total pecuniary loss is greater than the
maximum amount allowed, the award shall be divided in
proportion to the amount of actual loss among those entitled
to compensation.;
(g) Compensation under this Act is a secondary source of
compensation and the applicant must show that he or she has
exhausted the benefits reasonably available under the
Criminal Victims' Escrow Account Act or any governmental or
medical or health insurance programs, including, but not
limited to Workers' Compensation, the Federal Medicare
program, the State Public Aid program, Social Security
Administration burial benefits, Veterans Administration
burial benefits, and life, health, accident or liability
insurance.
(Source: P.A. 92-427, eff. 1-1-02; revised 12-04-01.)
Section 86. The Whistleblower Reward and Protection Act
is amended by changing Section 6 as follows:
(740 ILCS 175/6) (from Ch. 127, par. 4106)
Sec. 6. Civil investigative demands.
(a) In general.
(1) Issuance and service. Whenever the Attorney
General has reason to believe that any person may be in
possession, custody, or control of any documentary
material or information relevant to an investigation, the
Attorney General may, before commencing a civil
proceeding under this Act, issue in writing and cause to
be served upon such person, a civil investigative demand
requiring such person:
(A) to produce such documentary material for
inspection and copying,
(B) to answer, in writing, written
interrogatories with respect to such documentary
material or information,
(C) to give oral testimony concerning such
documentary material or information, or
(D) to furnish any combination of such
material, answers, or testimony.
The Attorney General shall delegate the authority to issue
civil investigative demands under this subsection (a) to the
Department of State Police. Whenever a civil investigative
demand is an express demand for any product of discovery, the
Attorney General, an Assistant Attorney General or the
delegate of the Department of State Police shall cause to be
served, in any manner authorized by this Section, a copy of
such demand upon the person from whom the discovery was
obtained and shall notify the person to whom such demand is
issued of the date on which such copy was served.
(2) Contents and deadlines.
(A) Each civil investigative demand issued
under paragraph (1) shall state the nature of the
conduct constituting and alleged violation which is
under investigation, and the applicable provision of
law alleged to be violated.
(B) If such demand is for the production of
documentary material, the demand shall:
(i) describe each class of documentary
material to be produced with such definiteness
and certainty as to permit such material to be
fairly identified;
(ii) prescribe a return date for each
such class which will provide a reasonable
period of time within which the material so
demanded may be assembled and made available
for inspection and copying; and
(iii) identify the investigator to whom
such material shall be made available.
(C) If such demand is for answers to written
interrogatories, the demand shall:
(i) set forth with specificity the
written interrogatories to be answered;
(ii) prescribe dates at which time
answers to written interrogatories shall be
submitted; and
(iii) identify the investigator to whom
such answers shall be submitted.
(D) If such demand is for the giving of oral
testimony, the demand shall:
(i) prescribe a date, time, and place at
which oral testimony shall be commenced;
(ii) identify an investigator who shall
conduct the examination and the custodian to
whom the transcript of such examination shall
be submitted;
(iii) specify that such attendance and
testimony are necessary to the conduct of the
investigation;
(iv) notify the person receiving the
demand of the right to be accompanied by an
attorney and any other representative; and
(v) describe the general purpose for
which the demand is being issued and the
general nature of the testimony, including the
primary areas of inquiry, which will be taken
pursuant to the demand.
(E) Any civil investigative demand issued
under this Section which is an express demand for
any product of discovery shall not be returned or
returnable until 20 days after a copy of such demand
has been served upon the person from whom the
discovery was obtained.
(F) The date prescribed for the commencement
of oral testimony pursuant to a civil investigative
demand issued under this Section shall be a date
which is not less than 7 days after the date on
which demand is received, unless the Attorney
General or an Assistant Attorney General designated
by the Attorney General or the delegate of the
Department of State Police determines that
exceptional circumstances are present which warrant
the commencement of such testimony within a lesser
period of time.
(G) The Attorney General or the delegate of
the Department of State Police shall not authorize
the issuance under this Section of more than one
civil investigative demand for oral testimony by the
same person unless the person requests otherwise or
unless the Attorney General or the delegate of the
Department of State Police, after investigation,
notifies that person in writing that an additional
demand for oral testimony is necessary. The
Attorney General shall authorize the performance by
the delegate of the Department of State Police of
any function vested in the Attorney General under
this subparagraph (G).
(b) Protected material or information.
(1) In general. A civil investigative demand
issued under subsection (a) may not require the
production of any documentary material, the submission of
any answers to written interrogatories, or the giving of
any oral testimony if such material, answers, or
testimony would be protected from disclosure under:
(A) the standards applicable to subpoenas or
subpoenas duces tecum issued by a court of this
State to aid in a grand jury investigation; or
(B) the standards applicable to discovery
requests under the Code of Civil Procedure, to the
extent that the application of such standards to any
such demand is appropriate and consistent with the
provisions and purposes of this Section.
(2) Effect on other orders, rules, and laws. Any
such demand which is an express demand for any product of
discovery supersedes any inconsistent order, rule, or
provision of law (other than this Section) preventing or
restraining disclosure of such product of discovery to
any person. Disclosure of any product of discovery
pursuant to any such express demand does not constitute a
waiver of any right or privilege which the person making
make such disclosure may be entitled to invoke to resist
discovery of trial preparation materials.
(c) Service; jurisdiction.
(1) By whom served. Any civil investigative demand
issued under subsection (a) may be served by an
investigator, or by any person authorized to serve
process on individuals within Illinois.
(2) Service in foreign countries. Any such demand
or any petition filed under subsection (j) may be served
upon any person who is not found within Illinois in such
manner as the Code of Civil Procedure prescribes for
service of process outside Illinois. To the extent that
the courts of this State can assert jurisdiction over any
such person consistent with due process, the courts of
this State shall have the same jurisdiction to take any
action respecting compliance with this Section by any
such person that such court would have if such person
were personally within the jurisdiction of such court.
(d) Service upon legal entities and natural persons. (1)
Legal entities. Service of any civil investigative demand
issued under subsection (a) or of any petition filed under
subsection (j) may be made upon a partnership, corporation,
association, or other legal entity by:
(A) delivering an executed copy of such demand
or petition to any partner, executive officer,
managing agent, general agent, or registered agent
of the partnership, corporation, association or
entity;
(B) delivering an executed copy of such demand
or petition to the principal office or place of
business of the partnership, corporation,
association, or entity; or
(C) depositing an executed copy of such demand
or petition in the United States mails by registered
or certified mail, with a return receipt requested,
addressed to such partnership, corporation,
association, or entity as its principal office or
place of business.
(2) Natural person. Service of any such demand or
petition may be made upon any natural person by:
(A) delivering an executed copy of such demand
or petition to the person; or
(B) depositing an executed copy of such demand
or petition in the United States mails by registered
or certified mail, with a return receipt requested,
addressed to the person at the person's residence or
principal office or place of business.
(e) Proof of service. A verified return by the
individual serving any civil investigative demand issued
under subsection (a) or any petition filed under subsection
(j) setting forth the manner of such service shall be proof
of such service. In the case of service by registered or
certified mail, such return shall be accompanied by the
return post office receipt of delivery of such demand.
(f) Documentary material. (1) Sworn certificates. The
production of documentary material in response to a civil
investigative demand served under this Section shall be made
under a sworn certificate, in such form as the demand
designates, by:
(A) in the case of a natural person, the
person to whom the demand is directed, or
(B) in the case of a person other than a
natural person, a person having knowledge of the
facts and circumstances relating to such production
and authorized to act on behalf of such person.
The certificate shall state that all of the documentary
material required by the demand and in the possession,
custody, or control of the person to whom the demand is
directed has been produced and made available to the
investigator identified in the demand.
(2) Production of materials. Any person upon whom
any civil investigative demand for the production of
documentary material has been served under this Section
shall make such material available for inspection and
copying to the investigator identified in such demand at
the principal place of business of such person, or at
such other place as the investigator and the person
thereafter may agree and prescribe in writing, or as the
court may direct under subsection (j)(1). Such material
shall be made so available on the return date specified
in such demand, or on such later date as the investigator
may prescribe in writing. Such person may, upon written
agreement between the person and the investigator,
substitute copies for originals of all or any part of
such material.
(g) Interrogatories. Each interrogatory in a civil
investigative demand served under this Section shall be
answered separately and fully in writing under oath and shall
be submitted under a sworn certificate, in such form as the
demand designates by:
(1) in the case of a natural person, the person to
whom the demand is directed, or
(2) in the case of a person other than a natural
person, the person or persons responsible for answering
each interrogatory.
If any interrogatory is objected to, the reasons for the
objection shall be stated in the certificate instead of an
answer. The certificate shall state that all information
required by the demand and in the possession, custody,
control, or knowledge of the person to whom the demand is
directed has been submitted. To the extent that any
information is not furnished, the information shall be
identified and reasons set forth with particularity regarding
the reasons why the information was not furnished.
(h) Oral examinations.
(1) Procedures. The examination of any person
pursuant to a civil investigative demand for oral
testimony served under this Section shall be taken before
an officer authorized to administer oaths and
affirmations by the laws of this State or of the place
where the examination is held. The officer before whom
the testimony is to be taken shall put the witness on
oath or affirmation and shall, personally or by someone
acting under the direction of the officer and in the
officer's presence, record the testimony of the witness.
The testimony shall be taken stenographically and shall
be transcribed. When the testimony is fully transcribed,
the officer before whom the testimony is taken shall
promptly transmit a copy of the transcript of the
testimony to the custodian. This subsection shall not
preclude the taking of testimony by any means authorized
by, and in a manner consistent with, the Code of Civil
Procedure.
(2) Persons present. The investigator conducting
the examination shall exclude from the place where the
examination is held all persons except the person giving
the testimony, the attorney for and any other
representative of the person giving the testimony, the
attorney for the State, any person who may be agreed upon
by the attorney for the State and the person giving the
testimony, the officer before whom the testimony is to be
taken, and any stenographer taking such testimony.
(3) Where testimony taken. The oral testimony of
any person taken pursuant to a civil investigative demand
served under this Section shall be taken in the county
within which such person resides, is found, or transacts
business, or in such other place as may be agreed upon by
the investigator conducting the examination and such
person.
(4) Transcript of testimony. When the testimony is
fully transcribed, the investigator or the officer before
whom the testimony is taken shall afford the witness, who
may be accompanied by counsel, a reasonable opportunity
to examine and read the transcript, unless such
examination and reading are waived by the witness. Any
changes in form or substance which the witness desires to
make shall be entered and identified upon the transcript
by the officer or the investigator, with a statement of
the reasons given by the witness for making such changes.
The transcript shall then be signed by the witness,
unless the witness in writing waives the signing, is ill,
cannot be found, or refuses to sign. If the transcript
is not signed by the witness within 30 days after being
afforded a reasonable opportunity to examine it, the
officer of investigator shall sign it and state on the
record the fact of the waiver, illness, absence of the
witness, or the refusal to sign, together with the
reasons, if any, given therefor.
(5) Certification and delivery to custodian. The
officer before whom the testimony is taken shall certify
on the transcript that the witness was sworn by the
officer and that the transcript is a true record of the
testimony given by the witness, and the officer or
investigator shall promptly deliver the transcript, or
send the transcript by registered or certified mail, to
the custodian.
(6) Furnishing or inspection of transcript by
witness. Upon payment of reasonable charges therefor, the
investigator shall furnish a copy of the transcript to
the witness only, except that the Attorney General, an
Assistant Attorney General or employee of the Department
of State Police may, for good cause, limit such witness
to inspection of the official transcript of the witness'
testimony.
(7) Conduct of oral testimony.
(A) Any person compelled to appear for oral
testimony under a civil investigative demand issued
under subsection (a) may be accompanied,
represented, and advised by counsel. Counsel may
advise such person, in confidence, with respect to
any question asked of such person. Such person or
counsel may object on the record to any question, in
whole or in part, and shall briefly state for the
record the reason for the objection. An objection
may be made, received, and entered upon the record
when it is claimed that such person is entitled to
refuse to answer the question on the grounds of any
constitutional or other legal right or privilege,
including the privilege against self-incrimination.
If such person refuses to answer any question, a
petition may be filed in circuit court under
subsection (j)(1) for an order compelling such
person to answer such question.
(B) If such person refuses any question on the
grounds of the privilege against self-incrimination,
the testimony of such person may be compelled in
accordance with Article 106 of the Code of Criminal
Procedure of 1963.
(8) Witness fees and allowances. Any person
appearing for oral testimony under a civil investigative
demand issued under subsection (a) shall be entitled to
the same fees and allowances which are paid to witnesses
in the circuit court.
(i) Custodians of documents, answers, and
transcripts.
(1) Designation. The Attorney General shall
designate the Department of State Police to serve as
custodian of documentary material, answers to
interrogatories, and transcripts of oral testimony
received under this Section and shall designate
additional employees of the Department of State Police as
the Attorney General determines from time to time to be
necessary to serve as deputies to the custodian.
(2) Responsibility for materials; disclosure.
(A) An investigator who receives any
documentary material, answers to interrogatories, or
transcripts of oral testimony under this Section
shall transmit them to the custodian. The custodian
shall take physical possession of such material,
answers, or transcripts and shall be responsible for
the use made of them and for the return of
documentary material under paragraph (4).
(B) The custodian may cause the preparation of
such copies of such documentary material, answers to
interrogatories, or transcripts of oral testimony as
may be required for official use by any
investigator, or other officer or employee of the
Attorney General or employee of the Department of
State Police who is authorized for such use under
regulations which the Attorney General shall issue.
Such material, answers, and transcripts may be used
by any such authorized investigator or other officer
or employee in connection with the taking of oral
testimony under this Section.
(C) Except as otherwise provided in this
subsection (i), no documentary material, answers to
interrogatories, or transcripts of oral testimony,
or copies thereof, while in the possession of the
custodian, shall be available for examination by any
individual other than an investigator or other
officer or employee of the Attorney General or
employee of the Department of State Police
authorized under subparagraph (B). The prohibition
in the preceding sentence on the availability of
material, answers, or transcripts shall not apply if
consent is given by the person who produced such
material, answers, or transcripts, or, in the case
of any product of discovery produced pursuant to an
express demand for such material, consent is given
by the person from whom the discovery was obtained.
Nothing in this subparagraph is intended to prevent
disclosure to the General Assembly, including any
committee or subcommittee of the General Assembly,
or to any other State agency for use by such agency
in furtherance of its statutory responsibilities.
Disclosure of information to any such other agency
shall be allowed only upon application, made by the
Attorney General to a circuit court, showing
substantial need for the use of the information by
such agency in furtherance of its statutory
responsibilities.
(D) While in the possession of the custodian
and under such reasonable terms and conditions as
the Attorney General shall prescribe:
(i) documentary material and answers to
interrogatories shall be available for examination by the
person who produced such material or answers, or by a
representative for that person authorized by that person
to examine such material and answers; and
(ii) transcripts of oral testimony shall be
available for examination by the person who produced such
testimony, or by a representative of that person
authorized by that person to examine such transcripts.
(3) Use of material, answers, or transcripts in
other proceedings. Whenever any attorney of the office of
the Attorney General, or State's Attorney upon a
referral, has been designated to appear before any court,
grand jury, or State agency in any case or proceeding,
the custodian of any documentary material, answers to
interrogatories, or transcripts of oral testimony
received under this Section may deliver to such attorney
such material, answers, or transcripts for official use
in connection with any such case or proceeding as such
attorney determines to be required. Upon the completion
of any such case or proceeding, such attorney shall
return to the custodian any such material, answers, or
transcripts so delivered which have not passed into the
control of such court, grand jury, or agency through
introduction into the record of such case or proceeding.
(4) Conditions for return of material. If any
documentary material has been produced by any person in
the course of any investigation pursuant to a civil
investigative demand under this Section and:
(A) any case or proceeding before the court or
grand jury arising out of such investigation, or any
proceeding before any State agency involving such
material, has been completed, or
(B) no case or proceeding in which such
material may be used has been commenced within a
reasonable time after completion of the examination
and analysis of all documentary material and other
information assembled in the course of such
investigation,
the custodian shall, upon written request of the person who
produced such material, return to such person any such
material (other than copies furnished to the investigator
under subsection (f)(2) or made for the Attorney General or
employee of the Department of State Police under paragraph
(2)(B)) which has not passed into the control of any court,
grand jury, or agency through introduction into the record of
such case or proceeding.
(5) Appointment of successor custodians. In the event
of the death, disability, or separation from service in the
Department of State Police of the custodian of any
documentary material, answers to interrogatories, or
transcripts of oral testimony produced pursuant to a civil
investigative demand under this Section, or in the event of
the official relief of such custodian from responsibility for
the custody and control of such material, answers, or
transcripts, the Attorney General shall promptly:
(A) designate another employee of the
Department of State Police to serve as custodian of
such material, answers, or transcripts, and
(B) transmit in writing to the person who
produced such material, answers, or testimony notice
of the identity and address of the successor so
designated.
Any person who is designated to be a successor under this
paragraph (5) shall have, with regard to such material,
answers, or transcripts, the same duties and responsibilities
as were imposed by this Section upon that person's
predecessor in office, except that the successor shall not be
held responsible for any default or dereliction which
occurred before that designation.
(J) Judicial proceedings. (1) Petition for
enforcement. Whenever any person fails to comply
with any civil investigative demand issued under
subsection (a), or whenever satisfactory copying or
reproduction of any material requested in such
demand cannot be done and such person refuses to
surrender such material, the Attorney General may
file, in the circuit court of any county in which
such person resides, is found, or transacts
business, and serve upon such person a petition for
an order of such court for the enforcement of the
civil investigative demand.
(2) Petition to modify or set aside demand. (A) Any
person who has received a civil investigative demand
issued under subsection (a) may file, in the circuit
court of any county within which such person resides, is
found, or transacts business, and serve upon the
investigator identified in such demand a petition for an
order of the court to modify or set aside such demand. In
the case of a petition addressed to an express demand for
any product of discovery, a petition to modify or set
aside such demand may be brought only in the circuit
court of the county in which the proceeding in which such
discovery was obtained is or was last pending. Any
petition under this subparagraph (A) must be filed:
(i) within 20 days after the date of
service of the civil investigative demand, or
at any time before the return date specified in
the demand, whichever date is earlier, or
(ii) within such longer period as may be
prescribed in writing by any investigator
identified in the demand.
(B) The petition shall specify each ground
upon which the petitioner relies in seeking relief
under subparagraph (A), and may be based upon any
failure of the demand to comply with the provisions
of this Section or upon any constitutional or other
legal right or privilege of such person. During the
pendency of the petition in the court, the court may
stay, as it deems proper, the running of the time
allowed for compliance with the demand, in whole or
in part, except that the person filing the petition
shall comply with any portion of the demand not
sought to be modified or set aside.
(3) Petition to modify or set aside demand for
product of discovery. (A) In the case of any civil
investigative demand issued under subsection (a) which is
an express demand for any product of discovery, the
person from whom such discovery was obtained may file, in
the circuit court of the county in which the proceeding
in which such discovery was obtained is or was last
pending, and serve upon any investigator identified in
the demand and upon the recipient of the demand, a
petition for an order of such court to modify or set
aside those portions of the demand requiring production
of any such product of discovery. Any petition under this
subparagraph (A) must be filed:
(i) within 20 days after the date of
service of the civil investigative demand, or
at any time before the return date specified in
the demand, whichever date is earlier, or
(ii) within such longer period as may be
prescribed in writing by any investigator
identified in the demand.
(B) The petition shall specify each ground
upon which the petitioner relies in seeking relief
under subparagraph (A), and may be based upon any
failure of the portions of the demand from which
relief is sought to comply with the provisions of
this Section, or upon any constitutional or other
legal right or privilege of the petitioner. During
the pendency of the petition, the court may stay, as
it deems proper, compliance with the demand and the
running of the time allowed from compliance with the
demand.
(4) Petition to require performance by custodian of
duties. At any time during which any custodian is in
custody or control of any documentary material or answers
to interrogatories produced, or transcripts of oral
testimony given, by any person in compliance with any
civil investigative demand issued under subsection (a),
such person, and in the case of an express demand for any
product of discovery, the person from whom such discovery
was obtained, may file, in the circuit court of the
county within which the office of such custodian is
situated, and serve upon such custodian, a petition for
an order of such court to require the performance by the
custodian of any duty imposed upon the custodian by this
Section.
(5) Jurisdiction. Whenever any petition is filed in
any circuit court under this subsection (j), such court
shall have jurisdiction to hear and determine the matter
so presented, and to enter such orders as may be required
to carry out the provisions of this Section. Any final
order so entered shall be subject to appeal in the same
manner as appeals of other final orders in civil matters.
Any disobedience of any final order entered under this
Section by any court shall be punished as a contempt of
the court.
(k) Disclosure exemption. Any documentary material,
answers to written interrogatories, or oral testimony
provided under any civil investigative demand issued under
subsection (a) shall be exempt from disclosure under the
Illinois Administrative Procedure Act.
(Source: P.A. 87-662; revised 12-07-01.)
Section 87. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 505, 505.3, and
510 as follows:
(750 ILCS 5/505) (from Ch. 40, par. 505)
Sec. 505. Child support; contempt; penalties.
(a) In a proceeding for dissolution of marriage, legal
separation, declaration of invalidity of marriage, a
proceeding for child support following dissolution of the
marriage by a court which lacked personal jurisdiction over
the absent spouse, a proceeding for modification of a
previous order for child support under Section 510 of this
Act, or any proceeding authorized under Section 501 or 601 of
this Act, the court may order either or both parents owing a
duty of support to a child of the marriage to pay an amount
reasonable and necessary for his support, without regard to
marital misconduct. The duty of support owed to a minor
child includes the obligation to provide for the reasonable
and necessary physical, mental and emotional health needs of
the child.
(1) The Court shall determine the minimum amount of
support by using the following guidelines:
Number of Children Percent of Supporting Party's
Net Income
1 20%
2 25%
3 32%
4 40%
5 45%
6 or more 50%
(2) The above guidelines shall be applied in each
case unless the court makes a finding that application of
the guidelines would be inappropriate, after considering
the best interests of the child in light of evidence
including but not limited to one or more of the following
relevant factors:
(a) the financial resources and needs of the
child;
(b) the financial resources and needs of the
custodial parent;
(c) the standard of living the child would
have enjoyed had the marriage not been dissolved;
(d) the physical and emotional condition of
the child, and his educational needs; and
(e) the financial resources and needs of the
non-custodial parent.
If the court deviates from the guidelines, the
court's finding shall state the amount of support that
would have been required under the guidelines, if
determinable. The court shall include the reason or
reasons for the variance from the guidelines.
(3) "Net income" is defined as the total of all
income from all sources, minus the following deductions:
(a) Federal income tax (properly calculated
withholding or estimated payments);
(b) State income tax (properly calculated
withholding or estimated payments);
(c) Social Security (FICA payments);
(d) Mandatory retirement contributions
required by law or as a condition of employment;
(e) Union dues;
(f) Dependent and individual
health/hospitalization insurance premiums;
(g) Prior obligations of support or
maintenance actually paid pursuant to a court order;
(h) Expenditures for repayment of debts that
represent reasonable and necessary expenses for the
production of income, medical expenditures necessary
to preserve life or health, reasonable expenditures
for the benefit of the child and the other parent,
exclusive of gifts. The court shall reduce net
income in determining the minimum amount of support
to be ordered only for the period that such payments
are due and shall enter an order containing
provisions for its self-executing modification upon
termination of such payment period.
(4) In cases where the court order provides for
health/hospitalization insurance coverage pursuant to
Section 505.2 of this Act, the premiums for that
insurance, or that portion of the premiums for which the
supporting party is responsible in the case of insurance
provided through an employer's health insurance plan
where the employer pays a portion of the premiums, shall
be subtracted from net income in determining the minimum
amount of support to be ordered.
(4.5) In a proceeding for child support following
dissolution of the marriage by a court that lacked
personal jurisdiction over the absent spouse, and in
which the court is requiring payment of support for the
period before the date an order for current support is
entered, there is a rebuttable presumption that the
supporting party's net income for the prior period was
the same as his or her net income at the time the order
for current support is entered.
(5) If the net income cannot be determined because
of default or any other reason, the court shall order
support in an amount considered reasonable in the
particular case. The final order in all cases shall
state the support level in dollar amounts. However, if
the court finds that the child support amount cannot be
expressed exclusively as a dollar amount because all or a
portion of the payor's net income is uncertain as to
source, time of payment, or amount, the court may order a
percentage amount of support in addition to a specific
dollar amount and enter such other orders as may be
necessary to determine and enforce, on a timely basis,
the applicable support ordered.
(6) If (i) the non-custodial parent was properly
served with a request for discovery of financial
information relating to the non-custodial parent's
ability to provide child support, (ii) the non-custodial
parent failed to comply with the request, despite having
been ordered to do so by the court, and (iii) the
non-custodial parent is not present at the hearing to
determine support despite having received proper notice,
then any relevant financial information concerning the
non-custodial parent's ability to provide child support
that was obtained pursuant to subpoena and proper notice
shall be admitted into evidence without the need to
establish any further foundation for its admission.
(a-5) In an action to enforce an order for support based
on the respondent's failure to make support payments as
required by the order, notice of proceedings to hold the
respondent in contempt for that failure may be served on the
respondent by personal service or by regular mail addressed
to the respondent's last known address. The respondent's last
known address may be determined from records of the clerk of
the court, from the Federal Case Registry of Child Support
Orders, or by any other reasonable means.
(b) Failure of either parent to comply with an order to
pay support shall be punishable as in other cases of
contempt. In addition to other penalties provided by law the
Court may, after finding the parent guilty of contempt, order
that the parent be:
(1) placed on probation with such conditions of
probation as the Court deems advisable;
(2) sentenced to periodic imprisonment for a period
not to exceed 6 months; provided, however, that the Court
may permit the parent to be released for periods of time
during the day or night to:
(A) work; or
(B) conduct a business or other self-employed
occupation.
The Court may further order any part or all of the
earnings of a parent during a sentence of periodic
imprisonment paid to the Clerk of the Circuit Court or to the
parent having custody or to the guardian having custody of
the minor children of the sentenced parent for the support of
said minor children until further order of the Court.
If there is a unity of interest and ownership sufficient
to render no financial separation between a non-custodial
parent and another person or persons or business entity, the
court may pierce the ownership veil of the person, persons,
or business entity to discover assets of the non-custodial
parent held in the name of that person, those persons, or
that business entity. The following circumstances are
sufficient to authorize a court to order discovery of the
assets of a person, persons, or business entity and to compel
the application of any discovered assets toward payment on
the judgment for support:
(1) the non-custodial parent and the person,
persons, or business entity maintain records together.
(2) the non-custodial parent and the person,
persons, or business entity fail to maintain an arms
length relationship between themselves with regard to any
assets.
(3) the non-custodial parent transfers assets to
the person, persons, or business entity with the intent
to perpetrate a fraud on the custodial parent.
With respect to assets which are real property, no order
entered under this paragraph shall affect the rights of bona
fide purchasers, mortgagees, judgment creditors, or other
lien holders who acquire their interests in the property
prior to the time a notice of lis pendens pursuant to the
Code of Civil Procedure or a copy of the order is placed of
record in the office of the recorder of deeds for the county
in which the real property is located.
The court may also order in cases where the parent is 90
days or more delinquent in payment of support or has been
adjudicated in arrears in an amount equal to 90 days
obligation or more, that the parent's Illinois driving
privileges be suspended until the court determines that the
parent is in compliance with the order of support. The court
may also order that the parent be issued a family financial
responsibility driving permit that would allow limited
driving privileges for employment and medical purposes in
accordance with Section 7-702.1 of the Illinois Vehicle Code.
The clerk of the circuit court shall certify the order
suspending the driving privileges of the parent or granting
the issuance of a family financial responsibility driving
permit to the Secretary of State on forms prescribed by the
Secretary. Upon receipt of the authenticated documents, the
Secretary of State shall suspend the parent's driving
privileges until further order of the court and shall, if
ordered by the court, subject to the provisions of Section
7-702.1 of the Illinois Vehicle Code, issue a family
financial responsibility driving permit to the parent.
In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct
constitutes a violation of Section 15 of the Non-Support
Punishment Act may be prosecuted under that Act, and a person
convicted under that Act may be sentenced in accordance with
that Act. The sentence may include but need not be limited
to a requirement that the person perform community service
under Section 50 of that Act or participate in a work
alternative program under Section 50 of that Act. A person
may not be required to participate in a work alternative
program under Section 50 of that Act if the person is
currently participating in a work program pursuant to Section
505.1 of this Act.
A support obligation, or any portion of a support
obligation, which becomes due and remains unpaid for 30 days
or more shall accrue simple interest at the rate of 9% per
annum. An order for support entered or modified on or after
January 1, 2002 shall contain a statement that a support
obligation required under the order, or any portion of a
support obligation required under the order, that becomes due
and remains unpaid for 30 days or more shall accrue simple
interest at the rate of 9% per annum. Failure to include the
statement in the order for support does not affect the
validity of the order or the accrual of interest as provided
in this Section.
(c) A one-time charge of 20% is imposable upon the
amount of past-due child support owed on July 1, 1988 which
has accrued under a support order entered by the court. The
charge shall be imposed in accordance with the provisions of
Section 10-21 of the Illinois Public Aid Code and shall be
enforced by the court upon petition.
(d) Any new or existing support order entered by the
court under this Section shall be deemed to be a series of
judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. A lien arises by operation of law
against the real and personal property of the noncustodial
parent for each installment of overdue support owed by the
noncustodial parent.
(e) When child support is to be paid through the clerk
of the court in a county of 1,000,000 inhabitants or less,
the order shall direct the obligor to pay to the clerk, in
addition to the child support payments, all fees imposed by
the county board under paragraph (3) of subsection (u) of
Section 27.1 of the Clerks of Courts Act. Unless paid in
cash or pursuant to an order for withholding, the payment of
the fee shall be by a separate instrument from the support
payment and shall be made to the order of the Clerk.
(f) All orders for support, when entered or modified,
shall include a provision requiring the obligor to notify the
court and, in cases in which a party is receiving child and
spouse services under Article X of the Illinois Public Aid
Code, the Illinois Department of Public Aid, within 7 days,
(i) of the name and address of any new employer of the
obligor, (ii) whether the obligor has access to health
insurance coverage through the employer or other group
coverage and, if so, the policy name and number and the names
of persons covered under the policy, and (iii) of any new
residential or mailing address or telephone number of the
non-custodial parent. In any subsequent action to enforce a
support order, upon a sufficient showing that a diligent
effort has been made to ascertain the location of the
non-custodial parent, service of process or provision of
notice necessary in the case may be made at the last known
address of the non-custodial parent in any manner expressly
provided by the Code of Civil Procedure or this Act, which
service shall be sufficient for purposes of due process.
(g) An order for support shall include a date on which
the current support obligation terminates. The termination
date shall be no earlier than the date on which the child
covered by the order will attain the age of majority or is
otherwise emancipated. The order for support shall state that
the termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this subsection shall
be construed to prevent the court from modifying the order.
(h) An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and
to the clerk of court within 10 days each time the obligor
obtains new employment, and each time the obligor's
employment is terminated for any reason. The report shall be
in writing and shall, in the case of new employment, include
the name and address of the new employer. Failure to report
new employment or the termination of current employment, if
coupled with nonpayment of support for a period in excess of
60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment bond shall be
set in the amount of the child support that should have been
paid during the period of unreported employment. An order
entered under this Section shall also include a provision
requiring the obligor and obligee parents to advise each
other of a change in residence within 5 days of the change
except when the court finds that the physical, mental, or
emotional health of a party or that of a minor child, or
both, would be seriously endangered by disclosure of the
party's address.
(i) The court does not lose the powers of contempt,
driver's license suspension, or other child support
enforcement mechanisms, including, but not limited to,
criminal prosecution as set forth in this Act, upon the
emancipation of the minor child or children.
(Source: P.A. 91-113, eff. 7-15-99; 91-397, eff. 1-1-00;
91-655, eff. 6-1-00; 91-767, eff. 6-9-00; 92-16, eff.
6-28-01; 92-203, eff. 8-1-01; 92-374, eff. 8-15-01; revised
10-15-01.)
(750 ILCS 5/505.3)
Sec. 505.3. Information to State Case Registry.
(a) In this Section:
"Order for support", "obligor", "obligee", and "business
day" are defined as set forth in the Income Withholding for
Support Act.
"State Case Registry" means the State Case Registry
established under Section 10-27 of the Illinois Public Aid
Code.
(b) Each order for support entered or modified by the
circuit court under this Act shall require that the obligor
and obligee (i) file with the clerk of the circuit court the
information required by this Section (and any other
information required under Title IV, Part D of the Social
Security Act or by the federal Department of Health and Human
Services) at the time of entry or modification of the order
for support and (ii) file updated information with the clerk
within 5 business days of any change. Failure of the obligor
or obligee to file or update the required information shall
be punishable as in cases of contempt. The failure shall not
prevent the court from entering or modifying the order for
support, however.
(c) The obligor shall file the following information:
the obligor's name, date of birth, social security number,
and mailing address.
If either the obligor or the obligee receives child
support enforcement services from the Illinois Department of
Public Aid under Article X of the Illinois Public Aid Code,
the obligor shall also file the following information: the
obligor's telephone number, driver's license number, and
residential address (if different from the obligor's mailing
address), and the name, address, and telephone number of the
obligor's employer or employers.
(d) The obligee shall file the following information:
(1) The names of the obligee and the child or
children covered by the order for support.
(2) The dates of birth of the obligee and the child
or children covered by the order for support.
(3) The social security numbers of the obligee and
the child or children covered by the order for support.
(4) The obligee's mailing address.
(e) In cases in which the obligee receives child support
enforcement services from the Illinois Department of Public
Aid under Article X of the Illinois Public Aid Code, the
order for support shall (i) require that the obligee file the
information required under subsection (d) with the Illinois
Department of Public Aid for inclusion in the State Case
Registry, rather than file the information with the clerk,
and (ii) require that the obligee include the following
additional information:
(1) The obligee's telephone and driver's license
numbers.
(2) The obligee's residential address, if different
from the obligee's mailing address.
(3) The name, address, and telephone number of the
obligee's employer or employers.
The order for support shall also require that the obligee
update the information filed with the Illinois Department of
Public Aid within 5 business days of any change.
(f) The clerk shall provide the information filed under
this Section, together with the court docket number and
county in which the order for support was entered, to the
State Case Registry within 5 business days after receipt of
the information.
(g) In a case in which a party is receiving child
support enforcement services under Article X of the Illinois
Public Aid Code, the clerk shall provide the following
additional information to the State Case Registry within 5
business days after entry or modification of an order for
support or request from the Illinois Department of Public
Aid:
(1) The amount of monthly or other periodic support
owed under the order for support and other amounts,
including arrearage, interest, or late payment penalties
and fees, due or overdue under the order.
(2) Any such amounts that have been received by the
clerk, and the distribution of those amounts by the
clerk.
(h) Information filed by the obligor and obligee under
this Section that is not specifically required to be included
in the body of an order for support under other laws is not a
public record and shall be treated as confidential and
subject to disclosure only in accordance with the provisions
of this Section, Section 10-27 of the Illinois Public Aid
Code, and Title IV, Part D of the Social Security Act. be
(Source: P.A. 91-212, eff. 7-20-99; 92-16, eff. 6-28-01;
92-463, eff. 8-22-01; revised 10-12-01.)
(750 ILCS 5/510) (from Ch. 40, par. 510)
Sec. 510. Modification and termination of provisions for
maintenance, support, educational expenses, and property
disposition.
(a) Except as otherwise provided in paragraph (f) of
Section 502 and in subsection (b) (d), clause (3) of Section
505.2, the provisions of any judgment respecting maintenance
or support may be modified only as to installments accruing
subsequent to due notice by the moving party of the filing of
the motion for modification and, with respect to maintenance,
only upon a showing of a substantial change in circumstances.
An order for child support may be modified as follows:
(1) upon a showing of a substantial change in
circumstances; and
(2) without the necessity of showing a substantial
change in circumstances, as follows:
(A) upon a showing of an inconsistency of at
least 20%, but no less than $10 per month, between
the amount of the existing order and the amount of
child support that results from application of the
guidelines specified in Section 505 of this Act
unless the inconsistency is due to the fact that the
amount of the existing order resulted from a
deviation from the guideline amount and there has
not been a change in the circumstances that resulted
in that deviation; or
(B) Upon a showing of a need to provide for
the health care needs of the child under the order
through health insurance or other means. In no
event shall the eligibility for or receipt of
medical assistance be considered to meet the need to
provide for the child's health care needs.
The provisions of subparagraph (a)(2)(A) shall apply only
in cases in which a party is receiving child and spouse
support services from the Illinois Department of Public Aid
under Article X of the Illinois Public Aid Code, and only
when at least 36 months have elapsed since the order for
child support was entered or last modified.
(b) The provisions as to property disposition may not be
revoked or modified, unless the court finds the existence of
conditions that justify the reopening of a judgment under the
laws of this State.
(c) Unless otherwise agreed by the parties in a written
agreement set forth in the judgment or otherwise approved by
the court, the obligation to pay future maintenance is
terminated upon the death of either party, or the remarriage
of the party receiving maintenance, or if the party receiving
maintenance cohabits with another person on a resident,
continuing conjugal basis.
(d) Unless otherwise agreed in writing or expressly
provided in a judgment, provisions for the support of a child
are terminated by emancipation of the child, except as
otherwise provided herein, but not by the death of a parent
obligated to support or educate the child. An existing
obligation to pay for support or educational expenses, or
both, is not terminated by the death of a parent. When a
parent obligated to pay support or educational expenses, or
both, dies, the amount of support or educational expenses, or
both, may be enforced, modified, revoked or commuted to a
lump sum payment, as equity may require, and that
determination may be provided for at the time of the
dissolution of the marriage or thereafter.
(e) The right to petition for support or educational
expenses, or both, under Sections 505 and 513 is not
extinguished by the death of a parent. Upon a petition filed
before or after a parent's death, the court may award sums of
money out of the decedent's estate for the child's support or
educational expenses, or both, as equity may require. The
time within which a claim may be filed against the estate of
a decedent under Sections 505 and 513 and subsection (d) and
this subsection shall be governed by the provisions of the
Probate Act of 1975, as a barrable, noncontingent claim.
(f) A petition to modify or terminate child support,
custody, or visitation shall not delay any child support
enforcement litigation or supplementary proceeding on behalf
of the obligee, including, but not limited to, a petition for
a rule to show cause, for non-wage garnishment, or for a
restraining order.
(Source: P.A. 92-289, eff. 8-9-01; revised 12-07-01.)
Section 88. The Non-Support Punishment Act is amended by
changing Section 50 as follows:
(750 ILCS 16/50)
Sec. 50. Community service; work alternative program.
(a) In addition to any other penalties imposed against
an offender under this Act, the court may order the offender
to perform community service for not less than 30 and not
more than 120 hours per month, if community service is
available in the jurisdiction and is funded and approved by
the county board of the county where the offense was
committed. In addition, whenever any person is placed on
supervision for committing an offense under this Act, the
supervision shall be conditioned on the performance of the
community service.
(b) In addition to any other penalties imposed against an
offender under this Act, the court may sentence the offender
to service in a work alternative program administered by the
sheriff. The conditions of the program are that the offender
obtain or retain employment and participate in a work
alternative program administered by the sheriff during
non-working hours. A person may not be required to
participate in a work alternative program under this
subsection if the person is currently participating in a work
program pursuant to another provision of this Act, Section
10-11.1 of the Illinois Public Aid Code, Section 505.1 of the
Illinois Marriage and Dissolution of Marriage Act, or Section
15.1 of the Illinois Parentage Act of 1984.
(c) In addition to any other penalties imposed against
an offender under this Act, the court may order, in cases
where the offender has been in violation of this Act for 90
days or more, that the offender's Illinois driving privileges
be suspended until the court determines that the offender is
in compliance with this Act.
The court may determine that the offender is in
compliance with this Act if the offender has agreed (i) to
pay all required amounts of support and maintenance as
determined by the court or (ii) to the garnishment of his or
her income for the purpose of paying those amounts.
The court may also order that the offender be issued a
family financial responsibility driving permit that would
allow limited driving privileges for employment and medical
purposes in accordance with Section 7-702.1 of the Illinois
Vehicle Code. The clerk of the circuit court shall certify
the order suspending the driving privileges of the offender
or granting the issuance of a family financial responsibility
driving permit to the Secretary of State on forms prescribed
by the Secretary. Upon receipt of the authenticated
documents, the Secretary of State shall suspend the
offender's driving privileges until further order of the
court and shall, if ordered by the court, subject to the
provisions of Section 7-702.1 of the Illinois Vehicle Code,
issue a family financial responsibility driving permit to the
offender.
(d) If the court determines that the offender has been
in violation of this Act for more than 60 days, the court may
determine whether the offender has applied for or been issued
a professional license by the Department of Professional
Regulation or another licensing agency. If the court
determines that the offender has applied for or been issued
such a license, the court may certify to the Department of
Professional Regulation or other licensing agency that the
offender has been in violation of this Act for more than 60
days so that the Department or other agency may take
appropriate steps with respect to the license or application
as provided in Section 10-65 of the Illinois Administrative
Procedure Act and Section 2105-15 of the Department of
Professional Regulation Law 60 of the Civil Administrative
Code of Illinois. The court may take the actions required
under this subsection in addition to imposing any other
penalty authorized under this Act.
(Source: P.A. 91-613, eff. 10-1-99; revised 12-04-01.)
Section 89. The Adoption Act is amended by changing
Section 1 as follows:
(750 ILCS 50/1) (from Ch. 40, par. 1501)
Sec. 1. Definitions. When used in this Act, unless the
context otherwise requires:
A. "Child" means a person under legal age subject to
adoption under this Act.
B. "Related child" means a child subject to adoption
where either or both of the adopting parents stands in any of
the following relationships to the child by blood or
marriage: parent, grand-parent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, or cousin of first degree. A child
whose parent has executed a final irrevocable consent to
adoption or a final irrevocable surrender for purposes of
adoption, or whose parent has had his or her parental rights
terminated, is not a related child to that person, unless the
consent is determined to be void or is void pursuant to
subsection O of Section 10.
C. "Agency" for the purpose of this Act means a public
child welfare agency or a licensed child welfare agency.
D. "Unfit person" means any person whom the court shall
find to be unfit to have a child, without regard to the
likelihood that the child will be placed for adoption. The
grounds of unfitness are any one or more of the following,
except that a person shall not be considered an unfit person
for the sole reason that the person has relinquished a child
in accordance with the Abandoned Newborn Infant Protection
Act:
(a) Abandonment of the child.
(a-1) Abandonment of a newborn infant in a
hospital.
(a-2) Abandonment of a newborn infant in any
setting where the evidence suggests that the parent
intended to relinquish his or her parental rights.
(b) Failure to maintain a reasonable degree of
interest, concern or responsibility as to the child's
welfare.
(c) Desertion of the child for more than 3 months
next preceding the commencement of the Adoption
proceeding.
(d) Substantial neglect of the child if continuous
or repeated.
(d-1) Substantial neglect, if continuous or
repeated, of any child residing in the household which
resulted in the death of that child.
(e) Extreme or repeated cruelty to the child.
(f) Two or more findings of physical abuse to any
children under Section 4-8 of the Juvenile Court Act or
Section 2-21 of the Juvenile Court Act of 1987, the most
recent of which was determined by the juvenile court
hearing the matter to be supported by clear and
convincing evidence; a criminal conviction or a finding
of not guilty by reason of insanity resulting from the
death of any child by physical child abuse; or a finding
of physical child abuse resulting from the death of any
child under Section 4-8 of the Juvenile Court Act or
Section 2-21 of the Juvenile Court Act of 1987.
(g) Failure to protect the child from conditions
within his environment injurious to the child's welfare.
(h) Other neglect of, or misconduct toward the
child; provided that in making a finding of unfitness the
court hearing the adoption proceeding shall not be bound
by any previous finding, order or judgment affecting or
determining the rights of the parents toward the child
sought to be adopted in any other proceeding except such
proceedings terminating parental rights as shall be had
under either this Act, the Juvenile Court Act or the
Juvenile Court Act of 1987.
(i) Depravity. Conviction of any one of the
following crimes shall create a presumption that a parent
is depraved which can be overcome only by clear and
convincing evidence: (1) first degree murder in violation
of paragraph 1 or 2 of subsection (a) of Section 9-1 of
the Criminal Code of 1961 or conviction of second degree
murder in violation of subsection (a) of Section 9-2 of
the Criminal Code of 1961 of a parent of the child to be
adopted; (2) first degree murder or second degree murder
of any child in violation of the Criminal Code of 1961;
(3) attempt or conspiracy to commit first degree murder
or second degree murder of any child in violation of the
Criminal Code of 1961; (4) solicitation to commit murder
of any child, solicitation to commit murder of any child
for hire, or solicitation to commit second degree murder
of any child in violation of the Criminal Code of 1961;
or (5) aggravated criminal sexual assault in violation of
Section 12-14(b)(1) of the Criminal Code of 1961.
There is a rebuttable presumption that a parent is
depraved if the parent has been criminally convicted of
at least 3 felonies under the laws of this State or any
other state, or under federal law, or the criminal laws
of any United States territory; and at least one of these
convictions took place within 5 years of the filing of
the petition or motion seeking termination of parental
rights.
There is a rebuttable presumption that a parent is
depraved if that parent has been criminally convicted of
either first or second degree murder of any person as
defined in the Criminal Code of 1961 within 10 years of
the filing date of the petition or motion to terminate
parental rights.
(j) Open and notorious adultery or fornication.
(j-1) (Blank).
(k) Habitual drunkenness or addiction to drugs,
other than those prescribed by a physician, for at least
one year immediately prior to the commencement of the
unfitness proceeding.
There is a rebuttable presumption that a parent is
unfit under this subsection with respect to any child to
which that parent gives birth where there is a confirmed
test result that at birth the child's blood, urine, or
meconium contained any amount of a controlled substance
as defined in subsection (f) of Section 102 of the
Illinois Controlled Substances Act or metabolites of such
substances, the presence of which in the newborn infant
was not the result of medical treatment administered to
the mother or the newborn infant; and the biological
mother of this child is the biological mother of at least
one other child who was adjudicated a neglected minor
under subsection (c) of Section 2-3 of the Juvenile Court
Act of 1987.
(l) Failure to demonstrate a reasonable degree of
interest, concern or responsibility as to the welfare of
a new born child during the first 30 days after its
birth.
(m) Failure by a parent (i) to make reasonable
efforts to correct the conditions that were the basis for
the removal of the child from the parent, or (ii) to make
reasonable progress toward the return of the child to the
parent within 9 months after an adjudication of neglected
or abused minor under Section 2-3 of the Juvenile Court
Act of 1987 or dependent minor under Section 2-4 of that
Act, or (iii) to make reasonable progress toward the
return of the child to the parent during any 9-month
period after the end of the initial 9-month period
following the adjudication of neglected or abused minor
under Section 2-3 of the Juvenile Court Act of 1987 or
dependent minor under Section 2-4 of that Act. If a
service plan has been established as required under
Section 8.2 of the Abused and Neglected Child Reporting
Act to correct the conditions that were the basis for the
removal of the child from the parent and if those
services were available, then, for purposes of this Act,
"failure to make reasonable progress toward the return of
the child to the parent" includes (I) the parent's
failure to substantially fulfill his or her obligations
under the service plan and correct the conditions that
brought the child into care within 9 months after the
adjudication under Section 2-3 or 2-4 of the Juvenile
Court Act of 1987 and (II) the parent's failure to
substantially fulfill his or her obligations under the
service plan and correct the conditions that brought the
child into care during any 9-month period after the end
of the initial 9-month period following the adjudication
under Section 2-3 or 2-4 of the Juvenile Court Act of
1987.
(m-1) Pursuant to the Juvenile Court Act of 1987, a
child has been in foster care for 15 months out of any 22
month period which begins on or after the effective date
of this amendatory Act of 1998 unless the child's parent
can prove by a preponderance of the evidence that it is
more likely than not that it will be in the best
interests of the child to be returned to the parent
within 6 months of the date on which a petition for
termination of parental rights is filed under the
Juvenile Court Act of 1987. The 15 month time limit is
tolled during any period for which there is a court
finding that the appointed custodian or guardian failed
to make reasonable efforts to reunify the child with his
or her family, provided that (i) the finding of no
reasonable efforts is made within 60 days of the period
when reasonable efforts were not made or (ii) the parent
filed a motion requesting a finding of no reasonable
efforts within 60 days of the period when reasonable
efforts were not made. For purposes of this subdivision
(m-1), the date of entering foster care is the earlier
of: (i) the date of a judicial finding at an adjudicatory
hearing that the child is an abused, neglected, or
dependent minor; or (ii) 60 days after the date on which
the child is removed from his or her parent, guardian, or
legal custodian.
(n) Evidence of intent to forgo his or her parental
rights, whether or not the child is a ward of the court,
(1) as manifested by his or her failure for a period of
12 months: (i) to visit the child, (ii) to communicate
with the child or agency, although able to do so and not
prevented from doing so by an agency or by court order,
or (iii) to maintain contact with or plan for the future
of the child, although physically able to do so, or (2)
as manifested by the father's failure, where he and the
mother of the child were unmarried to each other at the
time of the child's birth, (i) to commence legal
proceedings to establish his paternity under the Illinois
Parentage Act of 1984 or the law of the jurisdiction of
the child's birth within 30 days of being informed,
pursuant to Section 12a of this Act, that he is the
father or the likely father of the child or, after being
so informed where the child is not yet born, within 30
days of the child's birth, or (ii) to make a good faith
effort to pay a reasonable amount of the expenses related
to the birth of the child and to provide a reasonable
amount for the financial support of the child, the court
to consider in its determination all relevant
circumstances, including the financial condition of both
parents; provided that the ground for termination
provided in this subparagraph (n)(2)(ii) shall only be
available where the petition is brought by the mother or
the husband of the mother.
Contact or communication by a parent with his or her
child that does not demonstrate affection and concern
does not constitute reasonable contact and planning under
subdivision (n). In the absence of evidence to the
contrary, the ability to visit, communicate, maintain
contact, pay expenses and plan for the future shall be
presumed. The subjective intent of the parent, whether
expressed or otherwise, unsupported by evidence of the
foregoing parental acts manifesting that intent, shall
not preclude a determination that the parent has intended
to forgo his or her parental rights. In making this
determination, the court may consider but shall not
require a showing of diligent efforts by an authorized
agency to encourage the parent to perform the acts
specified in subdivision (n).
It shall be an affirmative defense to any allegation
under paragraph (2) of this subsection that the father's
failure was due to circumstances beyond his control or to
impediments created by the mother or any other person
having legal custody. Proof of that fact need only be by
a preponderance of the evidence.
(o) Repeated or continuous failure by the parents,
although physically and financially able, to provide the
child with adequate food, clothing, or shelter.
(p) Inability to discharge parental
responsibilities supported by competent evidence from a
psychiatrist, licensed clinical social worker, or
clinical psychologist of mental impairment, mental
illness or mental retardation as defined in Section 1-116
of the Mental Health and Developmental Disabilities Code,
or developmental disability as defined in Section 1-106
of that Code, and there is sufficient justification to
believe that the inability to discharge parental
responsibilities shall extend beyond a reasonable time
period. However, this subdivision (p) shall not be
construed so as to permit a licensed clinical social
worker to conduct any medical diagnosis to determine
mental illness or mental impairment.
(q) The parent has been criminally convicted of
aggravated battery, heinous battery, or attempted murder
of any child.
(r) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated as a result of
criminal conviction at the time the petition or motion
for termination of parental rights is filed, prior to
incarceration the parent had little or no contact with
the child or provided little or no support for the child,
and the parent's incarceration will prevent the parent
from discharging his or her parental responsibilities for
the child for a period in excess of 2 years after the
filing of the petition or motion for termination of
parental rights.
(s) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated at the time the
petition or motion for termination of parental rights is
filed, the parent has been repeatedly incarcerated as a
result of criminal convictions, and the parent's repeated
incarceration has prevented the parent from discharging
his or her parental responsibilities for the child.
(t) A finding that at birth the child's blood,
urine, or meconium contained any amount of a controlled
substance as defined in subsection (f) of Section 102 of
the Illinois Controlled Substances Act, or a metabolite
of a controlled substance, with the exception of
controlled substances or metabolites of such substances,
the presence of which in the newborn infant was the
result of medical treatment administered to the mother or
the newborn infant, and that the biological mother of
this child is the biological mother of at least one other
child who was adjudicated a neglected minor under
subsection (c) of Section 2-3 of the Juvenile Court Act
of 1987, after which the biological mother had the
opportunity to enroll in and participate in a clinically
appropriate substance abuse counseling, treatment, and
rehabilitation program.
E. "Parent" means the father or mother of a legitimate
or illegitimate child. For the purpose of this Act, a person
who has executed a final and irrevocable consent to adoption
or a final and irrevocable surrender for purposes of
adoption, or whose parental rights have been terminated by a
court, is not a parent of the child who was the subject of
the consent or surrender, unless the consent is void pursuant
to subsection O of Section 10.
F. A person is available for adoption when the person
is:
(a) a child who has been surrendered for adoption
to an agency and to whose adoption the agency has
thereafter consented;
(b) a child to whose adoption a person authorized
by law, other than his parents, has consented, or to
whose adoption no consent is required pursuant to Section
8 of this Act;
(c) a child who is in the custody of persons who
intend to adopt him through placement made by his
parents;
(c-1) a child for whom a parent has signed a
specific consent pursuant to subsection O of Section 10;
(d) an adult who meets the conditions set forth in
Section 3 of this Act; or
(e) a child who has been relinquished as defined in
Section 10 of the Abandoned Newborn Infant Protection
Act.
A person who would otherwise be available for adoption
shall not be deemed unavailable for adoption solely by reason
of his or her death.
G. The singular includes the plural and the plural
includes the singular and the "male" includes the "female",
as the context of this Act may require.
H. "Adoption disruption" occurs when an adoptive
placement does not prove successful and it becomes necessary
for the child to be removed from placement before the
adoption is finalized.
I. "Foreign placing agency" is an agency or individual
operating in a country or territory outside the United States
that is authorized by its country to place children for
adoption either directly with families in the United States
or through United States based international agencies.
J. "Immediate relatives" means the biological parents,
the parents of the biological parents and siblings of the
biological parents.
K. "Intercountry adoption" is a process by which a child
from a country other than the United States is adopted.
L. "Intercountry Adoption Coordinator" is a staff person
of the Department of Children and Family Services appointed
by the Director to coordinate the provision of services by
the public and private sector to prospective parents of
foreign-born children.
M. "Interstate Compact on the Placement of Children" is
a law enacted by most states for the purpose of establishing
uniform procedures for handling the interstate placement of
children in foster homes, adoptive homes, or other child care
facilities.
N. "Non-Compact state" means a state that has not
enacted the Interstate Compact on the Placement of Children.
O. "Preadoption requirements" are any conditions
established by the laws or regulations of the Federal
Government or of each state that must be met prior to the
placement of a child in an adoptive home.
P. "Abused child" means a child whose parent or
immediate family member, or any person responsible for the
child's welfare, or any individual residing in the same home
as the child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to
be inflicted upon the child physical injury, by other
than accidental means, that causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury
to the child by other than accidental means which would
be likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of
any bodily function;
(c) commits or allows to be committed any sex
offense against the child, as sex offenses are defined in
the Criminal Code of 1961 and extending those definitions
of sex offenses to include children under 18 years of
age;
(d) commits or allows to be committed an act or
acts of torture upon the child; or
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or
other person responsible for the child's welfare withholds or
denies nourishment or medically indicated treatment including
food or care denied solely on the basis of the present or
anticipated mental or physical impairment as determined by a
physician acting alone or in consultation with other
physicians or otherwise does not provide the proper or
necessary support, education as required by law, or medical
or other remedial care recognized under State law as
necessary for a child's well-being, or other care necessary
for his or her well-being, including adequate food, clothing
and shelter; or who is abandoned by his or her parents or
other person responsible for the child's welfare.
A child shall not be considered neglected or abused for
the sole reason that the child's parent or other person
responsible for his or her welfare depends upon spiritual
means through prayer alone for the treatment or cure of
disease or remedial care as provided under Section 4 of the
Abused and Neglected Child Reporting Act. A child shall not
be considered neglected or abused for the sole reason that
the child's parent or other person responsible for the
child's welfare failed to vaccinate, delayed vaccination, or
refused vaccination for the child due to a waiver on
religious or medical grounds as permitted by the law.
R. "Putative father" means a man who may be a child's
father, but who (1) is not married to the child's mother on
or before the date that the child was or is to be born and
(2) has not established paternity of the child in a court
proceeding before the filing of a petition for the adoption
of the child. The term includes a male who is less than 18
years of age. "Putative father" does not mean a man who is
the child's father as a result of criminal sexual abuse or
assault as defined under Article 12 of the Criminal Code of
1961. A child shall not be considered neglected or abused
for the sole reason that the child's parent or other person
responsible for the child's welfare failed to vaccinate,
delayed vaccination, or refused vaccination for the child due
to a waiver on religious or medical grounds as permitted by
the law.
S. "Standby adoption" means an adoption in which a
terminally ill parent consents to custody and termination of
parental rights to become effective upon the occurrence of a
future event, which is either the death of the terminally ill
parent or the request of the parent for the entry of a final
judgment of adoption.
T. "Terminally ill parent" means a person who has a
medical prognosis by a physician licensed to practice
medicine in all of its branches that the person has an
incurable and irreversible condition which will lead to
death.
(Source: P.A. 91-357, eff. 7-29-99; 91-373, eff. 1-1-00;
91-572, eff. 1-1-00; 92-16, eff. 6-28-01; 92-375, eff.
1-1-02; 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; revised
10-15-01.)
Section 90. The Illinois Domestic Violence Act of 1986
is amended by changing Section 222 as follows:
(750 ILCS 60/222) (from Ch. 40, par. 2312-22)
Sec. 222. Notice of orders.
(a) Entry and issuance. Upon issuance of any order of
protection, the clerk shall immediately, or on the next court
day if an emergency order is issued in accordance with
subsection (c) of Section 217, (i) enter the order on the
record and file it in accordance with the circuit court
procedures and (ii) provide a file stamped copy of the order
to respondent, if present, and to petitioner.
(b) Filing with sheriff. The clerk of the issuing judge
shall, or the petitioner may, on the same day that an order
of protection is issued, file a certified copy of that order
with the sheriff or other law enforcement officials charged
with maintaining Department of State Police records or
charged with serving the order upon respondent. If the order
was issued in accordance with subsection (c) of Section 217,
the clerk shall on the next court day, file a certified copy
of the order with the Sheriff or other law enforcement
officials charged with maintaining Department of State Police
records.
(c) Service by sheriff. Unless respondent was present
in court when the order was issued, the sheriff, other law
enforcement official or special process server shall promptly
serve that order upon respondent and file proof of such
service, in the manner provided for service of process in
civil proceedings. Instead of serving the order upon the
respondent, however, the sheriff, other law enforcement
official, or special process server may serve the respondent
with a short form notification as provided in Section 222.10.
If process has not yet been served upon the respondent, it
shall be served with the order or short form notification. A
single fee may be charged for service of an order obtained in
civil court, or for service of such an order together with
process, unless waived or deferred under Section 210.
(c-5) If the person against whom the order of protection
is issued is arrested and the written order is issued in
accordance with subsection (c) of Section 217 and received by
the custodial law enforcement agency before the respondent or
arrestee is released from custody, the custodial law
enforcement agent shall promptly serve the order upon the
respondent or arrestee before the respondent or arrestee is
released from custody. In no event shall detention of the
respondent or arrestee be extended for hearing on the
petition for order of protection or receipt of the order
issued under Section 217 of this Act.
(d) Extensions, modifications and revocations. Any
order extending, modifying or revoking any order of
protection shall be promptly recorded, issued and served as
provided in this Section.
(e) Notice to schools. Upon the request of the
petitioner, within 24 hours of the issuance of an order of
protection, the clerk of the issuing judge shall send written
notice of the order of protection along with a certified copy
of the order of protection to the day-care facility,
pre-school or pre-kindergarten, or private school or the
principal office of the public school district or any college
or university in which any child who is a protected person
under the order of protection or any child of the petitioner
is enrolled. If the child transfers enrollment to another
day-care facility, pre-school, pre-kindergarten, private
school, public school, college, or university, the petitioner
may, within 24 hours of the transfer, send to the clerk
written notice of the transfer, including the name and
address of the institution to which the child is
transferring. Within 24 hours of receipt of notice from the
petitioner that a child is transferring to another day-care
facility, pre-school, pre-kindergarten, private school,
public school, college, or university, the clerk shall send
written notice of the order of protection, along with a
certified copy of the order, to the institution to which the
child is transferring.
(f) Disclosure by schools. After receiving a certified
copy of an order of protection that prohibits a respondent's
access to records, neither a day-care facility, pre-school,
pre-kindergarten, public or private school, college, or
university nor its employees shall allow a respondent access
to a protected child's records or release information in
those records to the respondent. The school shall file the
copy of the order of protection in the records of a child who
is a protected person under the order of protection. When a
child who is a protected person under the order of protection
transfers to another day-care facility, pre-school,
pre-kindergarten, public or private school, college, or
university, the institution from which the child is
transferring may, at the request of the petitioner, provide,
within 24 hours of the transfer, written notice of the order
of protection, along with a certified copy of the order, to
the institution to which the child is transferring.
(Source: P.A. 92-90, eff. 7-18-01; 92-162, eff. 1-1-02;
revised 9-18-01.)
Section 91. The Cemetery Care Act is amended by changing
Section 2 as follows:
(760 ILCS 100/2) (from Ch. 21, par. 64.2)
Sec. 2. Definitions. The following words, terms and
phrases used in this Act, for the purpose of this Act, have
the following meanings:
"Person" means any person, partnership, association,
corporation, or other entity.
"Trustee" means any person authorized to hold funds under
this Act.
"Comptroller" means the Comptroller of the State of
Illinois.
"Care" means the maintenance of a cemetery and of the
lots, graves, crypts, niches, family mausoleums, memorials,
and markers therein; including: (i) the cutting and trimming
of lawn, shrubs, and trees at reasonable intervals; (ii)
keeping in repair the drains, water lines, roads, buildings,
fences, and other structures, in keeping with a well
maintained cemetery; (iii) maintenance of machinery, tools,
and equipment for such care; (iv) compensation of employees,
payment of insurance premiums, and reasonable payments for
employees pension and other benefits plans; and (v) to the
extent surplus income from the care fund is available, the
payment of overhead expenses necessary for such purposes and
for maintaining necessary records of lot ownership,
transfers, and burials.
"Care funds" as distinguished from receipts from annual
charges or gifts for current or annual care, means any realty
or personalty impressed with a trust by the terms of any
gift, grant, contribution, payment, legacy, or pursuant to
contract, accepted by any cemetery authority owning,
operating, controlling or managing a privately operated
cemetery, or by any trustee or licensee, agent or custodian
for the same, under Section 3 of this Act, and the amounts
set aside under Section 4 of this Act, and any income
accumulated therefrom, where legally so directed by the terms
of the transaction by which the principal was established.
"Cemetery" means any land or structure in this State
dedicated to and used, or intended to be used, for the
interment of human remains.
"Cemetery authority" means any person, firm, corporation,
trustee, partnership, association or municipality owning,
operating, controlling or managing a cemetery or holding
lands for burial grounds or burial purposes in this State.
"Mausoleum crypt" means a space in a mausoleum used or
intended to be used, above or under ground, to entomb human
remains.
"Family burying ground" means a cemetery in which no lots
are sold to the public and in which interments are restricted
to a group of persons related to each other by blood or
marriage.
"Fraternal cemetery" means a cemetery owned, operated,
controlled, or managed by any fraternal organization or
auxiliary organizations thereof, in which the sale of lots,
graves, crypts or niches is restricted principally to its
members.
"Grave" means a space of ground in a cemetery, used, or
intended to be used, for burial.
"Investment Company Act of 1940" means Title 15, of the
United States Code, Sections 80a-1 to 80a-51, inclusive, as
amended.
"Investment Company" means any issuer (a) whose
securities are purchasable only with care funds or trust
funds, or both; and (b) which is an open and diversified
management company as defined in and registered under the
"Investment Company Act of 1940"; and (c) which has entered
into an agreement with the Comptroller containing such
provisions as the Comptroller by regulation reasonably
requires for the proper administration of this Act.
"Municipal cemetery" means a cemetery owned, operated,
controlled or managed by any city, village, incorporated
town, township, county, or other municipal corporation,
political subdivision, or instrumentality thereof authorized
by law to own, operate, or manage a cemetery.
"Niche" means a space in a columbarium used or intended
to be used, for inurnment of cremated human remains.
"Privately operated cemetery" means any entity that
offers interment rights, entombment rights, or inurnment
inurnments rights, other than a fraternal, municipal, State,
federal or religious cemetery or a family burying ground.
"Religious cemetery" means a cemetery owned, operated,
controlled, or managed by any recognized church, religious
society, association or denomination, or by any cemetery
authority or any corporation administering, or through which
is administered, the temporalities of any recognized church,
religious society, association or denomination.
"State or federal cemetery" means a cemetery owned,
operated, controlled, or managed by any State or the federal
government or any political subdivision or instrumentality
thereof.
"Entombment right" means the right to place individual
human remains or individual cremated human remains in a
specific mausoleum crypt or lawn crypt selected by the
consumer for use as a final resting place.
"Interment right" means the right to place individual
human remains or cremated human remains in a specific
underground location selected by the consumer for use as a
final resting place.
"Inurnment right" means the right to place individual
cremated human remains in a specific niche selected by the
consumer for use as a final resting place.
"Lawn crypt" means a permanent underground crypt usually
constructed of reinforced concrete or similar material
installed in multiple units for the entombment of human
remains.
"Imputed value" means the retail price of comparable
rights within the same or similar area of the cemetery.
(Source: P.A. 90-623, eff. 7-10-98; revised 12-07-01.)
Section 92. The General Not For Profit Corporation Act
of 1986 is amended by changing Section 115.10 as follows:
(805 ILCS 105/115.10) (from Ch. 32, par. 115.10)
Sec. 115.10. Fees for filing documents and issuing
certificates. The Secretary of State shall charge and
collect for:
(a) Filing articles of incorporation, $50.
(b) Filing articles of amendment, $25, unless the
amendment is a restatement of the articles of incorporation,
in which case the fee shall be $100.
(c) Filing articles of merger or, $25.
(d) Filing articles of dissolution, $5.
(e) Filing application to reserve a corporate name, $25.
(f) Filing a notice of transfer of a reserved corporate
name, $25.
(g) Filing statement of change of address of registered
office or change of registered agent, or both, if other than
on an annual report, $5.
(h) Filing an application of a foreign corporation for
authority to conduct affairs in this State, $50.
(i) Filing an application of a foreign corporation for
amended authority to conduct affairs in this State, $25.
(j) Filing a copy of amendment to the articles of
incorporation of a foreign corporation holding authority to
conduct affairs in this State, $25, unless the amendment is a
restatement of the articles of incorporation, in which case
the fee shall be $100.
(k) Filing a copy of articles of merger of a foreign
corporation holding authority to conduct affairs in this
State, $25.
(l) Filing an application for withdrawal and final
report or a copy of articles of dissolution of a foreign
corporation, $5.
(m) Filing an annual report of a domestic or foreign
corporation, $5.
(n) Filing an application for reinstatement of a
domestic or a foreign corporation, $25.
(o) Filing an application for use or change of an
assumed corporate name, $150 for each year or part thereof
ending in 0 or 5, $120 for each year or part thereof ending
in 1 or 6, $90 for each year or part thereof ending in 2 or
7, $60 for each year or part thereof ending in 3 or 8, $30
for each year or part thereof ending in 4 or 9, and a renewal
fee for each assumed corporate name, $150.
(p) Filing an application for change or cancellation of
an assumed corporate name, $5.
(q) Filing an application to register the corporate name
of a foreign corporation, $50; and an annual renewal fee for
the registered name, $50.
(r) Filing an application for cancellation of a
registered name of a foreign corporation, $5.
(s) Filing a statement of correction, $25.
(t) Filing an election to accept this Act, $25.
(u) Filing any other statement or report, $5.
(Source: P.A. 92-33, eff. 7-1-01; revised 1-25-02.)
Section 93. The Uniform Commercial Code is amended by
changing Section 2A-103 as follows:
(810 ILCS 5/2A-103) (from Ch. 26, par. 2A-103)
Sec. 2A-103. Definitions and index of definitions.
(1) In this Article unless the context otherwise
requires:
(a) "Buyer in ordinary course of business" means a
person who, in good faith and without knowledge that the
sale to him or her is in violation of the ownership
rights or security interest or leasehold interest of a
third party in the goods, buys in ordinary course from a
person in the business of selling goods of that kind but
does not include a pawnbroker. "Buying" may be for cash
or by exchange of other property or on secured or
unsecured credit and includes receiving goods or
documents of title under a pre-existing contract for sale
but does not include a transfer in bulk or as security
for or in total or partial satisfaction of a money debt.
(b) "Cancellation" occurs when either party puts an
end to the lease contract for default by the other party.
(c) "Commercial unit" means such a unit of goods as
by commercial usage is a single whole for purposes of
lease and division of which materially impairs its
character or value on the market or in use. A commercial
unit may be a single article, as a machine, or a set of
articles, as a suite of furniture or a line of machinery,
or a quantity, as a gross or carload, or any other unit
treated in use or in the relevant market as a single
whole.
(d) "Conforming" goods or performance under a lease
contract means goods or performance that are in
accordance with the obligations under the lease contract.
(e) "Consumer lease" means a lease that a lessor
regularly engaged in the business of leasing or selling
makes to a lessee who is an individual and who takes
under the lease primarily for a personal, family, or
household purpose, if the total payments to be made under
the lease contract, excluding payments for options to
renew or buy, do not exceed $40,000.
(f) "Fault" means wrongful act, omission, breach,
or default.
(g) "Finance lease" means a lease with respect to
which:
(i) the lessor does not select, manufacture,
or supply the goods;
(ii) the lessor acquires the goods or the
right to possession and use of the goods in
connection with the lease; and
(iii) one of the following occurs:
(A) the lessee receives a copy of the
contract by which the lessor acquired the goods
or the right to possession and use of the goods
before signing the lease contract;
(B) the lessee's approval of the contract
by which the lessor acquired the goods or the
right to possession and use of the goods is a
condition to effectiveness of the lease
contract;
(C) the lessee, before signing the lease
contract, receives an accurate and complete
statement designating the promises and
warranties, and any disclaimers of warranties,
limitations or modifications of remedies, or
liquidated damages, including those of a third
party, such as the manufacturer of the goods,
provided to the lessor by the person supplying
the goods in connection with or as part of the
contract by which the lessor acquired the goods
or the right to possession and use of the
goods; or
(D) if the lease is not a consumer lease,
the lessor, before the lessee signs the lease
contract, informs the lessee in writing (a) of
the identity of the person supplying the goods
to the lessor, unless the lessee has selected
that person and directed the lessor to acquire
the goods or the right to possession and use of
the goods from that person, (b) that the lessee
is entitled under this Article to the promises
and warranties, including those of any third
party, provided to the lessor by the person
supplying the goods in connection with or as
part of the contract by which the lessor
acquired the goods or the right to possession
and use of the goods, and (c) that the lessee
may communicate with the person supplying the
goods to the lessor and receive an accurate and
complete statement of those promises and
warranties, including any disclaimers and
limitations of them or of remedies.
(h) "Goods" means all things that are movable at
the time of identification to the lease contract, or are
fixtures (Section 2A-309), but the term does not include
money, documents, instruments, accounts, chattel paper,
general intangibles, or minerals or the like, including
oil and gas, before extraction. The term also includes
the unborn young of animals.
(i) "Installment lease contract" means a lease
contract that authorizes or requires the delivery of
goods in separate lots to be separately accepted, even
though the lease contract contains a clause "each
delivery is a separate lease" or its equivalent.
(j) "Lease" means a transfer of the right to
possession and use of goods for a term in return for
consideration, but a sale, including a sale on approval
or a sale or return, or retention or creation of a
security interest is not a lease. Unless the context
clearly indicates otherwise, the term includes a
sublease.
(k) "Lease agreement" means the bargain, with
respect to the lease, of the lessor and the lessee in
fact as found in their language or by implication from
other circumstances including course of dealing or usage
of trade or course of performance as provided in this
Article. Unless the context clearly indicates otherwise,
the term includes a sublease agreement.
(l) "Lease contract" means the total legal
obligation that results from the lease agreement as
affected by this Article and any other applicable rules
of law. Unless the context clearly indicates otherwise,
the term includes a sublease contract.
(m) "Leasehold interest" means the interest of the
lessor or the lessee under a lease contract contact.
(n) "Lessee" means a person who acquires the right
to possession and use of goods under a lease. Unless the
context clearly indicates otherwise, the term includes a
sublessee.
(o) "Lessee in ordinary course of business" means a
person who in good faith and without knowledge that the
lease to him or her is in violation of the ownership
rights or security interest or leasehold interest of a
third party in the goods leases in ordinary course from a
person in the business of selling or leasing goods of
that kind but does not include a pawnbroker. "Leasing"
may be for cash or by exchange of other property or on
secured or unsecured credit and includes receiving goods
or documents of title under a pre-existing lease contract
but does not include a transfer in bulk or as security
for or in total or partial satisfaction of a money debt.
(p) "Lessor" means a person who transfers the right
to possession and use of goods under a lease. Unless the
context clearly indicates otherwise, the term includes a
sublessor.
(q) "Lessor's residual interest" means the lessor's
interest in the goods after expiration, termination, or
cancellation of the lease contract.
(r) "Lien" means a charge against or interest in
goods to secure payment of a debt or performance of an
obligation, but the term does not include a security
interest.
(s) "Lot" means a parcel or a single article that
is the subject matter of a separate lease or delivery,
whether or not it is sufficient to perform the lease
contract.
(t) "Merchant lessee" means a lessee that is a
merchant with respect to goods of the kind subject to the
lease.
(u) "Present value" means the amount as of a date
certain of one or more sums payable in the future,
discounted to the date certain. The discount is
determined by the interest rate specified by the parties
if the rate was not manifestly unreasonable at the time
the transaction was entered into; otherwise, the discount
is determined by a commercially reasonable rate that
takes into account the facts and circumstances of each
case at the time the transaction was entered into.
(v) "Purchase" includes taking by sale, lease,
mortgage, security interest, pledge, gift, or any other
voluntary transaction creating an interest in goods.
(w) "Sublease" means a lease of goods the right to
possession and use of which was acquired by the lessor as
a lessee under an existing lease.
(x) "Supplier" means a person from whom a lessor
buys or leases goods to be leased under a finance lease.
(y) "Supply contract" means a contract under which
a lessor buys or leases goods to be leased.
(z) "Termination" occurs when either party pursuant
to a power created by agreement or law puts an end to the
lease contract otherwise than for default.
(2) Other definitions applying to this Article and the
Sections in which they appear are:
"Accessions". Section 2A-310(1).
"Construction mortgage". Section 2A-309(1)(d).
"Encumbrance". Section 2A-309(1)(e).
"Fixtures". Section 2A-309(1)(a).
"Fixture filing". Section 2A-309(1)(b).
"Purchase money lease". Section 2A-309(1)(c).
(3) The following definitions in other Articles apply to
this Article:
"Account". Section 9-102(a)(2).
"Between merchants". Section 2-104(3).
"Buyer". Section 2-103(1)(a).
"Chattel paper". Section 9-102(a)(11).
"Consumer goods". Section 9-102(a)(23).
"Document". Section 9-102(a)(30).
"Entrusting". Section 2-403(3).
"General intangible". Section 9-102(a)(42).
"Good faith". Section 2-103(1)(b).
"Instrument". Section 9-102(a)(47).
"Merchant". Section 2-104(1).
"Mortgage". Section 9-102(a)(55).
"Pursuant to commitment". Section 9-102(a)(68).
"Receipt". Section 2-103(1)(c).
"Sale". Section 2-106(1).
"Sale on approval". Section 2-326.
"Sale or return". Section 2-326.
"Seller". Section 2-103(1)(d).
(4) In addition, Article 1 contains general definitions
and principles of construction and interpretation applicable
throughout this Article.
(Source: P.A. 91-893, eff. 7-1-01; revised 12-07-01.)
Section 94. The Consumer Fraud and Deceptive Business
Practices Act is amended by setting forth and renumbering
multiple versions of Section 2KK as follows:
(815 ILCS 505/2KK)
Sec. 2KK. Animal cremation services. It is an unlawful
practice within the meaning of this Act for a provider of
companion animal cremation services (1) to fail to prepare or
distribute a written explanation of services as required by
the Companion Animal Cremation Act; (2) to prepare or
distribute a written explanation of services under that Act
that the provider knows or should know to be false or
misleading; or (3) to knowingly make a false certification
under Section 20 of that Act.
(Source: P.A. 92-287, eff. 1-1-02.)
(815 ILCS 505/2LL)
Sec. 2LL. 2KK. Halal food; disclosure.
(a) As used in this Section:
"Dealer" means any establishment that advertises,
represents, or holds itself out as growing animals in a halal
way or selling, preparing, or maintaining food as halal,
including, but not limited to, manufacturers, animals' farms,
slaughterhouses, wholesalers, stores, restaurants, hotels,
catering facilities, butcher shops, summer camps, bakeries,
delicatessens, supermarkets, grocery stores, licensed health
care facilities, freezer dealers, and food plan companies.
These establishments may also sell, prepare or maintain food
not represented as halal.
"Director" means the Director of Agriculture.
"Food" means an animal grown to become food for human
consumption, a food, a food product, a food ingredient, a
dietary supplement, or a beverage.
"Halal" means prepared under and maintained in strict
compliance with the laws and customs of the Islamic religion
including but not limited to those laws and customs of
zabiha/zebeeha (slaughtered according to appropriate Islamic
codes), and as expressed by reliable recognized Islamic
entities and scholars.
(b) Any dealer who grows animals represented to be grown
in a halal way or who prepares, distributes, sells, or
exposes for sale any food represented to be halal shall
disclose the basis upon which those representations are made
by posting the information required by the Director, in
accordance with rules adopted by the Director, on a sign of a
type and size specified by the Director, in a conspicuous
place upon the premises at which the food is sold or exposed
for sale, as required by the Director.
(c) Any person subject to the requirements of subsection
(b) does not commit an unlawful practice if the person shows
by a preponderance of the evidence that the person relied in
good faith upon the representations of an animals' farm,
slaughterhouse, manufacturer, processor, packer, or
distributor of any food represented to be halal.
(d) Possession by a dealer of any animal grown to become
food for consumption or any food not in conformance with the
disclosure required by subsection (b) with respect to that
food is presumptive evidence that the person is in possession
of that food with the intent to sell.
(e) Any dealer who grows animals represented to be grown
in a halal way or who prepares, distributes, sells, or
exposes for sale any food represented to be halal shall
comply with all requirements of the Director, including, but
not limited to, recordkeeping, labeling and filing, in
accordance with rules adopted by the Director.
(f) Neither an animal represented to be grown in a halal
way to become food for human consumption, nor a food
commodity represented as halal, may be offered for sale by a
dealer until the dealer has registered, with the Director,
documenting information of the certifying Islamic entity
specialized in halal food or the supervising Muslim Inspector
of Halal Food.
(g) The Director shall adopt rules to carry out this
Section in accordance with the Illinois Administrative
Procedure Act.
(h) It is an unlawful practice under this Act to violate
this Section or the rules adopted by the Director to carry
out this Section.
(Source: P.A. 92-394, eff. 1-1-02; revised 10-17-01.)
Section 95. The Business Opportunity Sales Law of 1995
is amended by changing Section 5-60 as follows:
(815 ILCS 602/5-60)
Sec. 5-60. Investigations and subpoenas.
(a) The Secretary of State:
(1) may make such public or private investigations
within or outside of this State as the Secretary of State
deems necessary to determine whether any person has
violated or is about to violate any provision of this Law
or any rule, regulation, or order under this Law, or to
aid in the enforcement of this Law or in the prescribing
of rules and forms under this Law;
(2) may require or permit any person to file a
statement, under oath or otherwise as the Secretary of
State determines, as to all the facts and circumstances
concerning the matter to be investigated; and
(3) may publish information concerning any
violation of this Law or any rule, regulation, or order
under this Law.
(b) For the purpose of any investigation or proceeding
under this Law, the Secretary of State or his or her designee
may administer oaths and affirmations, subpoena witnesses,
compel their attendance, take evidence and require, by
subpoena or other lawful means provided by this Act or the
rules adopted by the Secretary of State, the production of
any books, papers, correspondence, memoranda, agreements, or
other documents or records which the Secretary of State deems
relevant or material to the inquiry.
(c) In case of contumacy by, or refusal to obey a
subpoena issued to any person under this Section, the
Secretary of State, through the Office of the Attorney
General, may bring an appropriate action in any circuit court
of the State of Illinois for the purpose of enforcing the
subpoena.
(d) It shall be a violation of the provisions of this
Law for any person to fail to file with the Secretary of
State any report, document, or statement required to be filed
under the provisions of this Section or to fail to comply
with the terms of any order of the Secretary of State issued
pursuant to this Law.
(Source: P.A. 92-308, eff. 1-1-02; revised 1-26-02.)
Section 96. The Motor Vehicle Franchise Act is amended
by changing Section 6 as follows:
(815 ILCS 710/6) (from Ch. 121 1/2, par. 756)
Sec. 6. Warranty agreements; claims; approval; payment;
written disapproval.
(a) Every manufacturer, distributor, wholesaler,
distributor branch or division, factory branch or division,
or wholesale branch or division shall properly fulfill any
warranty agreement and adequately and fairly compensate each
of its motor vehicle dealers for labor and parts.
(b) In no event shall such compensation fail to include
reasonable compensation for diagnostic work, as well as
repair service, labor, and parts. Time allowances for the
diagnosis and performance of warranty work and service shall
be reasonable and adequate for the work to be performed. In
the determination of what constitutes reasonable compensation
under this Section, the principal factor to be given
consideration shall be the prevailing wage rates being paid
by the dealer in the relevant market area in which the motor
vehicle dealer is doing business, and in no event shall such
compensation of a motor vehicle dealer for warranty service
be less than the rates charged by such dealer for like
service to retail customers for nonwarranty service and
repairs. The franchiser shall reimburse the franchisee for
any parts provided in satisfaction of a warranty at the
prevailing retail price charged by that dealer for the same
parts when not provided in satisfaction of a warranty;
provided that such motor vehicle franchisee's prevailing
retail price is not unreasonable when compared with that of
the holders of motor vehicle franchises from the same motor
vehicle franchiser for identical merchandise in the
geographic area in which the motor vehicle franchisee is
engaged in business. All claims, either original or
resubmitted, made by motor vehicle dealers hereunder and
under Section 5 for such labor and parts shall be either
approved or disapproved within 30 days following their
submission. All approved claims shall be paid within 30 days
following their approval. The motor vehicle dealer who
submits a claim which is disapproved shall be notified in
writing of the disapproval within the same period, and each
such notice shall state the specific grounds upon which the
disapproval is based. The motor vehicle dealer shall be
permitted to correct and resubmit such disapproved claims
within 30 days of receipt of disapproval. Any claims not
specifically disapproved in writing within 30 days from their
submission shall be deemed approved and payment shall follow
within 30 days. The manufacturer or franchiser shall have
the right to require reasonable documentation for claims and
to audit such claims within a one year period from the date
the claim was paid or credit issued by the manufacturer or
franchiser, and to charge back any false or unsubstantiated
claims. The audit and charge back provisions of this Section
also apply to all other incentive and reimbursement programs
for a period of 18 months after the date of the transactions
that are subject to audit by the franchiser. However, the
manufacturer retains the right to charge back any fraudulent
claim if the manufacturer establishes in a court of competent
jurisdiction in this State that the claim is fraudulent.
(c) The motor vehicle franchiser shall not, by
agreement, by restrictions upon reimbursement, or otherwise,
restrict the nature and extent of services to be rendered or
parts to be provided so that such restriction prevents the
motor vehicle franchisee from satisfying the warranty by
rendering services in a good and workmanlike manner and
providing parts which are required in accordance with
generally accepted standards. Any such restriction shall
constitute a prohibited practice.
(d) For the purposes of this Section, the "prevailing
retail price charged by that dealer for the same parts" means
the price paid by the motor vehicle franchisee for parts,
including all shipping and other charges, multiplied by the
sum of 1.0 and the franchisee's average percentage markup
over the price paid by the motor vehicle franchisee for parts
purchased by the motor vehicle franchisee from the motor
vehicle franchiser and sold at retail. The motor vehicle
franchisee may establish average percentage markup under this
Section by submitting to the motor vehicle franchiser 100
sequential customer paid service repair orders or 90 days of
customer paid service repair orders, whichever is less,
covering repairs made no more than 180 days before the
submission, and declaring what the average percentage markup
is. The average percentage markup so declared shall go into
effect 30 days following the declaration, subject to audit of
the submitted repair orders by the motor vehicle franchiser
and adjustment of the average percentage markup based on that
audit. Any audit must be conducted within 30 days following
the declaration. Only retail sales not involving warranty
repairs, parts covered by subsection (e) of this Section, or
parts supplied for routine vehicle maintenance, shall be
considered in calculating average percentage markup. No
motor vehicle franchiser shall require a motor vehicle
franchisee to establish average percentage markup by a
methodology, or by requiring information, that is unduly
burdensome or time consuming to provide, including, but not
limited to, part by part or transaction by transaction
calculations. A motor vehicle franchisee shall not request a
change in the average percentage markup more than twice in
one calendar year.
(e) If a motor vehicle franchiser supplies a part or
parts for use in a repair rendered under a warranty other
than by sale of that part or parts to the motor vehicle
franchisee, the motor vehicle franchisee shall be entitled to
compensation equivalent to the motor vehicle franchisee's
average percentage markup on the part or parts, as if the
part or parts had been sold to the motor vehicle franchisee
by the motor vehicle franchiser. The requirements of this
subsection (e) shall not apply to entire engine assemblies
and entire transmission assemblies. In the case of those
assemblies, the motor vehicle franchiser shall reimburse the
motor vehicle franchisee in the amount of 30% of what the
motor vehicle franchisee would have paid the motor vehicle
franchiser for the assembly if the assembly had not been
supplied by the franchiser other than by the sale of that
assembly to the motor vehicle franchisee.
(f) The obligations imposed on motor vehicle franchisers
by this Section shall apply to any parent, subsidiary,
affiliate, or agent of the motor vehicle franchiser, any
person under common ownership or control, any employee of the
motor vehicle franchiser, and any person holding 1% or more
of the shares of any class of securities or other ownership
interest in the motor vehicle franchiser, if a warranty or
service or repair plan is issued by that person instead of or
in addition to one issued by the motor vehicle franchiser.
(g) (1) Any motor vehicle franchiser and at least a
majority of its Illinois franchisees of the same line make
may agree in an express written contract citing this Section
upon a uniform warranty reimbursement policy used by
contracting franchisees to perform warranty repairs. The
policy shall only involve either reimbursement for parts used
in warranty repairs or the use of a Uniform Time Standards
Manual, or both. Reimbursement for parts under the agreement
shall be used instead of the franchisees' "prevailing retail
price charged by that dealer for the same parts" as defined
in this Section to calculate compensation due from the
franchiser for parts used in warranty repairs. This Section
does not authorize a franchiser and its Illinois franchisees
to establish a uniform hourly labor reimbursement.
Each franchiser shall only have one such agreement with
each line make. Any such agreement shall:
(A) Establish a uniform parts reimbursement rate.
The uniform parts reimbursement rate shall be greater
than the franchiser's nationally established parts
reimbursement rate in effect at the time the first such
agreement becomes effective; however, any subsequent
agreement shall result in a uniform reimbursement rate
that is greater or equal to the rate set forth in the
immediately prior agreement.
(B) Apply to all warranty repair orders written
during the period that the agreement is effective.
(C) Be available, during the period it is
effective, to any motor vehicle franchisee of the same
line make at any time and on the same terms.
(D) Be for a term not to exceed 3 years so long as
any party to the agreement may terminate the agreement
upon the annual anniversary of the agreement and with 30
days' prior written notice; however, the agreement shall
remain in effect for the term of the agreement regardless
of the number of dealers of the same line make that may
terminate the agreement.
(2) A franchiser that enters into an agreement with its
franchisees pursuant to paragraph (1) of this subsection (g)
may seek to recover its costs from only those franchisees
that are receiving their "prevailing retail price charged by
that dealer" under subsections (a) through (f) of this
Section, subject to the following requirements:
(A) "costs" means the difference between the
uniform reimbursement rate set forth in an agreement
entered into pursuant to paragraph (1) of this subsection
(g) and the "prevailing retail price charged by that
dealer" received by those franchisees of the same line
make;
(B) the costs shall be recovered only by increasing
the invoice price on new vehicles received by those
franchisees; and
(C) price increases imposed for the purpose of
recovering costs imposed by this Section may vary from
time to time and from model to model, but shall apply
uniformly to all franchisees of the same line make in the
State of Illinois that have requested reimbursement for
warranty repairs at their "prevailing retail price
charged by that dealer", except that a franchiser may
make an exception for vehicles that are titled in the
name of a consumer in another state.
(3) If a franchiser contracts with its Illinois dealers
pursuant to paragraph (1) of this subsection (g), the
franchiser shall certify under oath to the Motor Vehicle
Review Board that a majority of the franchisees of that line
make did agree to such an agreement and file a sample copy of
the agreement. On an annual basis, each franchiser shall
certify under oath to the Motor Vehicle Review Board that the
reimbursement costs it recovers under paragraph (2) of this
subsection (g) do not exceed the amounts authorized by
paragraph (2) of this subsection (g). The franchiser shall
maintain for a period of 3 years a file that contains the
information upon which its certification is based.
(4) If a franchiser and its franchisees do not enter
into an agreement pursuant to paragraph (1) of this
subsection (g), and for any matter that is not the subject of
an agreement, this subsection (g) shall have no effect
whatsoever.
(5) For purposes of this subsection (g), a Uniform Time
Standard Manual is a document created by a franchiser that
establishes the time allowances for the diagnosis and
performance of warranty work and service. The allowances
shall be reasonable and adequate for the work and service to
be performed. Each franchiser shall have a reasonable and
fair process that allows a franchisee to request a
modification or adjustment of a standard or standards
included in such a manual.
(Source: P.A. 91-485, eff. 1-1-00; 92-498, eff. 12-12-01;
revised 1-25-02.)
Section 97. The Public Safety Employee Benefits Act is
amended by changing Section 15 as follows:
(820 ILCS 320/15)
Sec. 15. Required educational benefits. If a
firefighter, law enforcement, or correctional or correctional
probation officer is accidentally or unlawfully and
intentionally killed as specified in subsection (b) of
Section 10 Section 5 on or after July 1, 1980, the State
shall waive certain educational expenses which children of
the deceased incur while obtaining a vocational-technical
certificate or an undergraduate education at a State
supported institution. The amount waived by the State shall
be an amount equal to the cost of tuition and matriculation
and registration fees for a total of 120 credit hours. The
child may attend a State vocational-technical school, a
public community college, or a State university. The child
may attend any or all of the institutions specified in this
Section, on either a full-time or part-time basis. The
benefits provided under this Section shall continue to the
child until the child's 25th birthday.
(1) Upon failure of any child benefited by the
provisions of this Section to comply with the ordinary
and minimum requirements of the institution attended,
both as to discipline and scholarship, the benefits shall
be withdrawn as to the child and no further moneys may be
expended for the child's benefits so long as the failure
or delinquency continues.
(2) Only a student in good standing in his or her
respective institution may receive the benefits under
this Section.
(3) A child receiving benefits under this Section
must be enrolled according to the customary rules and
requirements of the institution attended.
(Source: P.A. 90-535, eff. 11-14-97; revised 9-22-00.)
Section 997. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 998. No revival or extension. This Act does not
revive or extend any Section or Act otherwise repealed.
Section 999. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
5 ILCS 80/4.13 from Ch. 127, par. 1904.13
5 ILCS 80/4.22
5 ILCS 80/4.12 rep. from Ch. 127, par. 1904.12
5 ILCS 100/1-90
5 ILCS 140/2 from Ch. 116, par. 202
5 ILCS 140/7 from Ch. 116, par. 207
5 ILCS 375/3 from Ch. 127, par. 523
20 ILCS 5/1-5
20 ILCS 105/4.01 from Ch. 23, par. 6104.01
20 ILCS 505/5d
20 ILCS 505/5e
20 ILCS 505/7 from Ch. 23, par. 5007
20 ILCS 605/605-605 was 20 ILCS 605/46.57
20 ILCS 605/605-710
20 ILCS 830/2-1 from Ch. 96 1/2, par. 9702-1
20 ILCS 2605/2605-302 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-555
20 ILCS 2630/5 from Ch. 38, par. 206-5
20 ILCS 2805/2 from Ch. 126 1/2, par. 67
20 ILCS 3505/5 from Ch. 48, par. 850.05
30 ILCS 105/5.543
30 ILCS 105/5.544
30 ILCS 105/5.545
30 ILCS 105/5.546
30 ILCS 105/5.547
30 ILCS 105/5.548
30 ILCS 105/5.552
30 ILCS 105/5.553
30 ILCS 105/5.554
30 ILCS 105/5.555
30 ILCS 105/5.556
30 ILCS 105/5.557
30 ILCS 105/5.558
30 ILCS 105/5.559
30 ILCS 105/5.560
30 ILCS 105/5.561
30 ILCS 105/5.562
30 ILCS 105/5.563
30 ILCS 105/5.564
30 ILCS 105/5.565
30 ILCS 105/5.566
30 ILCS 105/5.567
30 ILCS 105/5.568
30 ILCS 105/6z-51
30 ILCS 105/6z-54
30 ILCS 105/6z-55
30 ILCS 562/1.5
30 ILCS 605/1.02 from Ch. 127, par. 133b3
30 ILCS 740/2-2.04 from Ch. 111 2/3, par. 662.04
30 ILCS 805/8.24
30 ILCS 805/8.25
35 ILCS 5/201 from Ch. 120, par. 2-201
35 ILCS 5/203 from Ch. 120, par. 2-203
35 ILCS 5/507V
35 ILCS 5/507W
35 ILCS 5/509 from Ch. 120, par. 5-509
35 ILCS 5/510 from Ch. 120, par. 5-510
35 ILCS 10/5-5
35 ILCS 105/3-5 from Ch. 120, par. 439.3-5
35 ILCS 105/9 from Ch. 120, par. 439.9
35 ILCS 110/3-5 from Ch. 120, par. 439.33-5
35 ILCS 110/9 from Ch. 120, par. 439.39
35 ILCS 115/3-5 from Ch. 120, par. 439.103-5
35 ILCS 115/9 from Ch. 120, par. 439.109
35 ILCS 120/2-5 from Ch. 120, par. 441-5
35 ILCS 120/3 from Ch. 120, par. 442
35 ILCS 200/15-25
35 ILCS 200/18-165
35 ILCS 200/31-5
35 ILCS 505/15 from Ch. 120, par. 431
40 ILCS 5/1-113.7
40 ILCS 5/11-167 from Ch. 108 1/2, par. 11-167
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
40 ILCS 5/14-114 from Ch. 108 1/2, par. 14-114
40 ILCS 5/16-106 from Ch. 108 1/2, par. 16-106
40 ILCS 5/17-119.1
55 ILCS 5/5-1083 from Ch. 34, par. 5-1083
55 ILCS 5/5-1098 from Ch. 34, par. 5-1098
60 ILCS 1/35-55
65 ILCS 5/3.1-20-10 from Ch. 24, par. 3.1-20-10
65 ILCS 5/3.1-55-10 from Ch. 24, par. 3.1-55-10
65 ILCS 5/11-21.5-5
65 ILCS 5/11-73-2 from Ch. 24, par. 11-73-2
65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3
65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7
65 ILCS 5/11-95-7 from Ch. 24, par. 11-95-7
70 ILCS 2605/283
70 ILCS 2605/285
70 ILCS 2605/286
70 ILCS 2605/287
70 ILCS 3615/4.03 from Ch. 111 2/3, par. 704.03
105 ILCS 5/1D-1
105 ILCS 5/2-3.35 from Ch. 122, par. 2-3.35
105 ILCS 5/14-1.09.2
105 ILCS 5/14-9.01 from Ch. 122, par. 14-9.01
105 ILCS 5/18-8.05
105 ILCS 5/22-27
105 ILCS 5/34A-403.1
110 ILCS 805/3-25.2 from Ch. 122, par. 103-25.2
110 ILCS 970/1-20 from Ch. 144, par. 2781-20
205 ILCS 5/14 from Ch. 17, par. 321
205 ILCS 5/48 from Ch. 17, par. 359
205 ILCS 105/3-10 from Ch. 17, par. 3303-10
205 ILCS 610/1 from Ch. 17, par. 1001
205 ILCS 620/Art. IVA heading
205 ILCS 657/92
210 ILCS 30/6.2 from Ch. 111 1/2, par. 4166.2
210 ILCS 45/3-206.01 from Ch. 111 1/2, par. 4153-206.01
210 ILCS 50/3.110
210 ILCS 50/3.220
210 ILCS 50/3.250
215 ILCS 5/155.37
215 ILCS 5/155.38
215 ILCS 5/370c from Ch. 73, par. 982c
215 ILCS 5/424 from Ch. 73, par. 1031
215 ILCS 5/500-77
215 ILCS 125/2-6 from Ch. 111 1/2, par. 1406.2
215 ILCS 125/3-1 from Ch. 111 1/2, par. 1407.3
215 ILCS 125/4-6.5
215 ILCS 165/10 from Ch. 32, par. 604
220 ILCS 65/4 from Ch. 134, par. 20
225 ILCS 25/4 from Ch. 111, par. 2304
225 ILCS 65/20-165
225 ILCS 75/2 from Ch. 111, par. 3702
225 ILCS 75/3.2
225 ILCS 85/10 from Ch. 111, par. 4130
225 ILCS 90/1 from Ch. 111, par. 4251
225 ILCS 125/215
225 ILCS 335/9.10 from Ch. 111, par. 7509.10
225 ILCS 440/3 from Ch. 121, par. 503
225 ILCS 441/15-20
225 ILCS 450/17 from Ch. 111, par. 5518
225 ILCS 728/10
235 ILCS 5/5-1 from Ch. 43, par. 115
235 ILCS 5/6-16 from Ch. 43, par. 131
305 ILCS 5/4-1.7 from Ch. 23, par. 4-1.7
305 ILCS 5/5-5 from Ch. 23, par. 5-5
305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4
305 ILCS 5/5-10 from Ch. 23, par. 5-10
305 ILCS 5/5-12 from Ch. 23, par. 5-12
305 ILCS 5/8A-7.1 from Ch. 23, par. 8A-7.1
305 ILCS 5/9-1 from Ch. 23, par. 9-1
305 ILCS 5/10-3 from Ch. 23, par. 10-3
305 ILCS 5/10-10.5
305 ILCS 5/11-22b from Ch. 23, par. 11-22b
305 ILCS 5/12-4.25 from Ch. 23, par. 12-4.25
305 ILCS 5/12-10.2 from Ch. 23, par. 12-10.2
305 ILCS 5/12-10.5
305 ILCS 5/12-10.6
320 ILCS 25/4 from Ch. 67 1/2, par. 404
320 ILCS 25/6 from Ch. 67 1/2, par. 406
325 ILCS 5/7.9 from Ch. 23, par. 2057.9
325 ILCS 20/11 from Ch. 23, par. 4161
325 ILCS 20/13 from Ch. 23, par. 4163
405 ILCS 5/2-108 from Ch. 91 1/2, par. 2-108
405 ILCS 5/3-601 from Ch. 91 1/2, par. 3-601
410 ILCS 50/4 from Ch. 111 1/2, par. 5404
410 ILCS 80/3 from Ch. 111 1/2, par. 8203
415 ILCS 5/15 from Ch. 111 1/2, par. 1015
415 ILCS 5/19.1 from Ch. 111 1/2, par. 1019.1
415 ILCS 5/57.7
420 ILCS 44/65
430 ILCS 65/14 from Ch. 38, par. 83-14
510 ILCS 70/4.01 from Ch. 8, par. 704.01
510 ILCS 70/4.02 from Ch. 8, par. 704.02
510 ILCS 70/16 from Ch. 8, par. 716
515 ILCS 5/20-35 from Ch. 56, par. 20-35
520 ILCS 5/2.26 from Ch. 61, par. 2.26
520 ILCS 5/2.33 from Ch. 61, par. 2.33
625 ILCS 5/2-123 from Ch. 95 1/2, par. 2-123
625 ILCS 5/3-112 from Ch. 95 1/2, par. 3-112
625 ILCS 5/3-112.1 from Ch. 95 1/2, par. 3-112.1
625 ILCS 5/3-302 from Ch. 95 1/2, par. 3-302
625 ILCS 5/3-402 from Ch. 95 1/2, par. 3-402
625 ILCS 5/3-405.1 from Ch. 95 1/2, par. 3-405.1
625 ILCS 5/3-412 from Ch. 95 1/2, par. 3-412
625 ILCS 5/3-616 from Ch. 95 1/2, par. 3-616
625 ILCS 5/3-648
625 ILCS 5/3-650
625 ILCS 5/3-651
625 ILCS 5/3-652
625 ILCS 5/3-653
625 ILCS 5/3-806.3 from Ch. 95 1/2, par. 3-806.3
625 ILCS 5/6-205 from Ch. 95 1/2, par. 6-205
625 ILCS 5/6-206 from Ch. 95 1/2, par. 6-206
625 ILCS 5/6-208 from Ch. 95 1/2, par. 6-208
625 ILCS 5/6-500 from Ch. 95 1/2, par. 6-500
625 ILCS 5/7-501 from Ch. 95 1/2, par. 7-501
625 ILCS 5/11-207 from Ch. 95 1/2, par. 11-207
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
625 ILCS 5/11-1201 from Ch. 95 1/2, par. 11-1201
625 ILCS 5/11-1201.1
625 ILCS 5/12-215 from Ch. 95 1/2, par. 12-215
625 ILCS 5/18b-105 from Ch. 95 1/2, par. 18b-105
625 ILCS 5/18c-2108 from Ch. 95 1/2, par. 18c-2108
625 ILCS 45/5-7 from Ch. 95 1/2, par. 315-7
705 ILCS 105/27.6
705 ILCS 405/5-615
705 ILCS 405/5-715
720 ILCS 5/12-21.6
720 ILCS 5/Art. 16G heading
725 ILCS 5/110-10 from Ch. 38, par. 110-10
730 ILCS 5/3-3-4 from Ch. 38, par. 1003-3-4
730 ILCS 5/5-1-22 from Ch. 38, par. 1005-1-22
730 ILCS 5/5-5-3 from Ch. 38, par. 1005-5-3
730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3
730 ILCS 5/5-6-3.1 from Ch. 38, par. 1005-6-3.1
730 ILCS 5/5-8-3 from Ch. 38, par. 1005-8-3
735 ILCS 5/3-101 from Ch. 110, par. 3-101
735 ILCS 5/8-402 from Ch. 110, par. 8-402
740 ILCS 45/10.1 from Ch. 70, par. 80.1
740 ILCS 175/6 from Ch. 127, par. 4106
750 ILCS 5/505 from Ch. 40, par. 505
750 ILCS 5/505.3
750 ILCS 5/510 from Ch. 40, par. 510
750 ILCS 16/50
750 ILCS 50/1 from Ch. 40, par. 1501
750 ILCS 60/222 from Ch. 40, par. 2312-22
760 ILCS 100/2 from Ch. 21, par. 64.2
805 ILCS 105/115.10 from Ch. 32, par. 115.10
810 ILCS 5/2A-103 from Ch. 26, par. 2A-103
815 ILCS 505/2KK
815 ILCS 505/2LL
815 ILCS 602/5-60
815 ILCS 710/6 from Ch. 121 1/2, par. 756
820 ILCS 320/15
Passed in the General Assembly May 14, 2002.
Approved July 11, 2002.
Effective July 11, 2002.
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